Hi everyone, I just wanted to say thank you for all your support in this matter. This has now been resolved. Unfortunately, I cannot comment on the outcome due to a confidentiality agreement clause that I had little choice but to agree too. I really appreciate the help that this group and the individuals within it offer. Thank you

Does anyone have a link to the correct CPR i need for small claims track please? I want to print this off and take a copy for the judge just in case as well.

Court bundle is due for submission by Monday at the latest. With the help of BF i have done a skeleton argument and incorporated this into my witness statement. I have kept my witness statement really simple and easy to read for the judge. It is only 4 pages long and only refers to a handful of documents. Looking for advice on (1) when do i submit the skeleton argument to the judge/defence if at all, or do i just produce this to read out to the judge on the day (2) do i need to sent a bundle with ALL my documents, even the ones i am not relying on or referring too?

Hi caggers, I've received a letter from Lloyds solicitors today stating that their client wishes to fully resolve the Court claim against it, in order to conclude this ongoing matter. I am at the stage where i am preparing my witness statement and about to pay for the hearing fee, although i haven't done this yet. They have offered a further sum of £100 in full and final settlement of the claim against them. My original POC is for £225 so this is £125 less than my claim is for. They state that they previously paid me £125 compensation, during my complaint to them, and therefore the amounts added together, makeup the total amount of my claim. However, i am not prepared to accept anything less than what was stated on my POC. Should i write back to their solicitors, setting out how much i would be prepared to accept in full and final settlement, or just be savvy and tell them no and to come back to me with a better offer? Also, they have stipulated 5 conditions in their offer. One of which is that each party beat their own costs and the other is a confidentiality agreement. I am not happy with either of those clauses, so again should i go back to them to say they have to pay the POC fee and i won't be agreeing to any confidentiality agreement, if i do accept any offer from them? Any advice from caggers please? BF I know you are away for a few weeks, but if you read my post update, i would really appreciate some advice please.

BF, i have been away with work for a few weeks and been busy selling my house, with some problems. Are you available to support me with the wording of my Witness Statement please? Court date is only a few weeks away.

So, I had full SAR disclosure from HSBC. Unusually, they responded to my complaint within 3 days, instead of the usual 8 weeks (as per FCA guidelines). HSBC were very keen to resolve the issue at first point of contact. They offered £250 in compensation, which I have now accepted. I have still submitted a complaint to the ICO, more to make them aware of the non-compliance by HSBC. Admin/Mods this thread can now be closed.

So HSBC have now sent me the full data disclosure as a result of the LBA. I have still made a complaint to the ICO, asking them to make a statutory assessment as to whether or not HSBC has complied with it’s legal obligations under the General Data Protection Regulation. I am also awaiting the results of their internal complaint process.

Hi Jon, Would you mind posting or sharing what you put down on your particulars of claim please? I have just sent an LBA to HSBC UK for non-compliance of a DSAR (under GDPR).

HSBC UK have not complied with my Data Subject Access Request (SAR), submitted under the new General Data Protection Regulation (GDPR). The DSAR was requested on 16/06/2018 and should have been disclosed by 17/07/2018. 16/06/2018 - Request sent to HSBC UK for DSAR under new GDPR 18/06/2018 - Acknowledgement email received from HSBC UK Customer Care Team 22/06/2018 - Acknowledgement letter received from HSBC UK Data Protection Office 17/07/2018 - Data not received, so contacted HSBC UK who stated that they were not aware of this request and have not even started to gather data for the disclosure 17/07/2018 - Internal complaint made to HSBC UK Customer Complaints Team 18/07/2018 - Complaint made to Data Protection Office and Letter Before Action sent to HSBC UK. Telephoned Data Protection Office and confirmed that they have received both email and LBA. When asked for timescales in relation to compliance for my DSAR, a team manager has advised they don't know and cannot give any timescales. I have made them aware I will be reporting the non-compliance to the ICO, but they didn't seem at all bothered. 18/07/2018 - Information Compliant Handling Form submitted to ICO 18/07/2018 - Complaint acknowledgement received from ICO Next steps: Now waiting for the Data Protection Office to make contact with me to progress DSAR and also waiting for HSBC UK complaints team to pick up the complaint. No doubt this will be towards the end of the 8 FCA timescales! Also, waiting to see if HSBC UK will comply within the 5 working days afforded to them in my LBA. I very much doubt they will, due to the large amount of data they will need to gather, redact and securely send on to me. Will potentially need to look at submission of a POC for a County Court claim if not. Submitting a GDPR POC is unchartered territory for me, so if it comes to that point, could really do with some help. Hints/Tips: Some may already be aware of this, but I was not. None of the calls received at the HSBC UK Data Protection Office are recorded. So when I asked for copies of all recordings to their department, they advised me of the above. Also, HSBC UK Data Protection Office don't advertise or easily give up there email address. So if you do need to email that team, you can do so here [email protected]. It definitely works, as I have emailed them my LBA and complaint letter and they have received it the next day.

i received my Notice of Allocation to the Small Claims Track (Hearing) letter today. I am required to pay a £25 Court hearing fee by 17/09/2018. My claim hearing is on 15/10/2018. On the Court document I noticed a strange sentence in bold: "The Defendant has permission for their witness to give evidence by video link. The Defendant shall notify the Court at least 14 days before the hearing as to whether their witness will appear by video and if so they shall make arrangements for the same". I decided to contact the Court to inquire what this meant. They advised that they have received a request for the Defendant (i.e. their solicitor) to give evidence via video link. I am amazed that they can't even be bothered to come to Court to give evidence in person. I am not sure if the judge will take a negative view of this. I have already typed up my witness statement and referenced all of my exhibits, as part of my Court bundle. However, having received some advice from a learned friend, I am going to re-write it, as it is too long and needs to be more succinct and punchy.

Yeah costs for disbursements like posting Court documents, print ink, time spent researching and then filling in the POC and other Court required documents?

Thanks Andy, from reading CPR 27.14 i can see i can claim costs back in order to bring my claim to Court, but still not sure about any other type of costs?

Can anyone please clarify if I am entitled to claim Costs and Disbursements back, as a Litigant in Person (the case has been allocated to the Small Claims track)? I understand that a Litigant in Person is entitled to claim £9.25 p/h, but the threads i have read on the site differ between what you can, and what you can't claim. On my POC, I have claimed for damages to the cost of £200, mainly because this amount was what i saw on another CAGERS POC, but also because i wanted all my costs awarded. Lloyds Defence is mainly around quantum, as they admit they did not comply and therefore have breached the DPA. I need to show as much costs/disbursements as possible, so that i can justify the £200 damages to the Court. Particularly as they have put me to strict proof. I have written up a Schedule of Costs and Disbursements and wander if I can claim these and if so, would they be considered as reasonable costs? Again, the Schedule of Costs and Disbursements are from another CAGER. Claimant Schedule of Costs and Disbursements.doc

Brilliant thanks dx

Does anyone have a witness statement template please? Now that the hearing has been transferred to my local County Court and the judge is reviewing my claim, I want to start looking at my witness statement and what i am going to say.

Earlier in March, I submitted a statutory request to the Information Commissioner’s Office (ICO), asking them to determine whether or not Lloyds Bank had complied with its statutory obligations, under the Data Protection Act 1998. Yesterday, I received a final response from the Case Officer at the Information Commissioner’s Office (ICO). The Case Officer’s view was that Lloyds had not complied with its statutory obligations, under the Data Protection Act 1998. In the Information Commissioner’s Office (ICO) final response, the Case Officer concluded by advising Lloyds has been directed to make contact with me as soon as soon as possible, in order to conclude the matter. Their final closing remark being “I hope that they will take this seriously in view of my assessment which has rejected Lloyds Bank’s claims”. Let's see if Lloyds actually make contact with me. I have been waiting for full disclosure since early April 2018.

BF/Andy/DX, in preparation for my Court bundle, can you signpost to any good threads that have a list/templates please? Other than all my evidence and paperwork, I have no idea what else needs to be included. I would like to start typing this up ready for service on the Court and Defence. Although, it will be served last minute of course.

I have now received the Notice of Allocation to my local Court. Next step will be directions.

It has gone a bit quiet for a few weeks, so just checked my MCOL and it now shows that my case has now been transferred to MY local Court. Once it's transferred to a local Court, does this mean I can no longer use MCOL and have to send/receive all correspondence from my local Court? I guess I will now wait for the Notice of Allocation and Directions from the Court. My Court Bundle and Index is all done and ready to be served. Just need to add a covering letter, check to see what the Court directs, and check in with you guys.

Still waiting for the Notice of Allocation and Hearing Date from the Court. Hopefully it will be allocated to my local Court. Does anyone know if the hearing fee is still £25, as my claim is for under £300? Also, does anyone have any templates or a list of required documents, so I can start prepping my Court Bundles please? The Information Commissioner (ICO) wrote to me back in early April, advising that they had written to Lloyds Banking Group (LBG), directing them to properly comply with my SAR. LBG had until yesterday to respond to me, but as of today have failed to do so. I have still not had proper disclosure from them despite the direction from the ICO, and despite having sent them a follow up letter on 4 April 2018. I have now written to the ICO and updated them on this. The LBG Complaint Manager has now responded to my complaint and has upheld it stating that they did provide me with incorrect information in relation to the SAR deadline dates, and that the level of service i have received was below the level they would expect. They have not mentioned in there letter that they admit to failure to comply with the 40 day SLA, afforded to SARs. They have awarded me £100 compensation for upset and trouble, and £25 for the cost of any phone calls made to them.

Did you know Lloyds Banking Group (LBG) has a Fraud & Frequent Complainers Team? If you make one too many complaints to LBG, they will refer any and all future complaints to this team to complaint manage! I have recently had cause to complain to LBG about a number of issues (e.g. not putting service first and not being treated as a customer fairly). Having contacted LBG to find out about the progress of my complaint, I was informed by one of their Customer Service Advisors (CSAs) that my complaint was taking longer than normal, to be allocated to a complaint manager. When I enquired as to why it was taking longer than normal, the CSA advised me it was because my complaint had been reallocated to one of their specialist teams. I asked for some clarity around what that meant and also what specialist team, they were referring too. The CSA then advised me that my complaint had been passed to the PCA Fraud & Frequent Complainers Team. I have seen internal documentation, which shows LBG refer to this team as the “F&F Team”. So for clarity, if you make several complaints to LBG, at some stage they will stop dealing with your complaint as a normal everyday customer, and start allocating your complaints to one of a small team of Case Complaint Managers, within this “F&F Team. To give you some sort of indication on the possible trigger point for this “specialist team” I have probably put in about 9 complaints over a 20 year banking history with them, so I assume the referral threshold for allocation, to the “F&F Team”, isn’t that high! As a result of this experience, my impression is that LBG must have an automatic flag marker system in place. I would be really interested to know what their policy is on this and whether the processing of this data is manual or automatic. On a separate note, one of the Data Subject Access Team’s CSAs, has recently advised me that LBG customers can now submit SARs online. This is done via an Online DSAR Form. https://apply.lloydsbank.co.uk/personal/a/gforms?formId=F010&prodType=GN PROs You do not have to pay the £10 statutory fee, it’s free! I have used this new service twice and it is much quicker in comparison to the conventional route of submission (i.e. recorded delivery directly to the DSAR Team or via your local branch in person). CONs Once you complete the Online DSAR Form, it moves to the next screen and tells you that you have successfully submitted the Form. However, it doesn’t give you a URN to prove this, and it doesn’t send you a copy of the Form to your email address. You then literally have to wait for the DSAR Team at LBG to write to you and acknowledge receipt of your DSAR. I am not saying this is the best thing since slice bread, but certainly another option for us consumers! They don’t advertise this new SAR submission route, and even there CSAs aren’t aware of it.

For Packaged Bank Account (PBA) Complaints: [email protected] For Customer Services (Complaints): [email protected] For Customer Services (Complaints): [email protected]

It's only going to be about a 2 hour journey for their Solicitor, so shouldn't be a problem. I will not be intimidated by LBGs scaremongering tactics! LBG have had plenty of opportunity, via pre-action conduct, and post POC submission, to enter into mediation and provide resolution to this matter! I have my own tactics!

I received the DQ from LBG solicitors today. They have asked for mediation on the DQ form and want the hearing at their local Court, as that's where there solicitor is based. I am very surprised that they have indicated they want to go through the Small Claims Mediation Service, as they have not been willing to enter into any resolution, prior to the submission of my claim. I have not agreed to mediation when i submitted my DQ, as I have already tried to resolve this matter, before I even submitted my POC. I have several letters, emails and phone calls to prove my pre-action conduct (pursuant to Rule 1.4 Civil Procedures Rule). The emails/letters were clearly marked Open Correspondence with a paragraph on each document, highlighting that i was attempting to discuss out of court resolution. The 8 week FCA timescale for my internal LBG complaint is due on Friday. I haven't heard anything from them for 4 weeks, so I contacted the complaint manager, who stated that they were not going to be in a position to respond to the complaint within the 8 week FCA timescale, as they were waiting for the Court case. I advised them that they have had plenty of time to provide a complaint resolution and that the Court case and my internal complaint were two separate matters. I guess it will be another complaint about LBG to the FoS then.

BF it is!!