Suing My Bank! Breach of DPA

[batty69]

Well not totally confused as I have spent the last couple of hours reading the stickies above regarding CPR for Document disclosure.

However I am wondering were a DSAR sits in all of this ?

 

In a Nutshell,

 

CPR part 18 for clarification of any documents you are sent

 

CPR 31.14 for disclosure of any documents they mention in a statement in of cases (POC)

 

Now where does a DSAR fit into all of this ?

 

How does one request to see documents that have never been mentioned ? e.g. DN, DoA etx ?

 

How does one prevent a claimant producing a document in court that they have previously failed to mention, or more importantly photoshopped at the last minute.

[unclebulgaria67]

For small claims track, 31.14 requests get turned down, as being inappropriate on cost grouds.

 

Part 18, can include questions and not just about any documents already provided. So you can ask about documents not mentioned in POC.

 

DSAR is just a request under Data Protection, so is a separate right that you have, for all the data they hold on you. When you make the SAR request, you have to state exactly what you are wanting, as otherwise they may just send you aload of screen prints and other data off their system.

 

It is up to a Judge to decide on documents taken into court, that have not previously been mentioned. If you have not been able to examine them, you can ask for an adjournment, for say 2 weeks, while you take advice.

[batty69]

Thanks Uncle, How can you ask for CPR part 18, if the court does not give you time to ask for it ?

 

e.g. Claimant obtains CCJ by default by using the incorrect address trick, Judgement is then set aside on these grounds, Judge then orders you submit particularised Defence almonst immediatly.

 

In effect the first part of the process of when a claim is first issued has been by-passed with no chance to use CPR

[unclebulgaria67]

No expert on this. Would have thought that as a LIP, you could ask for an adjournment of a few weeks, as you have not been able to probe the merits of claimants claim against you and taken advice. I suppose the judge could say that you should have sent the claimant a CPR request, at the point the set aside was requested.

 

See if you can speak to the court concerned and ask about what you need to do to ask for adjournment, so you can request information from the claimant.

[AndyOrch]

The point here is whether you had grounds to set a side in the first place.Yes bad service is a reason to set a side but you must also have a defence of merit to hand also.

 

Are you saying that you don't have a defence until they respond to a CPR request?

 

Regards

 

Andy

 

PS Is this connected to your other thread batty?

[batty69]

Hi Andy, the question is motivated from a personal point of view.

But I'm trying to keep this thread "generalised" so as prevent as to prevent a duplication of my thread.

 

But the point I'm making (and I see that the same has happened in the maybelate thread I referenced on my own)

 

Is that there appears to be a problem (well to me) that after a set aside where a false address has been used, that you are then hit with a judges orders to file a defence. The letter gives you 14 days, but in reality gives you 7 days (due to our crap post) which then means you are not in a position to use CPR before you can formulate a defence.

[AndyOrch]

There is no requirement to use CPR pre defence or for the Claimant respond to CPR... (Legally) hence the name Civil Procedure Rules...its considered civil.

 

Disclosure happens later in the process at Standard Disclosure..after defence after Allocation.

 

If there is documentation required to check details /validity they are normally requested at AQ...but if they did by chance respond to a CPR 31.14 request all the better.

 

Only CPR 18 can be legally forced by the Court by way of an Application.

 

Regards

 

Andy

[batty69]

After racking up a few victories against banks and DCA, I'm now itching to take a fight to them.

Because I know, given the chance to take me to courts regardless of the merits they would.

 

The Issue:

My bank who I have had no problems with except a deteriorating level of customer service and increasing incompetent level of customer service has disclosed my confidential details which has caused me to incur financial loss.

 

I opened a business bank account with my bank by phone and was told there would be some paperwork I would need to sign and return by post. The letter never turned up.

 

A week later, I informed the bank and they sent out another letter, which again failed to turn up.

 

However another letter did. First of all the letter showed clear signs of being tampered with, the letter was addressed to me, however the contents did not pertain to me.

 

They belonged to another customer and contained all of his intimate banking details, name, address, bank account numbers.

 

I can only assume that a similar letter containing my personal info, has been sent elsewhere or been intercepted.

Due to this I have had to move all of banking to another bank, which has been at some considerable expense as the task has been time consuming and has prevented me from working.

 

Do I have a claim under DPA ?

[wiseajak]

Hello batty

Just read your thread, im no expert but my opinion would be, while its a terrible thought your details could of gone to another person the trouble i would of thought would be to prove that was the case.

 

Did u contact the bank once you recieved this letter? And explain the errors and coice your concerns?

 

While i think moving you accounts was indeed a smart idea just in case, you would have to prove that your details had ended up in someone elses hands and then of corse used to cause you loss.

 

Hope this helps.

[wiseajak]

You could however lodge a formal complaint as it certainly doesnt rule out your theory being correct.

[batty69]

I contacted the bank and they were informed, they apologised and investigated and put a "Breach Notice" on my account.

this they told me meant that should anything untoward happen to my account I would incur no liability.

 

They also said they would attempt to send out the letter again to me, this is did not arrive.

I informed bank, that despite 3 letter being sent none arrived, one that did had clear signs of tampering with and contained another persons details.

My guess is the letters had been intercepted and someone had returned the contents to incorrect envelopes.

 

Re. proof of loss, you don't need to prove a financial loss, the breach in itself is a loss (this is confirmed on the ICO website), although I'm guessing I probably do need something a bit more solid for proof of breach ? Circumstantially the evidence is strong, however not absolute.

 

http://www.ico.org.uk/for_organisations/data_protection/the_guide/principle_6/compensation

[wiseajak]

Hi

Like i said im no expert, i just know banks can peddle all sorts of bad information to people to make it look good on them.

 

Yes the breach itself is bad news, however yes i would of thought u would need abit more to back it up, have u lodged a compliant? If not i would as moving banks is a hassle in Itself and very time consuming.

 

I hope eerything works out

[Ganymede]

Read your link again.

You still need to prove a financial loss.

 

In terms of the breach, what proof do you have that your financial details were disclosed to a third party?

 

What figure did you have in mind as compensation?

[batty69]

Sorry your correct, My (poor) response earlier was in answer to incurring financial loss due to direct fraud on the account.

 

My loss would be the breach has caused me lose confidence in my bank thus necessitating a change in bank.

 

The financial loss would be the time and expense in effecting this change.

 

I reckon I have spent over 5 hours on this, which is 5 hours I could be working (i'm self employed).

 

The proof of disclosure is that

 

1) 3 Letters containing my financial information were sent to me, but did not arrive (they must have ended up somewhere)

 

2) I received a letter from the bank which had my address on, but contained someone else's financial details.

 

3) The letter I did receive showed cleared signs of being tampered with during transit

[Ganymede]

Thanks.

 

I don't see how 1) and 3) can be the bank's fault and you receiving someone else's details is, whilst bad, not really going to affect you.