Court Application for incoming call details

[Mountaneer]

Dear Friends,

I need to get details of incoming calls to my phone.

I was advised by Virgin Mobile that under GDPR regulation, only the outgoing call details can be provided and for incoming call details, I will need to get a court order.

Please can you help me with this as to which court form needs to be filled and what fees should be paid?

Thanks

 

[honeybee13]

To help us to advise you, could you tell us more about why you need this information please?

HB

[Mountaneer]

Many Thanks, HoneyBee for reply.

I need to show the bank that one of its employees/advisors had discussions with me and that those were incoming calls to my mobile.

The bank is refusing to take my point without evidence.

[honeybee13]

How long ago was this please? It seems to be easy to find call details going back six months, from what I've seen on Google.

Have you sent a SAR to the bank? That is meant to show notes of phone calls as well as correspondence.

HB

[honeybee13]

I assume we're talking about this issue?

HB

[Mountaneer]

This is about two years ago. Virgin Mobile confirmed that they can provide incoming call details of the date I need.

Please help me know the relevant form.

[honeybee13]

Form for court, is that? I don't understand why you need one if Virgin Mobile will provide the information.

HB

[Mountaneer]

Virgin Media said that they release such info when they get court order. 

[AndyOrch]

N244 application form but as already advised DSAR request to the bank would be simpler quicker and cheaper unless you have already exhausted that procedure.

 

https://www.justanswer.co.uk/law/gm8yk-obtain-court-order-request-incoming-call.html

 

[Mountaneer]

I have seen that link you just sent on the internet. What I need to know is what fee needs to be submitted and whether that is an authentic reply.

[Bazooka Boo]

A DSAR costs nothing.

[Mountaneer]

DSAR is only for outgoing calls. Not incoming calls.

[Bazooka Boo]

Not if you DSAR the bank?

[honeybee13]

I agree, BB. My point was that the bank should have kept notes of meetings and phone calls. 

HB

[Mountaneer]

The call was not made from bank's landline/recorded line and so the bank says it does not have this information. So the only option for me is to get this information from my service provider.

[Bazooka Boo]

OK, DSAR the bank anyway, it costs you nothing, and it may flag up when there were telephone conversations and the dates times etc.

 

If the bank or one of ts employees rang you, then it will be recorded somewhere, DSAR the bank.

 

 

Edited September 4, 2023 by Bazooka Boo

[AndyOrch]

2 hours ago, Mountaneer said:

What I need to know is what fee needs to be submitted

£110. without a hearing and £275 with

[Mountaneer]

Many Thanks, Andyorch. And which court should I send this to? Please advise.

[honeybee13]

While you're waiting for Andy, what are your thoughts on sending an SAR?

HB

[AndyOrch]

In litigation it is possible to obtain disclosure of documents from a third party who is not involved in the proceedings. An application needs to be made under the CPR Part 23 and supported by evidence (CPR 31.17).

There must be ongoing litigation and an application cannot be made before proceedings are commenced.

[Mountaneer]

If I have started a complaint process with HSBC AND a case with an ombudsman, Can I place a court order?

 

2 hours ago, honeybee13 said:

While you're waiting for Andy, what are your thoughts on sending an SAR?

HB

I have done this already and they have just refused saying that they cannot provide as they don't have any such data.

[AndyOrch]

7 minutes ago, Mountaneer said:

If I have started a complaint process with HSBC AND a case with an ombudsman, Can I place a court order?

Not really as Court Orders are not normally given out for none emergency reasons and disclosure of data  isn't really one....particularly from a third party

[Mountaneer]

I will be asking incoming calls to my own number so why will be called a third party ?

[AndyOrch]

Your phone provider is the third party and not subject to your dispute.