Express Solicitors @ExpressSols- Breach of Contract, court summons *** Claim Dismissed - with costs!!!***

[Stormy1976]

Oh Ok, i am going to check the links above, there was a letter put together which suggested I send to Express solicitors... let me check.

I might have got it completely wrong.

[BankFodder]

The only letter which I suggest you send was one which accompanied the defence when you eventually serve the defence on them.
 

If anyone else suggested a letter then that was wrong.

[Stormy1976]

@BankFodder ok, so it was a bit intense the past couple of days therefore apologies for confusion.

The above letter goes to the defence team.

Am i right please?

[BankFodder]

Once again, it's been explained.

When the time comes to send a copy of the defence to express then you accompany it with the letter which I have suggested or something which is more to your taste.

You make no other communication with express at the moment – other than the SAR.

[Stormy1976]

@BankFodder Yes you are correct. I have just responded to that.

I have  a bit of clearer head today (the morning run helped), so hopefully i will function properly and not infuriate people on here.

 my head was spinning yesterday so after my run this morning i have revisited the thread again, so it's clear.

 

This morning express solicitors have responded to my request for SAR and have asked submission of certified proof of ID (see attached)

 

Not a problem I will get it certified and send to them.

 

Any thoughts/contributions are welcome

 

Third Party (Owner) Template.pdf

[BankFodder]

It's obviously just a stalling tactic and actually it's unlawful.

However, to save wasting time, you should comply – straightaway.

However it's amazing that they want to check your identity when you are exactly the person and presumably the same address to which they have issued the proceedings.

I suggest the letter below

 

Quote

I have received your request for proof of identity in respect of my subject access request.

I'm complying with your request simply to expedite matters.  The evidence which you need is enclosed with this letter.

However, I consider that you are raising an unnecessary obstacle and that your actions are contrary to the Data Protection Act.

You have been perfectly happy to issue proceedings against me – addressed to the same name and at the same address – if you had any doubt as to my identity then you would not have done this.

You have all the information necessary relating to my identity and you are simply trying to make life difficult and delay matters.

You can be certain that when we go to court, this kind of behaviour – especially from solicitors who are apparently officers of the court will be brought to the attention of the judge.

 

 

[London1971]

Tis a bit weird , did you get to the stage where you had sent them certified ID already.

I thought that was standard practice when dealing with any solicitor.

Eg a copy of your passport and a utility bill?

The data protection department should be completely independent of any issue you have with the company, 

[Stormy1976]

@BankFodder, thanks a lot for prompt response.

They really stressed me out with that, but I have friends in profession who would do this for me today and will reply with your letter. I thought I better not stressed from this as there's probably a lot coming my way.

 

@London1971

No I have never sent them certified copies of my identity when they proceeded with the claim

The letter has been signed not by their Data Protection officer, but in fact by the person who has in fact making the claim, one of their solicitors.

 

When dealing with my claim they never asked for signed copies of anything, or proof of ID.

[London1971]

@BankFodder is this something that can be used in @Stormy1976 defence? 
 

No ID given? I’ve never dealt with any solicitor who hasn’t asked for this before opening any case.

 

What exactly did you send them? I guess they sent you a contract and you signed and sent it back to them!

[Stormy1976]

No - no proof of ID given to them whatsoever. Nothing on the mail, and nothing on line.

[BankFodder]

No it wouldn't help in her defence – but it might be helpful to show the kind of obstinate and overaggressive firm of solicitors that she is dealing with.

 

In fact I think I will add something to the draft defence

[Stormy1976]

My friend, is  coming at 3:30 today to sign the documents.

She's in a standing profession (a police officer)

 

 

[BankFodder]

61 paragraphs. If you own a litigant in person you would complete this way – but as a litigant in person you have a certain licence and you may as well exploit it.

[Stormy1976]

Thank you @BankFodder Noted and I will update my local version.

Edited June 30, 2020 by Stormy1976

[Stormy1976]

Hi @London1971 they asked me to electronically access their file and electronically sign the agreement.

Some weird electronic system they had in place which didn't work as they kept asking me to sign it many times.

I have the emails to that.

[BankFodder]

When you say it didn't work, do you mean that you couldn't access the agreement? Did you receive this on your phone?

[brassnecked]

Just wondering if there is any mileage in the actual method of agreement the electronic signature process being faulty?

[Stormy1976]

I received it in my email, but yes accessed the link either via the laptop or the phone and you were directed to a signature page,

which you were supposed to enter your name and date,

but didn't seem to have saved it on the claimants portal,

 

the next day I will get either an email or a call from express asking to sign the document,

sthings like this that kept annoying me.

[BankFodder]

64 paragraphs

[London1971]

This will hopefully become clear when you receive the SAR, if they fully comply. A copy of anything signed by you would have to be produced.

 

If there is no signed agreement! And no Proof of identity, surely they are on shaky ground?

 

Are they just speculatively throwing out claim forms, to anybody who didn’t complete the process. Knowing that they will win by default on many of them?

[brassnecked]

Is there anything negative about this outfit on Social Media?  Might be their MO to send claims like confetti, in a similar way to Simple Simon of VCS.

[London1971]

I was very surprised about how good their Google reviews are. It’s difficult and extremely counter productive to try and cheat those.

 

The fact that they answer every single review is very rare and shows that they care about their image, and that they also have an understanding of how Google see’s their company.
 

Nearly 3k Twitter followers, and a pretty active feed, no complaints .

 

 

[Stormy1976]

@London1971 yes I agree with you on the reviews.

 

Submitted the Identity documents a few minutes ago along with the letter that @BankFodder kindly put together.

 

Thank you all once again.

 

[London1971]

This is not necessarily kosher under GDPR rules, see link and highlights below. Unless of course this chap, your solicitor is the DPO. If the company does not have one appointed they are in breach of GDPR.  Scary conflict of interest if it's your solicitor dealing with the SAR. I'd ring anonymously to reception and ask who their Data Protection Officer is.

 

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/data-protection-officers/#:~:text=The GDPR introduces a duty,certain types of processing activities.&text=The DPO must be independent,to the highest management level.

[Stormy1976]

I got the name of their DPO from their website and addressed my request directly to Ms xxx only for ruthless  

Mr xxx who’s the claimant to email me.

hes now out of the office for two days, I have still emailed my response to him and the DPO email address. 

 

i would ring tomorrow.