DGIF1973 - Natwest Diary

[dgif1973]

NatWest have failed to fully respond to my DPA request, they have only sent partial statements for one account. I have sent off my LBA today by fax and sent a copy by recorded delivery. If I have to file a claim at the County Court, what are reasonable expenses I can claim. I've made several phone calls to them and sent faxes, all from work though so it has cost me nothing. Theres postage I suppose but nothing else.

[thecornflake]

The quesiton of costs was being discussed in another thread but I forget which one.

 

You can definitely claim your moneyclaim fees, anything else is up to the Judge if it's in small claims but usually nothing else is covered. You can't claim legal fees or most other costs, so postage and time spent on the case isn't covered.

[dgif1973]

The following section if from the DPA Non-Compliance - Particulars of claim template.

 

"6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £..........."

 

What I am looking for is information as to what is a reasonable amount to claim for damage on my claim for their failure to comply with my DPA request. The costs I have incurred amount to pence really so what amount should I put for damages? I have not sought any legal advice so can't claim for this, will the courts laugh if I ask for £10 in damages?

[bram stoker]

The following section if from the DPA Non-Compliance - Particulars of claim template.

 

"6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £..........."

 

What I am looking for is information as to what is a reasonable amount to claim for damage on my claim for their failure to comply with my DPA request. The costs I have incurred amount to pence really so what amount should I put for damages? I have not sought any legal advice so can't claim for this, will the courts laugh if I ask for £10 in damages?

The following within the template answers your question...

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

I hope this helps.

Vamp.

[dgif1973]

Sorry that doesn't really answer my question, I have read the template several times. I mentioned phone calls and postage costs. These won't of costed more that £10, is this an ok amount to put down for damages? Can I seriously go to court asking for £10 in damages?

[bram stoker]

I see, yes. Someone here filed it for zero amount, hence the statement at the top of the template that the courts may be confused as to your actions.

[dgif1973]

Still no further statements or Manual Intervention information. Sent a LBA regarding failure to comply with DPA. Will send them another letter giving them 7 days I think to be polite, is it possible to raise a claim on Moneyclaim for failure to comply with DPA even though I will only be claiming back court costs?

[dgif1973]

Decided not to give them another 7 days, I've got proof now that my letter from 11th April was received as they have cashed my original cheque for £10.

 

Could someone answer the following questions, Alex Lyons who failed to provide all my DPA information is based in Natwest Scotland, you can only claim on address in England in Wales using moneclaim online so do I need to go to the courts and fill out N1 form using the Scotland address. Do I put Alex Lyons as the defendant on my claim or actually the Natwest Bank with a London address. If I use the London address can I then use moneyclaim online?

 

Could someone have a read over my claim and give me some feedback.

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has accounts numbered XXXXXXXX & XXXXXXXX ("the Accounts") with the Defendant which was opened on or around 1987.

3. On 11/04/2006the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

 

6. The damage caused is: £10

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents, I estimate this cost to be £40.

 

I sent the maximum fee for a Data Protection Act disclosure request for £10 on 11/04/2006, which was cashed on 26/05/2006, it was denied that this payment had ever been received so a further payment was requested from Natwest for £5, this was sent on 03/05/2006 and cashed on 24/05/2006.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[bram stoker]

As you have received a part of the information you requested, you should use template number 2. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

 

This is a bit different to the letter you have shown here in your post.

[dgif1973]

As you have received a part of the information you requested, you should use template number 2. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

 

This is a bit different to the letter you have shown here in your post.

 

Thanks for that but I have already sent them that letter 8 days ago, am now wanting to raise a claim agains them for Non-compliance, so if anyone would be able to assist with answering my questions, here they are again: -

 

Decided not to give them another 7 days, I've got proof now that my letter from 11th April was received as they have cashed my original cheque for £10.

 

Could someone answer the following questions, Alex Lyons who failed to provide all my DPA information is based in Natwest Scotland, you can only claim on address in England in Wales using moneclaim online so do I need to go to the courts and fill out N1 form using the Scotland address. Do I put Alex Lyons as the defendant on my claim or actually the Natwest Bank with a London address. If I use the London address can I then use moneyclaim online?

 

Could someone have a read over my claim and give me some feedback.

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has accounts numbered XXXXXXXX & XXXXXXXX ("the Accounts") with the Defendant which was opened on or around 1987.

3. On 11/04/2006the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

 

6. The damage caused is: £10

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents, I estimate this cost to be £40.

 

I sent the maximum fee for a Data Protection Act disclosure request for £10 on 11/04/2006, which was cashed on 26/05/2006, it was denied that this payment had ever been received so a further payment was requested from Natwest for £5, this was sent on 03/05/2006 and cashed on 24/05/2006.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

__________________

[bram stoker]

Sorry, I seem to have confused both of us. I've asked someone else to help you.

Good luck with your claim.

[Bookworm]

Could someone answer the following questions, Alex Lyons who failed to provide all my DPA information is based in Natwest Scotland, you can only claim on address in England in Wales using moneclaim online so do I need to go to the courts and fill out N1 form using the Scotland address. Do I put Alex Lyons as the defendant on my claim or actually the Natwest Bank with a London address. If I use the London address can I then use moneyclaim online?

 

You can't raise a DPA non-compliance claim using MCOL, it has to be N1 through your local court.

 

The defendant is the institution, not the individual.

 

.

[dgif1973]

Much obliged, appreciate the info

 

 

You can't raise a DPA non-compliance claim using MCOL, it has to be N1 through your local court.

 

The defendant is the institution, not the individual.

 

.

[dgif1973]

My statements finally arrived after nearly 2 months, one set of them in a torn tatty brown envelope. Also have a faxed copy of letter with statement about Manual Intervention. Totaled everything up and my claim amount is £1984.50. Perliminary letter sent today.

[rbrears]

Good luck with it - following your thread with interest. NW have just settled my claim for cosiderably more than yours in full so stay with it.

[dgif1973]

Just received standard naff off from Stuart Higley. Letter Before action will be in the post this evening

[fallen404]

Best of luck, dude.

[cmf]

I've just got a letter from mr higley today too, he says they don't accept OFT's findings regarding credit cards and current accounts.

[dgif1973]

Second reply issued from Mr Higley saying no chance! Have filed with moneyclaim approx £2000 plus interest plus costs. Can't believe I'm finally at this stage.

[dgif1973]

Crikey, they appear to be speeding up. My claim has been acknowledged by Natwest today 3 days after I submitted it. So I guess the next stage for me will be when I get sent my allocation questionaire.

[Bonnita]

Good luck!

 

Don't be surprised if their solicitors write to you in the interim trying to test your knowledge and understanding and intimidate you by requesting further information under CPR section 18 and threatening that basically your claim is not clear and they will therefore request that the judge throw it out. They tried that with me and others as i have read in their threads, but BankFodder and others told me that CPR section 18 does not apply to small claims. I therefore sent them a letter telling them that i knew this and refusing to supply the info on these grounds. It was after we had completed our allocation questionnaires and after receiving a partial offer and more intimidation about the fact that i should withdraw my claim as it wouldn't stand up in court, that i received a cheques from them for the full amount!!

 

Soldier on. It looks like you're a person that doesn't take any proverbial anyway

[dgif1973]

Well got their defence today. 28 days was up today. They are requesting more information under CPR Part 18. Pretty much all the information I supplied to Natwest in the first place. Does anyone have the text they used to tell Corbetts to sling their hook? I'm Lazy I know. Can I simply just say CPR does not apply to Small Claims court so I will not be supplying you with the requested information?

 

Thanks

[cumbria123]

Is this the one.......?

 

Dear Sir or Madam:

 

Claim No:

 

 

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

 

Account number:

 

Sort Code:

 

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours sincerely

[dgif1973]

Just got back after a long weekend away. Cobbetts have written to me twice, firstly to say that I have neglected to give them my account details and a list of charges. I have supplied this info to Natwest twice and to Cobbets with my response to their Part 18 Request last week. The second letter is offering me half of what I'm claiming back as a gesture of goodwill. Will construct an appropriate response tonight. Also received my allocation questionnaire from the courts. I have until the 19th to submit this.

[cumbria123]

much the same as here, my AQ has to be in by the 20th.

 

Since Natwest supplied you with all your info in the first place, it`s unlikely Cobbetts haven`t got a copy already.

 

Have a look at this reply I saw on here (not mine I may add) but very interesting:

 

Then when Cobbetts have earnt ten times more in fees just reading your claim, they have a huge workload to defend it. When the also try on the part 18 request, you send them your version:

 

 

Please find my request pursuant to CPR part 18 you are asked to respond by xxxxxx 2006. (the same date they ask you for your answers)

 

* In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:

 

 

a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

 

b) how charges are applied to the account (whether automatically or by some other means) and when;

 

c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

2. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) Please confirm whether charges are applied automatically.

 

Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I consider your CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court.

 

Yours faithfully