Sure Fodder, I will get it over to you on Monday, and I will also give you the details of the ongoing ICO case. I am just in the process of writing up a chronology of events, as this will assist me and the Court, due to the number of issues and subsequent documents. I will number them all off so I can refer to them in Court. I have been reviewing other SAR non-compliance threads, to see what other CAGERS journey's through Court have been like. Do you have evidence/details of other Claimant's who have taken Lloyds to Court for DPA/SAR non compliance please? This will be part of my response to the Defence when the time comes to exchange evidence and submit my witness statement.

Brilliant thanks Andy. DQ completed today and willl be submitted to Court and Defendant tomorrow.

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.

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).

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

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.

Yes, that what it reads to me.

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

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?

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!

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.

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

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?

Fodder, just checking in. Tomorrow is the deadline for them to file a defence and i received nothing from them Friday or yesterday. Do i have to wait until the following working day (i.e. 24) to submit, or can i request judgement same day, say in the evening? Not been in this position before, so making sure, i do everything correctly and as per CPR.

I am glad you have mentioned the 28 days as i have an issue with the County Court Business Centre. They have registered the Acknowledgement of Service as being 26/03/18. However, the N215 Certificate of Service i submitted shows the date of service as the 23/03/2018. The CCBC say they add five days on from the date i served the claim. That was on 21/03/18. So the 28 days expires on Monday and so far no defence has been received/entered. i am looking to request judgement immediately. I am assuming i have to wait until tuesday morning (the day after) to request judgement?

So in relation to my DPA non-compliance complaint to the Information Commissioner, I have today received an email from the Case Officer. It is their view that "Lloyds Bank is unlikely to have complied with its obligations under the Data Protection Act 1998". He further advises in his email that he he written to Lloyds asking them to ensue it responds properly to my as soon as possible, certainly within 21 days. The Case Officer has asked Lloyds Bank to provide them with an explanation for the delay and has given them 28 days to respond to the ICO on the issue.

Ok BankFodder, i will be sure to post any future Particulars of Claim or Court Paperwork, before sending them to the Court. I guess I just have to wait for their solicitors to file a defence now then.

Thanks for the reply and the guidance BankFodder, very much appreciated, as i have no legal training and feel like a fish out of water. I got the template for this N1 Particulars of Claim, from another CAGER's thread, so i thought it was the standard template to send to the Courts. Apologies if it is incorrect or if i have inadvertently asked for a court order, when i shouldn't have. I thought the content was correct when i sent it. When I submitted my complaint to the ICO, I did enclose a copy of the bank letter, advising them i was taking them to County Court for non-compliance. I didn't disclose this fact on the ICO complaint form though. Although, from the letter, i suspect the ICO will be aware of the pending Court case. Lloyds have sent me the SAR data and i received this on 28.03.2018. So, Eversheds Sutherland Solicitor's have filed the N9 Acknowledgement, and i just need to wait now to see if they submit a defence within the 28 days? If they do offer to settle out of court, should i accept, now that i have the SAR data? And if they do submit a defence, what do i need to do next please?

BankFodder, I have attached the N1 Particulars of Claim as requested.

Thanks for letting me know that Andy.

I have also served a Certificate of Service and sent this to County Court Business Centre and asked them to add it to my Money Claim Online case file. I have received an N9 Response Pack from Eversheds and Sutherlands. They have indicated that they intend to defend all of the claim. I have now received the data from the SAR on 28-03-2018, via signed for delivery. They sent me every document on file, since I have banked with them. Some 18 years, so it came in two massive bundles. Not sure why they did this, as when i contacted them on 19-03-2018, i did specify the documentation i needed. Having checked the two bundles, i note that they have not enclosed copies of the application form or consumer credit agreements for any of the accounts/loans i asked for.

N1 Particulars of Claim for SAR Breach N1 Particulars of Claim Master.pdf

Hi BankFodder, I don’t have access to PDF sotfware to be able to upload the N1 Particulars of Claim. I am hoping to get this done over the next few days. In the meantime, is there anything i should be doing with the court case?

Hi BankFodder, What information shall i post with regards to the claim? Is the below ok? 30/01/2018 SAR Request submitted to Lloyds - 40 day deadline 11/03/2018 06/02/1018 Letter from Lloyds confirming receipt of SAR with a deadline date of 13/03/2018 19/02/2018 Contacted Lloyds to ask for specific information and confirmed deadline date was still 13/03/2018. SAR Team advised no issue and still on target for deadline of 13/03/2018 06/03/2018 Contacted Lloyds to confirm SAR deadline of 13/03/2018 was still on schedule. SAR Team advised no issue and still on target for deadline of 13/03/2018 12/03/2018 Contacted Lloyds to confirm SAR deadline of 13/03/2018 was still on schedule. SAR Team advised that the 40 day statutory period had been reset and was now anticipated being end of March 2018 14/03/2018 Letter Before Action submitted to Lloyds (giving 5 working days - 19/03/2018) 20/03/2018 Complaint submitted to Information Commissioner's Office (ICO) regarding breach of (SAR) Data Protection Act 1998. Confirmation email received from the ICO confirming receipt of complaint correspondence 21/03/2018 N1 Particulars of Claim issued via Money online 21/03/2018 Notification of Service received from Royal Mail 23/03/2018 N215 Certificate of Service sent to Money Claim Online 27/03/2018 N9 Response Pack received from Lloyds Solicitor's (defending claim) and N434 Notice of Change Legal Representative Yes, i have completed the ICO's online complaint form and sent it to them on 20/03/2018. They have since confirmed receipt of my complaint correspondence later that day (i.e. 20/03/2018).

Hi All, I applied to Lloyds for an SAR. The SAR was correctly made and accepted by Lloyds. I contacted Lloyds SAR Team via telephone, several times (at least three times) during the 40 day statutory period, and on each occasion, they advised me that there were no issues, and that they would be dispatching the SAR data, within the 40 day statutory period. The day before the 40 day statutory period was due to expire, I contacted them one last time. On this occasion Lloyds advised that because I had phoned them 3 weeks into the SAR period, and asked for specific information (i.e. PPI and Loan information), they had reset the 40 day statutory period, and that my SAR request would now not be sent until the end of this month. When I phoned Lloyds asking for this specific information, I firstly clarified with them, that by asking for this specific data, there would be no delay in the original SAR date. The SAR Team advisor i spoke to confirmed that there would be no delay. The whole purpose of asking Lloyds for this specific information was so that they didn't have to trawl through years and years worth of data. Had i been told at this point that there would be a delay or the statutory 40 day period would be rest, i would have left the SAR request as is, and got them to send me everything. My fault for trying to be helpful towards Lloyds. Lloyds stated that they had sent me a letter advising me that they were delaying the SAR disclosure. They stated that they had sent me the letter on 7th March 2018, yet as speaking to them on 12th March 2018, I had nothing through the post. I eventually received a letter from them on 16th March 2018. My issue here is, if they had known they were delaying my SAR when i originally phoned them (3 weeks into the SAR 40 days), why did they leave it for over 2 weeks to notify me that it was being delayed. Also, i have phoned them on a number of occasions and at no point have they advised it was delayed. The 40 day statutory date has come and past, so i issued Lloyds with a Letter Before Action (LBA), giving them an extra five working days to send me the SAR. They failed to do this so i have now issued an N1 Particulars of Claim for breach of SAR Request. This was done via money claim online. I have confirmed that Lloyds received the N1 Particulars of Claim, via a signature on special recorded delivery. I have also submitted an N215 Certificate of Service in relation to this. I have now received correspondence from Lloyds who have instructed solicitors on their behalf and are defending the claim. I am not sure on what actions i need to take next. I am not legally trained and have limited knowledge of civil court proceedings. Please can i have some advise and help on what i need to do next. Aside from the N1 Particulars of Claim, i have also submitted a complaint to the Information Commissioner's Office, for the breach of data protection.