Abbey dpa allocation questionairre

[Sutcliff2005]

I am in the process of taking abbey to court over the dpa non compliance. i have just recieved a copy of their allocation questionairre to be sent to the court.

They are not agreeing that the small claims court is the most suitable track because:

complexity of case

likelihood expert evidence will be needed

length of trial

 

they are also calling on an expert witness from the ico relating to the dpa and want to use their report for the case.

 

What next? i am starting to get a bit scared that they will take this all the way and i will loose! if i do loose do i have to pay their legal costs and court costs?

[bengal66uk]

how on earth could abbey use ico experts as witnesses? unless the ico has succumbed to them which i very much doubt

[MARTIN3030]

I think they may be referring to the ICOs recent visit to their offices to inspect their data storeage systems.

 

Will come back to you on this one,as there will be a need for clarification not only in your case but for others too.

[Sutcliff2005]

they are referring to that, but i have not had any word back for the ico about the outcome of their inspection. so whether abbey have been told i dont know! maybe they are just living in hope that the ruling will go in their favour!

[Glenn UK]

Two things,

 

If your claim started in the SCC and it is transferred to a higher court then you need to make an application to the courts for a 'no costs order'. That probably isn't the right term but I believe that one of the claims to the mercantile court has been transferred on the basis of no costs against the claimant.

 

Secondly the ICO haven't formalised their decision yet, or at least as of yesterday afternoon and they were awaiting further information as part of their investigations.

 

Abbey don't know what the outcome is yet, neither do we.

 

SO its just as likely that any expert from the ICO would be useful to the claimant as to the defendant.

 

HTH

 

 

Glenn

[Glenn UK]

So they must have the report then - why havent they given it to us yet ?

 

Karne

 

they dont or at least they didnt have it yesterday, the ICO was waiting on some further info from them.

 

GLenn