Lloyds claim - **WON _ Amazing win based on UTCCR's**

[citizenB]

orfoster, JIC you are not receiving my responses to your messages.. I am indeed receiving yours.. I will send S.O.S to the techsperts

[orfoster]

Thanks, I haven't received any messages from you, or anyone else in my inbox for a long time (years).

Cheers

[citizenB]

Hmm, well I received 2 from you, but you have not received my responses. I don't think it can be because your box needs dusting else I would have received a message to say it "couldn't" be sent because it was full. So I don't know what the problem is. Anyway, the techies will have a look at it for you

[citizenB]

Looks good to me.

 

I will ask andyorch to advise on your "plan", although I personally see nothing wrong in this

 

andyorch has confirmed there is nothing wrong with your plan

[orfoster]

Thanks. Letter sent, let's see how they play it. At the end of the day they're gonna have some explaining to do in court if they don't settle. Will keep you updated.

[citizenB]

Orforster, I have responded to test pm - hope you have received it

[orfoster]

Nope

I'll try turning it off and back on again.

[citizenB]

Righto.. I have responded. If it doesn't work this time, I will send another S.O.S. to webby for you

[orfoster]

Nope no message.....Thanks CitizenB

[orfoster]

Hello,

 

Well SCM have not responded and are basically delaying "due to leave of caseworker" etc.

 

I'm going to have to make the application now to amend the claim and proceed, although the hearing is set for 29 January.

 

In the application (N244) I am putting the request and reason as ;

 

That the Claimant be allowed to serve upon the Court and the Defendant an amended Statement of Case and that the Defendant be allowed to submit an amended Defence.

 

The Defendant confirms that he has no objection to this amendment and has already been served with the draft amended statement of case.

 

This request is made to due further relevant matters that should be included and expanded upon within the claim, these issues have recently come to light.

 

I haven't proposed to enclose a draft order (should I?)

 

I am expanding with the evidence box and putting;

 

The Information Commissioner has provided its clarification that the Defendant is unlikely to have complied with the principles of the Data Protection Act 1998, by the way in which he has processed the Claimants information by registering a "default" marker on the Claimants credit file.

 

The Claimant therefore seeks in accordance with the Data Protection Act 1998.

1. Compensation in accordance with s13 of the act.

2. An order in accordance with s14 of the act.

 

I would then supply the amended POC's with the required highlighted bits in accordance with the CPR.

 

Is this ok? Should I be drafting an order or expanding further?

 

It is still possible a settlement may occur when the caseworker returns from leave on 5 Dec but I'm not delaying this any longer.

 

Cheers

[AndyOrch]

I would attach a Draft Order orfoster

 

Regards

 

Andy

[orfoster]

Ok. Does anything else need to be included? I imagine the hearing will need to be rescheduled as well but do I put this in the application?

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) the amended Particulars of Claim.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve upon the Claimant and to the Court;

a) the amended Defence.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[AndyOrch]

Costs

[orfoster]

Costs?

Do you mean that each side meets their own costs?

I have thought about amending the total claim to include DPA damages as decided by the court. Would a fee be paid less what I've already paid for issuing the claim or is it all to be paid again? When I called the court they just said its £45 to make the application.

[AndyOrch]

No request costs at the end of your draft .....costs in applications are separate to costs in the case

[orfoster]

No request costs at the end of your draft .....costs in applications are separate to costs in the case

Really sorry andyroch I am feeling a bit dim. I should request that the Defendant meets costs of the application? Sorry, could you explain? Cheers

[AndyOrch]

Really sorry andyroch I am feeling a bit dim. I should request that the Defendant meets costs of the application? Sorry, could you explain? Cheers

 

 

Yes your costs in the application

[orfoster]

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) the amended Particulars of Claim.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve upon the Claimant and to the Court;

a) the amended Defence.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

3. The Claimant requests costs in the submission of this application.

 

Is that all it needs?

[AndyOrch]

[orfoster]

Hello,

Do you think I should now leave the damages up to the court in relation to the DPA breach?

If so what fee may be involved?

[orfoster]

Have just today seen that Lloyds have changed the date the default was applied to my credit report.

 

From December 2010 to September 2009,

 

they've not written to me to confirm this at all they've just done it, this is following the ICO complaint outcome.

 

Should I still submit amended POC's?

 

I assume the damage had already occurred as I have evidence of the first and now evidence of the change.

 

I guess I remove the s14 DPA request for an order to put it right and just claim for inaccurate information?

[AndyOrch]

If you could point me to your final particulars of claim that you submitted...need to check the detail orfoster

[orfoster]

Hi Andy,

Here are my initial POC's that went in...these aren't the proposed amended ones.

Thanks for looking.

 

[ATTACH=CONFIG]47991[/ATTACH]

[AndyOrch]

Yes I would request damages the court deems fit.

[orfoster]

Thanks. And leave everything else as it is. Just expand upon the rest?

Grand. Thank you. I'll get application in on Wednesday.