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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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tnook

Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

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It’s very frustrating. Looks like I’ll not be getting my statements. 

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The solicitor has sent me a PDF with their witness statement. They are sticking to their story of ‘beyond use’ and say they may or may not have the data but can’t confirm it. 
 

Is there a way to argue around this? Is it best to withdraw the claim or settle and look to another route? The case is in court next week. 

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Just got another letter from the solicitor:

 

Dear Tnook

 

As explained in our previous email, and in the Bank’s witness evidence as served upon you today, the Bank is not able to locate or identify any of the further data sought by you. The Bank is not withholding your data , it has provided you with all of the available data it has in relation to you. Whilst we note your concern that the Bank is attempting to withhold your data in order to stifle any potential claims you may have against the Bank, we reiterate that this is not the case. Notwithstanding this position, it is apparent that any claim that you may have against the Bank relating to matters from 1998 – 2003 are indisputably time-barred (and have been since before your Subject Access Request was submitted to the Bank). 

 

Should the matter proceed to a final hearing, we are confident that the Court will agree that no further order can be made. We will also seek instructions as to whether to seek the Bank’s costs in attending any such hearing from you.

 

Notwithstanding the above, the Bank is prepared to increase the Offer to £150 in full and final settlement of your claim, provided that notification of such acceptance is received no later than 2:00pm on Wednesday 27 November 2019.  The additional £25 is to reflect the cost you have incurred by paying the trial fee. This represents the full value of your claim, and the maximum that the Court will be able to award you. Please therefore confirm whether you are willing to accept the offer of £150,  following which we will prepare a draft settlement agreement for your consideration.

 

Kind Regards,

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Not really answering your question but aren’t they infringing / breaking GDPR by effectively saying they ‘might’ have your data but can’t be sure?

HSBC did this with me and paid me £750. Worth pushing back on this?

Edited by craigten

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Attaching the PDF of their witness statement. @BankFodder @Andyorch any ideas on how to counter this? Court date is next week, just got their witness statement.

tnook.pdf

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I've asked for further input for you from Site Team.


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Thanks Slick! 😀

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.2

 

The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. They must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

http://www.legislation.gov.uk/ukpga/1995/38/section/2


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Thanks Andyorch, does this mean they can't rely on the hearsay evidence since they served no notice?

Also reading those links I should be able to cross examine the hearsay witness if I am not wrong?

 

Is there a real risk they can claim costs?

I have offered to settle and attend mediation and they ignored me.

So I have tried.

 

They set a 'deadline' of 14:00 tomorrow (27th Nov) settle and accept the £150 or they will pursue costs at the hearing.

 

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I questioned the notice of hearsay and their solicitor responded:

 

We can confirm that we served the notice of hearsay on yourself and the court on 26 November 2019  (copy attached). The notice can be found on the first page of the document.

 

The Banks offer of £150 in full and final settlement of your claim, remains open until 2.00pm on Wednesday 27 November 2019. Please therefore confirm whether you are willing to accept the offer of £150,  following which we will prepare a draft settlement agreement for your consideration.

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If they ask for costs they will be disappointed. Costs are not awarded in Small Claims. Fear not.

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I just replied to their solicitor:

 

Without prejudice save as to costs and subject to contract
 
Dear XX,
 
My claim about the cancelled mediation is direct feedback from the mediation service who when I tried to confirm the session informed me you had withdrawn from mediation and it was being passed back to the courts.
 
When I was asked for clarity on the missing data I did reply and your solicitor replied to my email saying she would ask the bank to find the data. Your assertion that I did not reply is wrong, I will be happy to provide evidence.
 
In September I further wrote to you to ask for clarification and discuss settlement. You ignored this and did not respond.
 
Barclays have previously claimed not to have my data and then later produced it. There are other precedents where Barclays have withheld statements until court action has required they be produced. I am an IT Consultant and have worked with several organisations on preparing for GDPR. I would likely want to cross examine your witness to establish the nature of the data storage and the relevant referencing system.
 

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So they did...... its page 1 of the witness statement.

 

With regards to costs...costs are a small risk and could possibly be given in Small Claims Track...albeit Fixed Costs.

 

https://helix-law.co.uk/business-law-blogs/what-costs-can-be-recovered-on-the-small-claims-track/

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

Andy


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If I settle. Does that mean I can’t bring a claim to get the statements again at a letter date?

 

I’m just aware of the time left and since they say they might have the data but can’t reference it. I might need to to work out a way to ask them to prove how they can’t access it. Why would a bank delete or forget a way to access their own data?

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Yes, if you settle you wont be able to reopen your claim.

 

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Their whole defence is around their old microfiche system is no longer indexed. They can’t access the records because there is no way of linking my account numbers to their reference. 
 

I need to find a way around this or we will never get legacy statements from Barclays. 

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So they admit having a database (microfiche) with personal data that is over 6 years old that they can’t use. Isn’t this wrong. Surely they are not supposed to keep data and should delete it. I should ask what the purpose of the microfiche ‘beyond use’ database is. 

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All perfectly valid arguments...so what have you decided....?   Settle or proceed ?

 

Have they served you their anticipated costs bill yet ?

 

Andy 


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No they haven’t. They’ve given me till 14:00 to settle. Really want to fight it. But not sure. 

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I sincerely hope you fight it.

my experience with ICO is that if an organisation say they’ve got the data ‘somewhere’ means that they have it. Period. 

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Just asked the solicitor:

 

Is it unclear why Barclays have a significant data source (microfiche) full of personal data that is ‘beyond use’. What is the purpose of retaining this data source. Data that of this type is supposed to be deleted. 

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Is their 14:00 deadline something I need to worry about or can I push back on their timeframe. 

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Im alway suspicious when a timeframe is imposed...mediation and settlement is and should be available up until the hearing day if genuine..Of course if you were to settle they would not need to instruct counsel to attend.


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I just wrote and said I can’t commit to a 14:00 deadline. As I am in meetings. Which I am. 

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On the ICO website I found a document about putting data beyond use. This data is not subject to a SAR request. But it must be provided in response to a court order. 
 

So I need to establish a way to search the data source. 

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