Ive won *£6494.93* Ive won (LIP v Abbey)

[lostinparadise]

DLA (nor you) can produce anything in court that is "without prejudice" so don't worry about that.

 

Odd

 

Hi Odd Thanks.

What i meant was the letter in post 22 was written without putting "Without Prejudice" at the top.

Ill put the letter and pack together on the weekend.

Lets see what happens.....

LIP

[lostinparadise]

Data Protection Act Non Compliance Claim

 

I tend to agree with Karne. See RobertTX's take on the WP issue too.

 

I feel that the issue is now not whether the claim is that Abbey's system is "relevant" or not. Your claim was for data that has now been supplied. Therefore the claim ought to revert to one of costs only.

 

You might like to consider a letter to DLA that's NOT WP (professional opinions on this please!). The letter might state that you are unhappy as you feel that a large legal operation is pressuring a lay individual into submission via threatening language and that you are happy to let a court decide the outcome of the action.

 

Hi ODD, i like that idea....was thinking of closing this Data Protection Act Non Compliance claim today as im extremely sickingly busy and thought is it worth it for £30. But you know what....in for a penny , in for a pound....im gonna keep at it. I guess if i were to stop it now id let the site down.

 

Are you a lawyer? Can a lay person be expected to know what 'without prejudice' means? I don't think so. The worst that will happen is that the judge disregards it.

 

:D

 

Did anyone think there was anything in my letter of post 222 that DLA could use against me? I sent it without putting "without Prejudice"at the top.

 

They said they have noted it.

 

LIP

[lostinparadise]

Amended Financial Claim

So on Wednesday i will be going to the hearing for the amended claim even though shABBEY have said they agree and will not attend.

shABBEY have sent a letter to the court to let them know this too, but i still need an order from the judge.

WHAT SHOULD I TAKE WITH ME?

WHAT SHOULD I TAKE IN CASE THE JUDGE DECIDES TO MAKE A DECISION ON THE ALLOCATION TRACK THERE AND THEN?

Hope someone can help.

LIP:o

[Robertxc]

Just take copies of all the letters you've sent, plus all the documents you submitted to the court. Nothing substantive is going to happen, or Abbey would be attending.

[lostinparadise]

OK thanks RobertXC.

Ill make a couple of copies too.

LIP

[Beaker_smiles]

I wouldn't worry about your letter not having "without prejudice" at the top LIP, it just shows that you are being open and shABBEY have something to hide. That should work in your favour surely.

[lostinparadise]

Amended Financial Claim

So im on my way to my 15 minute hearing about the amended claim.

I just photocopied all letters and info relevant to this. Im not taking everything.

Im a bit scared but hey ho

LIP

[Odd Fellow]

All my fingers are crossed for you - makes typing hell, btw.

 

Keep us posted.

[lostinparadise]

All my fingers are crossed for you - makes typing hell, btw.

 

Keep us posted.

 

LOL Odd.

 

Amended Financial Claim

OMFG:o :o :o

Ive just been into my hearing for my amended claim.

It was like a mini-courtroom (Mini Judge Judy room). It wasnt informal at all. The judge sat high up and a court secretary/usher (or whatever) took notes. Other Solicitors and claimants that were due to have their hearings were all in the room sitting just behind me in a row.

I WANTED TO CRY!!!! It was very intimidating and i hadnt had a chance to have a familiarisation visit.

So i sat there like a PLUM. Gobsmacked!!

The judge read out what i was there for and said he had received a letter from Abbey saying they would not be attending.

(I nodded and whispered yes).

He then went on to say that he is allocating the case to the fast track as i have requested Standard disclosure and the sum is over £5000.

(I sat there there and said nothing)

He then said he would be sending me something, i really cant remember what and called the next case up.

OMFG OMFG

I SAID ABSOLUTELY NOTHING

I am very upset and am sitting in a library using their PC and just want to cry....

Ill let you know what hes sending when i receive it. I just lost the plot and was totally intimidated. There were NO SMILES in there i can tell ya.

I wasnt sure when i could speak and before i knew it i had lost the opportunity.

(I guess all i wanted to say was that i wanted the case to remain in the small claims track and explain why).

So now this has been allocated to the fast track i am open to costs.

 

On my allocation questionnaire i wrote in the other information section:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the defendent in respect of its customers contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and i am suprised the defendent did not counter claim for these, because i would have paid them without argument.

However, the continuing problem is (in common with 100's of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty- charging regime. As the banks have a ficuciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, i would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

My case was at 2.00pm and we were called in at 2.20pm. Maybe that is why is was rushed.

Im annoyed at myself.

Does anyone have any comments? (you idiot etc...feel free).

LIP:oops:

[lesser1010]

i'm really sorry you had to go through that on your own,don't get down about it though,get angry.angry with the ****** bank that's ***** you barefaced for all this time.most important,get your own back,keep going,we're all with you,perhaps a buddy would help you.lolxx

 

 

 

Please dont use these words !!

[lostinparadise]

Thanks Lesser.....im off to stuff my face with food (Chocolate) The guys in the chatroom did a fine job of cheering me up...Thanks "A Better Idea", "Smoorach", "Karn" and "Morgan".

LIP:rolleyes: The saga continues

[Robertxc]

Don't worry about it. Fast track is much worse for them than you, because they have to do full disclosure. Wait until you get the stuff from the court and we'll all help you with your next move.

[caro]

Keep your chin up. I am sure that Abbey will not be happy with the outcome, so perhaps it will encourage them to pay up sooner rather than later. As Robert said we will all help you if you need it. At least if you had to go again you would have some idea what to expect.

 

B****r the chocolate, a good stiff drink will soon make things look rosier!

[lostinparadise]

Hi All

Thanks for all the messages.

Well i went to a pub after the library and had a rum and coke. Looked at the food menu then asked the barmaid "how big are your nibbles".

That was it, i was in hysterics for a good 15 minutes..belly laugh. Just what the doctor ordered.

Really thank you guys for your great messages of support.

From this experience today, (and i dont mean to be negative) but ive decided not to pursue the DPA Claim to reclaim the court costs. im not putting myself through that for £30. I want to focus all my energy on getting my main financial claim over with....

Im hoping that now this claim is in the fast track i can somehow slip £30 in as a cost in some way.

Lets wait and see what the judge actually said when i receive his order...lol.

Thanks again

LIP

[Odd Fellow]

Lip,

 

Shame you've decided to back down on the DPA claim. I fully respect the reasons and, naturally, it's your call. Be happy in the knowlegde that Abbey's defence has already cost considerably more than your £30.00 court fee. However, I really would hold off the final decision as long as you can to see what the ICO reports.

 

I haven't really been following your claim from the beginning and wasn't entirely aware that the claim was over £5k. I guess you ought to have figured that Fast Track was a possibility (or even) anyway, but the formalness of the court would throw many of us.

 

Believe me, Fast Track will put the wind up DLA/Abbey. It really has nowhere to hide now. I recall Seminole's £10k settlement offer came through quite quickly after his allocation hearing.

 

Don't worry - be happy.

[lostinparadise]

Hi All

 

Data Protection Act Non Compliance Claim

 

Letter from DLA

 

Yourself Vs grABBEY National

 

We refer to our letter of XXXXXXX.

 

Please confirm whether you are prepared to agree to settle the proceedings, on the basis of you withdrawing your claim, and there being no order as to costs.

 

If you are prepared to proceed on this basis, then please confirm that you have notified the court accordingly and have asked them to list the matter for a case management conference.

 

Yours Faithfully

 

DLA

 

Now i dont know why, but this has wound me up. I feel like im being bullied.

 

The standard order for stay for settlement with consent of all parties says

 

On or before 19th Sept one of the following steps must be taken:

Either

The claimant must notify the court that the whole of the claim has been settled

Or

The claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm agreement of all the other parties.

Or

All the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

I know i said i wasnt going to pursue this but have i left it too late anyway to change my mind?

LIP

[lostinparadise]

...oh one more thing how would i ask the court to join the too claims...could I?

LIP (Feeling all positive again!!)

[Glenn UK]

LIP

 

Not sure i know about amalgamating claims, are you asking if you can join the DPA claim and your charges claim?

 

IF so it may be possible to amend your claim for the fee, but im not sure.

 

THe main purpose of writng was to suggest if you have to go to court again, why not see if theres a buddy close by can go with?

 

Glenn

[lostinparadise]

 

Not sure i know about amalgamating claims, are you asking if you can join the Data Protection Act claim and your charges claim?

Glenn

 

Thanks Glen. Yes i am, and im also asking if its too late t continue with it?

 

THe main purpose of writng was to suggest if you have to go to court again, why not see if theres a buddy close by can go with?Glenn

 

I really didnt think i needed a Buddy at this stage. It seemed quite straight forward to me.... Abbey were not turning up and had agreed to the change i made.

 

But if i can give anyone any advice it would be to visit the court first if youre feeling anxious. You have enough to worry about with presenting the case, without being thrown by suprises.

 

Also to sit in on others cases to get a feel for how to respond to the judge. My case was the first up so i couldnt learn by example there and then!!

i think it would help. I imagined that i would be sitting round a T shaped table the judge at one end and claimant and defendent either side of the long bit. i think its because i read this somewhere in one of the threads, so it threw me when it wasnt like that and so formal.

 

LIP

[Glenn UK]

LIP

 

Well i would have thought a phoen call to the court to see if you can amend your claim and add the DPA element to it wouldt give you a clue.

 

Re attneidng court, I have been fortunate in attending court for work many times in the past, but still think it would be different under these circumstances, but it can only help.

 

Anywya dont underestuimate the support you could still get if somoene you know and trust sits next to you in court.

 

Glenn

[lostinparadise]

LIP

 

Well i would have thought a phone call to the court to see if you can amend your claim and add the Data Protection Act element to it wouldt give you a clue.

 

Re attneidng court, I have been fortunate in attending court for work many times in the past, but still think it would be different under these circumstances, but it can only help.

 

Anywya dont underestuimate the support you could still get if somoene you know and trust sits next to you in court.

 

Glenn

 

Hi Glen

 

I agree with you totally. I felt like crap afterwards and had noone to lean on for support....found a library logged into the CAG chatroom and had instant support there. It would have been great if id had gone with someone...i did need it. but you live and you learn.

 

i only thought about joining the claims this eve....so i was gonna give the court a bell tomorrow. i hope it doesnt mean another hearing to agree the amendment. If so ill definitey let it gooooooooooooooooooooooooooooo. dont want to jeapodise my financial claim when it seems that i may have grabbed grABBEY's attention with Fast Track and standard disclosure.

 

Their letter today just made me think that they are such arrogant bullies.

 

 

ill let you know what they say.

 

Thanks

 

LIP:grin:

[Glenn UK]

We should start a fast track thread for all of us bound for that route.

 

I feel left out with a mercantile thread and not a fast track one.

 

LOL knowing my luck the judge will say 'this claim isnt suitable for fast track, here cop a multi track allocation!!!'

 

Glenn

 

PS then it'll be me crapping it and wanting someone to hold my hand

[lostinparadise]

Morning all,

 

So ive just rang the court and this is what im going to do:

 

Data Protection Act Non Compliance claim

 

I have to write in and let the court know what im going to do with this case. Ill be writing a letter to say that i will be continuing for costs. (DLA's letter yesturday made me change my mind...i wont be bullied)

 

Data Protection Act Non Compliance and Financial Claim

 

As the claim for Data Protection Act Non Compliance is now one of just costs (they provided all the necessary information) i am gonna write into the judge to ask if the 2 claims can be consoilidated and see what he says.

 

Any ideas of how to word this would be a great help!!

 

A few days of reflection have put me back on track....and in fighting spirit.

 

Lets hope he doesnt ask for a hearing to decide on that. Why should i be scared of a system that has been set up to let a normal individual (Semi normal lol)like me take on the big boys?

 

I will NOT be bullied into submission!!

 

 

Thanks

 

LIP

[caro]

Good to see you have bounced back and ready to take them on.

 

How about something like "In order to save the court time and money on 2 separate cases, one of which is for a very small amount, I would appreciate your consideration of these cases being combined".

[Odd Fellow]

Good to see you back!

 

Let's screw these buggers to the floor.