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Lloyds Breach of SAR***Resolved***

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Normally it would be Tuesday but try it tomorrow anyway

Nothing to lose


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Awesome - thanks i will try it tomorrow. I assume MCOL won't let me enter it if it's too early? I know they can still file tomorrow or over the next few days, until MCOL process my judgement. Any ideas how long it can take for a judgement via MCOL to take to be served please?

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How long is a piece of string?


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:lol: twice as long as half it's length - but i am guessing in MCOLs case this is whenever they process it!!

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Think about telephoning them in 10 days and see where they are


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So today is d-day and i tried to submit a judgement online. MCOL wouldn't allow me to submit the judgement, as i had to wait until tomorrow. Having logged on again this evening I have now discovered that Lloyds have filed a defence at the 11th hour. They have been sent a DQ.

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Okay. Post up the defence as soon as you receive it.


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It will be interesting to see what there defence is. With all the evidence i have personally collated , plus the ICO correspondence, i am astounded they have filed for a defence. Where is madpriest when you need him!

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Have they seen the ICO email?


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I dont think so.

The ICO Case Officer said they were writing to Lloyds on Wednesday last week.

I doubt they will have received or processed it yet.

 

I haven't made any disclosure to them about it either.

So the way i see it is, i have evidence of the breach with my own correspondence and from the internal case notes, I have seen from the bank, as part of the original SAR.

 

I also have the correspondence from the ICO and i am hoping to have evidence from other consumers too.

 

Once i receive the defence, what are my next steps?

Edited by dx100uk
spacing

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So it may be that they going to make a bald denial without realising that the ICO has already expressed an opinion against them.

That could embarrass them. Let's wait rather than speculate


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Today I have received Lloyds Bank defence. I have attached a redacted copy of their defence.

 

In summary, they admit to not complying with my DSAR at the time the claim was issued, but avers it has since complied with it's obligations.

 

Unfortunately for them, they haven't complied, as there were numerous documents missing from the two large data bundles they originally sent me, and having written to them, to advise them of this in early April, I have still yet to receive an acknowledgement of that letter, or the full data disclosure I have requested.

 

I can prove they received my letter, as I sent it via an email, which I still have the original in my sent mailbox. I also happened to have sent the email to four people

 

(1) the DSAR team manager's email inbox (i have the group email address for the DSAR team manager's) and i know this works, as i have sent the other letters they refer to in there defence, via the same email address. Unfortunately for them, I also sent it to

 

(2) the named Customer Complaint Manager, who is dealing with my internal complaint, and

 

(3) there general Complaint email inbox. Finally, as I wasn't getting anywhere I also decided to copy in

 

(4) the Chief Executive Mr Antonio Osorio himself.

 

They make no reference to the fact that i am still waiting for full disclosure, or any reference to my letter advising them of this fact. So I believe it still prudent for the Court to issue an order under Section 7 of the DPA.

 

The last part of there Defence is that they want me to prove the £200 damages i have asked for (i.e. letters, phone calls, and time away from the desk in the workplace, in order to make these numerous calls).

 

I am in the process of collating all of the evidence i have, and i am currently writing up a bullet point list to cover all their points.

 

Any guidance on next steps would be much appreciated please CAGERS. :-)

Lloyds Bank Defence.pdf

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So very briefly they are admitting the statutory breach and merely disputing quantum. Is this correct?


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OK. That is straightforward enough. It's a shame that moneyclaim won't allow you to apply for judgement on the basis of this.

There must be a way to make a paper application for judgement and as long as it doesn't cost any money then I think that you should do it.

Apply for judgement on the substantive issue and then continue the dispute on the issue of quantum.

Don't bother to send a reply at the moment.

 

Who are the solicitors?


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That sounds good news Fodder. I did originally complete an N225 Request for judgement and reply to admission (specified amount) as MCOL wouldn't allow me to apply for a judgement. The button for request judgement has no been removed from my MCOL claim.

 

Having just reviewed the N225 the form doesn't look like i can make a paper application for judgement. It says tick A if the defendant has not filed an admission or defence to my claim - which they have. Or tick B if the defendant admits that all the money is owed.

 

Any idea on what form i need please?

 

The solicitors are Eversheds Sutherland.

 

No worries - catch up with you then. Can you you please also double check with their Defence, that they are actually admitting the statutory breach.

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If you are unable to request judgment online you can complete form N225 (or N225A where the defendant has filed a part admission) and send it to the court. Please be aware that doing this will prevent you from taking any further action on the claim online.

 

Forms N225 and N225A are available to download from http://www.justice.gov.uk/forms.


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Thank you Andy, really appreciate the support. I will look at this form in the morning wait for Fodder to come back to me with further support. Red :)

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Be aware that you can only use the N225A if the defendant returned the N9a (Admission Specified)...an admission contained within a defence is not the same...and the claim continues as a fully defended claim.

 

https://www.gov.uk/government/publications/form-n9a-form-of-admission-specified-amount


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Yes, I eventually found that when I was hunting for suitable forms and it was the form N9 concerned me.

 

If there is no form N9 then I would suggest that may be the best thing to do is to wait for the questionnaire and then asked the judge for an order that judgement be given for the admitted part of the claim and the case to proceed on the disputed issues.

 

Even if the judge says no, it will bring everything to everyone's attention. I really don't expect Evershed's to want to commit their clients money on this for the sake of such a small claim when they've already admitted the statutory breach. However, it is very important to get the judgement. I think you should hold out for this even if they try to offer you the money. In certain circumstances you are not obliged to accept the full offer if there are reasonable grounds for continuing. In this case, this is an important statutory breach of data protection obligations – something which is very prominent in the public mind nowadays. Lloyds are serial breachers of their DPA obligations. The ICO was already injured an opinion that they are in breach. They continue to be in breach in respect of an incomplete disclosure – which in my view is even more serious because it is essentially deceptive and amounts to withholding information rather than the mere delay. There is clearly an interest in going forward on this.

 

If/when you get the judgement, then I would be sending it to the ICO and also to the FCA and also to the ombudsman. I think that you would need to make this clear to the judge as well and that this is why a judgement is extremely necessary in this very low value but extremely serious case. When you get the questionnaire we'll help you work something out.


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Ok, so in this morning's post was the N149A Notice of Proposed Allocation to the Small Claims Track. Also attached is the N180 (DQ).

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Well I think I have fallen seriously out of date. I thought that the DQ would give you an opportunity to seek particular directions and I was going to suggest there that you ask for judgement on the admitted portion. I've just looked at an online DQ and it seems that is not possible. I'm wondering if there is another version.


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I've looked around and I can't find another version – unless site team member Andyorch can come up with one – as he so often manages to do!

 

Otherwise, I suppose you had simply better fill it in. I suggest that you don't bother to ask for mediation. Obviously you want it on the small claims track. You want in in your local court - because you are a private individual and the defendant is a well resourced business. No expert evidence. No witnesses. Blah blah.


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Directions are set by the court in SCT N180 ...always have been.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Complete it on your PC and run 3 copies...Court /Solicitor/File


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Fodder, thank you for the support and guidance to date. Andy thank you also for your support and on-boarding to these important documents. I have just completed the N180 and will print off 3 copies Court/Solicitor/File.

 

Guys, at what point can i write to the Solicitor and judge to respond to the Defence? Or can i only do this at the actual Court hearing? I am also keen to make the judge and Defendant's know that i am not prepared to enter into further mediation as i have previously attempted to do so on numerous occasions via telephone and on two occasions in writing.

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