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    • Thank you for the reply.No, he still lives there.   
    • What I would love to know is whether anyone has gone the small claims route for infringement (failing to supply all the data)...I'm going to start a fresh thread asking this now.... By the way, my former employer asked for a £900 fee to find all emails with my name included in them. I have had a rather tumultuous 11 months since then but am now back on this so will report them to the ICO tomorrow. 
    • might have been the same address althrough the mortgage but has he moved since?   if not doesn't need ctax copy.    
    • Also, I use 'Live chat' with the ICO and it's really helpful. They advise that it can take up to three months for them to investigate...but it is hugely beneficial to go to court with that judgement behind you! Best to be safe than sorry!   I had this helpful post from mrabody on my other thread regarding quantifying compensation: Take a look at Halliday v Creation Consumer Finance Limited. The claimant was awarded £750 for distress for what the court held to be a minor breach.    https://www.hempsons.co.uk/news-articles/damages-distress-awarded-breach-data-protection-act/   In your case I would suggest the breach is considerably more serious as HSBC has lost your data.   They think it may have been destroyed but they have no proof. The fact is they have no clue as to where it is or who has it.   So in addition to the potential loss of your PPI refund I think the distress component is considerably higher than in Halliday. How much higher I cannot say - but you need to start canvassing the case law on damages for distress.   
    • Hi King 12345,   I'm running a similar thread (but haven't used the word punish...but I guess I should have, Lol)   I've been doing a lot of research on this and I will post two items that you may find of help. I believe they have 'infringed', rather than 'breached':   Link here, text below: https://gdpr.algolia.com/gdpr-article-82 Art. 82 GDPR Right to compensation and liability Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
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Old-CodJA

What happens when you get to court - by Old-CodJA

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I'll try to be brief then:

 

You say that your case has already been adjourned to trial today and that you will not be legally represented by a lawyer

 

Assuming you have been given a hearing time of 10 a.m. you should be there before 09.45 at the very latest

 

When you are called into Court you will be asked to take an oath , or affirm to tell the truth and confirm your name and address. Then you will be asked to re-confirm your plea. If you have changed your mind about your plea, that is the time to tell the Court

 

Next, the prosecutor will call the rail company's first witness, usually the inspector that reported you and the prosecutor will ask that witness to tell the Court what happened, how your alleged offence was detected and expand on the statement s/he has given by explaining things in more detail as required.

 

When the prosecutor has finished, you will have an opportunity to cross-examine (question) that witness to draw out any inconsistencies in his/her story.

 

After you have finished the prosecutor gets a further chance to re-examine the witness.

 

That process is repeated with each of the prosecution witnesess. In my experience that is unlikely to be more than 2, but more are possible. At any time during all of this procedure, the Magistrates, or their Legal Advisor may interrupt proceedings with questions of their own. The prosecutor will summarise the case against you and may remind the Magistrates of the legislation under which the charge has been laid.

 

Once all the prosecution witnesses have been heard and finished with, it will be your turn to either call any witnesses you have, or go into the witness box yourself and to give your version of events on oath.

 

If you choose not to go into the witness box so as to avoid being questioned by the prosecutor, the Magistrates will be entitled to draw any conclusion they wish from your silence on the matter.

 

The process of questioning the defence witnesses is conduted exactly as the prosecutor's procedure, but if you are not professionally represented, you will lead the questioning of each witness. The Court Legal Advisor will guide you through the process but cannot conduct the case for you

 

When you have finished with your witnesses or, have finished telling your side of the story the prosecutor will be entitled to question you and again, at any time during the process you can expect to be questioned by the Magistrates or their Legal Advisor.

 

Once all this is done the Magistrates will usually rise to consider their verdict and may be out of Court for some time. Once they are all agreed they will come back into Court and tell you their decision and explain why they have arrived at that decision.

 

It is impossible to predict accurately how long this will take. If your case starts on time (which it may not) and there is only one witness for the prosecution, I expect it will take around 45 minutes to an hour. As a very rough guide, you can add 15 -20 minutes for each additional witness.

 

Hope that helps.

 

.

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This post has been made a sticky in order to help others who might be facing the daunting visit to a court room :)


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This is a trial scenario, if just attending to plead guilty the process is much shorter/quicker.

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Yes, the original query was about the trial procedure.

 

If you are attending Court on a Summons for the very first hearing this will proceed as follows:

 

If you wish to plead 'guilty' you may either attend Court and respond personally, or do so by post and can send any written explanation to go with your signed plea form and statement of means (earnings and expenditure)

 

If you are attending (always a good idea) You should still arrive in good time before the scheduled time on the Summons.

 

When you are called into Court you will be asked to state your full name, date of birth and address.

 

The Legal Advisor will then read the charge to you as written on the Summons and ask whether you plead guilty or not guilty.

 

If you plead not guilty the case will be adjourned for trial and the process explained earlier will apply.

 

If you plead guilty, the prosecutor will then give the details of the offence and a summary of what happend from the inspectors report. S/he may read the whole statement if necessary.

 

Then you will be asked if you have anything further to say. If you accept that you are guilty of the offence and don't deny anything about it, then it is a good idea to apologise to the Court and the rail company.

 

The Magistrates will consider their verdict and you will be told their decision. They may go out of Court for a few minutes, but in many cases where a guilty plea is entered, they will make their decision without leaving the bench.

 

If a financial penalty is imposed, it is due to the Court there and then and if you cannot make payment immediately you will need to ask for time to pay. Do make a sensible and affordable offer. Very low and what might be termed derisory offers are sometimes made and this tends to lose any sympathy the Magistrates might have had.

 

If you have pleaded guilty by letter, the Court will write to you very soon adfter the hearing to tell you how much you must pay and that is due straight away. If you cannot pay, you must contact the Court to make arrangments to clear the sum due.

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All posts made by ros123 and any responses have either been unapproved or moved to a thread dedicated to ros123's problem. Sorry for anyone who got cagbotted.

 

Link to ros123 thread is .. http://www.consumeractiongroup.co.uk/forum/showthread.php?321198-ros123-query-for-Old-CoDja-please


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2822 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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