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Redmountie

Lloyds Breach of SAR***Resolved***

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Thanks Andy, from reading CPR 27.14 i can see i can claim costs back in order to bring my claim to Court, but still not sure about any other type of costs?

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Other type of costs?


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Yeah costs for disbursements like posting Court documents, print ink, time spent researching and then filling in the POC and other Court required documents?

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The costs which you can recover are any losses which are incurred as a direct result of their breach of their statutory duty. This means that you could reasonably claim for time expended in chasing the SAR, any expenses associated with that, and probably a figure to represent your time. However it would have to be modest. The overall claim of about £200 is itself quite modest, in my view, and would normally be unlikely to attract the attention of the judge unless Lloyds want to make an issue of it. It is still pretty amazing that they want to go this far. The main area of interest in claiming damages is stress/distress. The DPA specifically allows claims to be made for distress. This used to be interpreted as distress which was caused as a result of some discernible loss – such as an inability to get a mortgage because of a DPA breach. However, since the Google case it now appears that you can claim for distress even if there is no associated loss. This opens the door for you to talk about the stress/distress that you have suffered by not having the data you needed and its impact on you and also, I would say, the impact on you having to dedicate worktime or then having to go home for your quality time and having to spend time chasing up Lloyds and also making complaints to the ICO and also shepherding the process through. This all seems to me to be a legitimate basis for claiming that it has caused you distress. I think it is entirely reasonable to claim for actual losses such as paper, photocopying, telephone calls, an element of time spent doing the SAR reminders, complained to the ICO, and then make up the balance in a figure for distress.

 

I suppose Lloyds would probably want to know if you have been to the doctor and if that was your level of distress. I think it is for you to say to the judge that the figure you are claiming is extremely small and it represents the difficulties you have had to go through and at the same time fitting these matters in with your ordinary working and social life – and that is so clear that this kind of statutory breach involving personal data – meaning your private data which is highly personal to you – is clearly going to involve an element of distress and worry but that you have attempted to keep the compensation requested down to a minimum. I think that you should say to the bank that if they want to query the stress that this is course you then if they will let you have a letter saying that they require you to go to a doctor then you are prepared to do that – but of course they will be charged for that as well.

 

Your list of disbursements is generally claimable – except for the preparation of the court process. Unfortunately at this level – the small claims track – I'm not aware that these sums are generally recoverable unless in very exceptional circumstances where the defendant has behaved so unreasonably. But I don't see this here.

 

Don't forget, that as far as we're concerned – and I think you are on board with this, the whole objective here is to get a judgement against Lloyds for their breach of their statutory DPA duty. They have admitted the breach and so there doesn't seem to be any reason to me why the judgement shouldn't be given almost automatically. I think that once you are in the hearing, the first thing to do is to point out to the judge that they have admitted the breach and that you are asking the judge to give a formal judgement on that element so that you can then go ahead to deal with the level of compensation claimed.

 

Of course we are still back to what is really going to happen. It is still incredible that the bank might really decide to go to court on this. They've admitted the breach although maybe they don't seem to realise it because the person who drafted the defence seems to be pretty junior and inexperienced. Regardless, I can scarcely imagine they want to spend this kind of money when they probably think that they can simply pay you the £200 or whatever they think they can whittle you down to and then get you to withdraw the proceedings.

 

I sincerely hope you won't do that. Of course if they view your £200 and you refuse then they may start saying that you then leave yourself exposed to an order for costs. Don't forget that in certain circumstances you are entitled to reject an offer and to proceed to seek a judgement if it is reasonable to do so. This is not a mere case of contractual breach or of negligence. This is a case of a statutory breach. In other words Lloyds have disobeyed the law. Not only that, they've done it more than once. I think I recall that in fact there is still some SAR matter outstanding. In my view it is entirely reasonable for you to go to the judge and say that you have rejected an offer because you consider that a breach of personal data rights which has occurred more than once is so serious that it needs adjustment which you can then send on to the FCA. I'm pretty confident that the court will agree and will be prepared to give you the judgement – even if they don't want to your full £200. But if you get the judgement then I would expect you will get all your court costs.

 

In cases has to be done again, it might have been better to include in your particulars of claim that an element of the compensation sought was in respect of distress. However, I think it is entirely reasonable for you to point out the judge that you are a litigant in person and that you don't have experience of this kind of thing.


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Yeah costs for disbursements like posting Court documents, print ink, time spent researching and then filling in the POC and other Court required documents?

 

Yes add them to your schedule above...you must serve a copy on the claimant not less than 3 days pre hearing....and also ask the judge at the end of the hearing should your claim be successful.

 

Andy


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Just to add to my earlier post, if they really wanted to buy you off by offering you your full amount then it seems to me that you can very recently say to them that as they have admitted the breach, they must agree to judgement and then you will reduce the money you are asking so that you simply have your expenses.

 

Of course they will never go along with it. What they really don't want is they don't want the judgement. It's incredible that they have admitted it – and they were going to court and try to resist the judgement.


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i received my Notice of Allocation to the Small Claims Track (Hearing) letter today.

 

I am required to pay a £25 Court hearing fee by 17/09/2018.

 

My claim hearing is on 15/10/2018.

 

On the Court document I noticed a strange sentence in bold:

 

"The Defendant has permission for their witness to give evidence by video link.

The Defendant shall notify the Court at least 14 days before the hearing as to whether their witness will appear by video and if so they shall make arrangements for the same".

 

I decided to contact the Court to inquire what this meant.

They advised that they have received a request for the Defendant (i.e. their solicitor) to give evidence via video link. I

am amazed that they can't even be bothered to come to Court to give evidence in person.

I am not sure if the judge will take a negative view of this.

 

I have already typed up my witness statement and referenced all of my exhibits, as part of my Court bundle.

 

However,

having received some advice from a learned friend,

I am going to re-write it, as it is too long and needs to be more succinct and punchy.

Edited by dx100uk
spacing

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BF, i have been away with work for a few weeks and been busy selling my house, with some problems. Are you available to support me with the wording of my Witness Statement please? Court date is only a few weeks away.

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I'm away for a few weeks but we can make contact next Tuesday or Wednesday


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Hi caggers,

 

I've received a letter from Lloyds solicitors today stating that their client wishes to fully resolve the Court claim against it, in order to conclude this ongoing matter. I am at the stage where i am preparing my witness statement and about to pay for the hearing fee, although i haven't done this yet.

 

They have offered a further sum of £100 in full and final settlement of the claim against them. My original POC is for £225 so this is £125 less than my claim is for. They state that they previously paid me £125 compensation, during my complaint to them, and therefore the amounts added together, makeup the total amount of my claim.

 

However, i am not prepared to accept anything less than what was stated on my POC. Should i write back to their solicitors, setting out how much i would be prepared to accept in full and final settlement, or just be savvy and tell them no and to come back to me with a better offer?

 

Also, they have stipulated 5 conditions in their offer. One of which is that each party beat their own costs and the other is a confidentiality agreement. I am not happy with either of those clauses, so again should i go back to them to say they have to pay the POC fee and i won't be agreeing to any confidentiality agreement, if i do accept any offer from them?

 

Any advice from caggers please? BF I know you are away for a few weeks, but if you read my post update, i would really appreciate some advice please.

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I agree with you and def NO confidentiality gagging!!

write back and simply say

 

no thank you, that doesn't even cover my court costs to date.

and certainly will not be gagged either whatever the outcome.

 

however should your offer improve …..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Your cases unlosable

They have admitted the breach of statutory Duty and they cannot win

The solicitors are simply using bluster and they are using a 14 day time limit in order to bully you.

You really shouldn't worry about it

they are writing to you in these terms simply to save face for the client and also for themselves

At the end of the day they want to avoid a judgement

if you want to give them something then offer to forgo all of the damages you are claiming as long as they agree to contact the court and to change their defence into an admission

if the bank is really so worried about the economics of this case then they will bite your hand off to accept

Of course they won't want to accept this. The money is meaningless to them. what is far more important is that they don't have a judgement against them for breach of statutory Duty which is much more serious than a judgement for breach of contract or other stupidity

I have emailed you full stop please contact me

You should hold firm.

Your claim is an automatic win and you should not give into any of the conditions that they attempting to impose on you including the meaningless deadline or the confidentiality clause

What does the deadline possibly mean? And I'll Puff and I'll blow your house down? after 14 days you will find that your house is still standing

you need to call their bluff and not allow them to dominate you

They are all far too used to getting their own way


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Court bundle is due for submission by Monday at the latest. With the help of BF i have done a skeleton argument and incorporated this into my witness statement. I have kept my witness statement really simple and easy to read for the judge. It is only 4 pages long and only refers to a handful of documents.

 

Looking for advice on (1) when do i submit the skeleton argument to the judge/defence if at all, or do i just produce this to read out to the judge on the day (2) do i need to sent a bundle with ALL my documents, even the ones i am not relying on or referring too?

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Does anyone have a link to the correct CPR i need for small claims track please? I want to print this off and take a copy for the judge just in case as well.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi everyone, I just wanted to say thank you for all your support in this matter. This has now been resolved. Unfortunately, I cannot comment on the outcome due to a confidentiality agreement clause that I had little choice but to agree too. I really appreciate the help that this group and the individuals within it offer. Thank you :yo:

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Well done Redmountie and many thanks for the update.

 

Thread title updated to reflect the outcome.

 

Regards

 

Andy


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You guys almost made me bin this letter, once I checked through it with a high power led lens, I noticed it was from Halifax.... phew! hahaha, that was a little bit funny.

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Best start your own thread Sam


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