Am I required to file a Defence to his counterclaim? Something odd happened. I got a letter from the Court which states they are considering transferring my current claim, with my old 7 year claim, to another Court. 7 years ago a judgement was made in my favor against the Defendant, and he paid it in full. Now in response to my new claim, he has written in his defense he could not attend court 7 years ago due to his personal circumstances. The defendant made a counterclaim against me, claiming for the full amount of money that he already paid me 7 years ago, which was made as a settlement for the judgement I obtained against him 7 years ago. Hopefully the Court isn't saying they are planning to set aside my 7 year old judgement which he already paid in full. I am going to file a reply to his counterclaim to make sure the Court is aware what is going on.

I mean should I just make a new claim for the wiring & flooring, or an amendment of my current claim?

Thank you very much Andyorch. This same builder actually built my entire extension, including roof, tiled flooring and the wiring I've had a read through CPR 20.7 which seems to only apply to claims or counterclaims made by the Defendant? As a Claimant would I need to apply for permission from the Court to make a new claim about the wiring and flooring? I currently have an ongoing Court claim against the builder regarding the defective roof for £9500, so I thought that the Court would expect me to merge all my claims into one, regardless of whether the wiring & floor issue was realized after my original claim for the roof began. I intend to therefore serve a new letter of claim to the builder for the latent wiring defect & replacing the defective tiled flooring. (As I have realized these defects only after I began the roof claim) Does the above sound like the correct approach?

I have sued the builder for the costs of the replacement roof. One of the issues was that there was cracks on the floor tiling the builder made. At first I thought it was a defect with the build but later on changed my mind thinking it was due to heavy objects dropping on the tiles etc. However it's clear the tiled flooring has an issue with it as they are now all cracking and making strange noises when stepped on. I sued the builder to replace the roof for £9500 to keep this out of small claims. What is the procedure to increase my claim amount to add the replacement cost of the defective flooring? Furthermore, since then, another latent defect has appeared. All the lights downstairs do not work, because the downstairs fuse box electric switch trips every time it is switched on. An electrician visited and said that all the wires the builder made were illegal and a massive fire hazard, and he suspects it is causing my downstairs to trip. So I have yet another Claim against the builder for the costs to replace the electric wiring he made. For the electric wiring claim, am I able to make an entirely new claim against the builder? Or would I be required to make an application to amend? What is the procedure for this, as I have never made an application before? Thank you

Thank you BankFodder It seems it is more relevant what people expect the lifespan of a Samsung TV to last? Currys offer means they are saying my Samsung TV should last for 6 years. If my claim fails would I probably just lose the hearing fee and the costs of their solicitor travel fee (which would be a maximum of £60)?

Currys is offering £300 for the TV plus all my other costs. They justify that by saying they don't believe my TV would last 15 years and they say I have used the TV for 3 years. I have asked them to pay £460 to settle my claim plus my costs, based on the calculation that the TV would last 15 years in my case as I rarely use the TV. I have cited a few websites which seem to support my calculation. I have asked them to provide me with some examples of the lifespans of Samsung TVs used approximately once or twice per week. They have refused and they stated it will have to go to a Court hearing if I don't agree to their offer.

Currys have finally got back to me saying they accept the findings in my report. Currys wishes to settle the claim. I made an offer for them to settle my claim based on the calculation of a TV which should last for 15 years. However they disagree with my calculation and argument that my TV should last for 15 years, they claim their engineers say the majority of TVs like mine do not even last near 10 years. The lifespan of a TV depends on how much it is used, for example if a TV is turned on for 10 hours a day it would last less compared with a TV which is only turned on for 1 hour every 2 days. I rarely use this TV. Does the Consumer Rights Act say that the compensation is based on the average lifespan of the product, without taking into consideration that the use of the product effects the lifespan? In calculating my damages based on the average lifespan of a product. Does the law take into consideration my argument that I rarely use this TV and so it should last for at least 15 years? Thanks so much.

My main argument is that they are in receipt (on balance of prob) of my SAR 2022 letter and my letter of claim. Regardless of this they chose to insist that my emails in 2021 are what my claim is about by saying:" ". The Claimant has presented a claim seeking damages for alleged breach of the Data Protection Act 2018, Section 45 (3), following a subject access request he made in 2021. However, the email chain makes it clear that the Claimant seeks information in relation to a third party's personal injury claim against him" I'm arguing that they're (alleged) confusion is unwarranted as my most recent communications make it clear that I am intending to claim for my newest request dated 2022... it seems to me they are purposefully taking advantage of the fact that my particulars of claim does not mention the exact date of my DSAR referred to in my claim, to pretend to confuse my claim with my old DSAR in 2021. Although my new letters which are on their system are clear. They have: 1. ignored my letter of claim and my DSAR 2022 sent by letter 2. viewed their system and see my new letter for DSAR 2022 and letter of claim, and view my old emails in 2021. 3. insist that my claim is about my old SAR in 2021 and without asking for any clarity (on which DSAR my claim refers to) if they required, immediately fire of an application to strike out and supposedly spend hours on these documents. (Also, technically, they are claiming that in my older DSAR dated 2021 that they provided all the data relating to me, that is their claim. However there is no evidence of that. I presume only the ICO can confirm such by reviewing their files...) is what I'm writing making any sense? Please can the experts assess my defence, and let me know whether I should just pay the £1k in case the costs increase if it goes to a hearing. My claim is only for a very small amount of money but they're claiming £1k..

The costs are £1k, if there's a Court hearing and they come all the way to my city can it increase up to 2k or more? I am really scared and I wish I did not begin any court claim... I have attached my Particulars of claim and the Defendants strike out application. Context: 1. I sent a DSAR in 2021 by email in which the Defendant company responded. I wasn't satisfied at first with the response and I complained, however I did not take it further after I read the response to my complaint. 2. I sent another DSAR in 2022 by letter to the Defendant in order to view any new data relating to me (its an insurance company, a fraudulent claim was made on my insurance a while back without the outcome and I was checking for any new data) 3. My new SAR letter in 2022 was accompanied by a letter of claim (saying that if they dont provide my data within 30 days i will make a claim) 4. As there was no response I made my claim (with the particulars of claim attached) 5. The Defendant made an application to strike out my Claim several days later. I have attached their application. Basically they're saying that my Claim has no cause of action, and they are incorrectly referring to my DSAR I made in 2021 , they argue that they already provided all the data and there is no statutory breach. However I am not claiming for this, I am claiming for the breach of my DSAR in 2022 because they did not make any response within 30 days (and still no response). My Particulars of Claim: The Defendant has breached their statutory duty under the Data Protection Act Section 45 Subsection (3) for the Claimant's request. The claim amount is being claimed pursuant to Section 168 Subsection (1) of the Act. (S 45 states must provide data within 30 days, and S 168 states compensation for distress) Defendant's Legal representative: Application notice What order are you asking the court to make and why? We X on behalf of the Defendant intend to apply for an order (a draft of which is attached) that: 1. Summary Judgment is entered for the Defendant. 2. The Claimant’s claim is struck out. 3. The Claimant shall pay the Defendant’s costs of this action, summarily assessed in the sum of £960.80, within 14 days of the date of this Order because the Defendant has complied with its statutory duties and the Claimant has no cause of action against the Defendant. WITNESS STATEMENT 1. I make this statement in support of the Defendant's application for summary judgment and/or to strike out the Claimant's claim. 2. I am a partner in X and have conduct of this matter on behalf of the Defendant. 3. The Claimant has presented a claim seeking damages for alleged breach of the Data Protection Act 2018, Section 45 (3), following a subject access request he made in 2021. < Incorrect, my claim is for my latest DSAR in 2022. my letter of claim was sent to them with no response) 4. I exhibit to this statement marked "DMW 1" a series of emails dating from 7 June 2021 to 18 July 2021 between the Claimant and the Defendant's Information Rights Team in relation to the Claimant's subject access request. 5. The Claimant presented a subject access request, to which the Defendant's Information Rights Team responded on 7 June 2021. 6. Section 451) – (3) of the Data Protection Act 2018 provides as follows: (1) A data subject is entitled to obtain from the controller— (a) confirmation as to whether or not personal data concerning him or her is being processed, and (b) where that is the case, access to the personal data and the information set out in subsection (2). (2) That information is— (a) the purposes of and legal basis for the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom the personal data has been disclosed (including recipients or categories of recipients in third countries or international organisations); (d) the period for which it is envisaged that the personal data will be stored or, where that is not possible, the criteria used to determine that period; (e) the existence of the data subject’s rights to request from the controller— (i) rectification of personal data (see section 46), and (ii) erasure of personal data or the restriction of its processing (see section 47); (f) the existence of the data subject’s right to lodge a complaint with the Commissioner and the contact details of the Commissioner; (g) communication of the personal data undergoing processing and of any available information as to its origin. (3) Where a data subject makes a request under subsection (1), the information to which the data subject is entitled must be provided in writing — (a) without undue delay, and (b) in any event, before the end of the applicable time period (as to which see section 54). 7. This claim is presented not on the basis of a failure to provide information, but instead in relation to a dispute as to whether the extent of the information provided complies with Section 45 of the Data Protection Act. The Claimant's claim is premised upon the basis that the data was not provided without undue delay or before the end of the applicable time period, whereas it is clear that the information was provided in June 2021 and, as set out in the Claimant's email of 10:09 of 8 June 2021, exhibited to this statement and marked "DMW 1", whether or not the Claimant is entitled to information in relation to a personal injury claim presented against him. >> Incorrect they are talking about a totally different DSAR which I'm not claiming about) 8. The Claimant's Particulars of Claim, as set out in the Claim Form do not particularise the alleged breach. However, the email chain makes it clear that the Claimant seeks information in relation to a third party's personal injury claim against him. >> Incorrect my new DSAR 2022 asks for all data relating to me 9. The Data Protection Act 2018, Section 3 (2) defines personal data as ‘any information relating to an identified or identifiable living individual’. 10. Data in relation to the third party's personal injury claim does not relate to the Claimant. 11. Whilst the Claimant seeks access to data in relation to the third party's personal injury claim in relation to him, the Defendant maintains that it is not lawful, in accordance with Article 6 of the General Data Protection Regulation, for the Defendant to give to the Claimant information in relation to the third party's personal injury claim. 12. There are 6 lawful bases for processing data set out in Article 6(1) of the General Data Protection Regulation, as set out below: a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; c) processing is necessary for compliance with a legal obligation to which the controller is subject; d) processing is necessary in order to protect the vital interests of the data subject or of another natural person; e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. 13. The Defendant submits that the Claimant's request for data in relation to the third party's personal injury claim does not fulfil any of the requirements of Article 6, as it is neither necessary for the 5 reasons set out in paragraphs (b) – (f), nor has the third party given consent to the processing of his or her personal data for the purpose of providing it to the Claimant. 14. On behalf of the Defendant, I respectfully submit that the Claimant's claim has no merit and invite the Court to strike out the claim or grant summary judgment on behalf of the Defendant. 15. The Claimant seeks damages, on the basis of Section 168 of the Data Protection Act 2018. Section 168 provides that, in accordance with Article 82 of the General Data Protection Regulation, non-material damage includes distress. Article 82 of the General Data Protection Regulation provides that a person who has suffered material or non-material damage as a result of an infringement of the Regulation shall have the right to receive compensation from the controller or process for the damage suffered. 16. The Claimant has not particularised any damage suffered in this matter, nor has he set out any distress. The Defendant avers that the Claimant has not suffered material or non-material damage such as would cause him to be entitled to recover compensation from the Defendant and avers that the claim should be struck out. 17. I respectfully invite the Court to strike out the Claimant's claim and/or award summary judgement in the Defendant's favour, and to order that the costs of and occasioned by this matter should be paid by the Claimant. Schedule of work done on documents 1 Drafting Notice of Change HOURS 0.1 £12.60 2 Drafting Defence HOURS 0.2 £52.20 3 Drafting Application, Order and supporting statement HOURS 0.8 £208.80 4 Drafting Costs Form 1 HOURS 0.2 £52.20 5 Perusal of Order made HOURS 0.1 £26.10 £351.90 COURT FEES £275.00 Others (give brief description) Total £ 846.50 Amount of VAT claimed on solicitors and counsel’s fees £ 114.30 on other expenses Grand Total £ 960.80 My arguments so far: My letter of claim to them was clear and elaborated on the claim fully, they did not engage/co-operate in any pre action communication. had they done so they wouldn't have been able to manoeuvre and say they believe my claim is referring to my old DSAR on the balance of probabilities they are in receipt of my letter of claim, therefore it is unreasonable their implying that they think my claim refers to another DSAR

The Defendant is applying to strike out my claim because they are saying that my particulars of claim do not demonstrate a cause of action. They are incorrectly interpreting my particulars of claim to mean something else. (I believe on purpose to argue that my claim isn't clear) and they are claiming £1000 in costs although my claim is very low in value. They just fired off an application to strike out as soon as they saw my claim without communicating with me. My letter of claim to them was clear and elaborated on the claim fully, however they did not respond to my pre action letters and I assume they are going to argue that they did not see this letter although I have proof of postage... I am intending to argue the following in defending the application to strike out my claim : they have received my letters and therefore it is clear what my claim is relating to they did not communicate before they fired off their application to strike out (they did not respond to my letter of claim which I believe is a breach of the CPR rules, therefore had they complied with the pre action communications they would not be able to manoeuvre in saying they did not understand my particulars of claim) Thank you in advance

Hi, no it is unrelated to my building claim

The defendant has made an application to strike out my claim, they are requesting that my claim is struck out without a hearing. How do I request the Court to make a Hearing so I can dispute their application? They have sent me a copy of the application, do I wait for the Court to set a hearing date? When do I write my witness statement? Thank you

I have a suspected damp/condensation in roof I don't plan to get any surveyor before beginning claim because they don't offer guarantees in finding issues and they would have to open up the roof (incurring costs) so want permission from the Court to get a SJE instead I want a SJE to determine cause of damp/condensation, extent of the damages (I believe roof wood is rotted out), solutions to fix these, and whether or not the builder is to blame (in order to claim from him). What is the procedure to get a SJE expert? 1. I first check the box on the DQ saying "Yes" to "Are you asking for the court’s permission to use the written evidence of an expert?" and "If Yes, state why and give the name of the expert (if known) and the area of expertise and the likely cost if appointed." "Damp surveyors did not offer guarantees to find the cause of damp/condensation and the surveyors would have to open up roof (incurring costs) to look for the cause of the damp, therefore want Single Joint Expert in Damp/Condensation." 2. Make N244 application stating: What order are you asking the Court to make and why? “An order that a single joint expert be appointed to determine (issue 1), (issue 2) etc”. 3. Find a company which claims to do CPR 35 compliant reports for damp/condensation, email them? ... I haven't got any of these companys to respond yet, could I just ask the Court to appoint one? Is there anything else I need to know? Do I need to file a "letter of instruction"? or any special documents I need to file.. I am completely new to appointing/instructing experts and the procedure relating to this. Thank you for any comments

Thanks again BF I am suing for the quote/price to redo the entire roof based on my suspicion that roof is built in a way which prevents air circulation - condensation resulting from this has caused a leakage, cosmetic stains and the entire roof wood is rotten which is evident when the roof is stood on as the roof sinks under my weight. I see it as a gamble either way, either I can get a damp surveyor for £300 which offer no guarantees to find the issue and only provide their speculations. Then I would have to get another damp surveyor and keep gambling. Last time a surveyor gave me an incorrect survey for a different issue, took him to Court and he only said it was a "visual" survey. This means they have legal immunity and no guarantee. I think the worst case scenario if I sue the builder based on my suspicions is that a SJE will be appointed and their findings will say my suspicions are incorrect. I doubt a Judge will strike out my claim because I have only provided my suspicions without backing this with an assessment? If the Judge asks me why I didn't get an assessment, I'll tell him damp surveyors offer no guarantee to find issue for £300. It is so stressful for me to choose between the two approaches on bringing the claim, but I think the worst option is to go with surveyors which offer no guarantees.

I called their number several times but their line keeps hanging up. i email currys technical email saying i couldnt get through and asked for the arrangements for pickup currys emails me and asks me to try and call again i email currys repeating myself saying line hangs up, ask for arrangements to be sent in their next reply currys emails me again with the same email i email currys putting them on notice that i have given them multiple chances to tell me the arrangements, and that i will get independent assessment for tv in 7 days if they dont provide arrangements. currys sends the same email Got a quote for £120 by another tv expert to pickup and give assessment Should I go ahead? What should I do if Currys say I dont have a receipt to prove I purchased TV from them? Because my bank statement doesnt say it is for TV