Starting a court claim for SAR non compliance

[car2403]

Correct. You need to complete the form requesting Judgment by Default. You also need to enclose a letter, asking a Judge to issue an Order ordering their compliance with your request. If they continue to ignore the Court, they will find Bailiffs arriving at their place to recover the debt! (One step at a time, though)

[havinastella]

don't forget to update all the extra costs that you have encurred.

 

A nice claim of around £500 should surfice.

 

JOgs

[car2403]

don't forget to update all the extra costs that you have encurred.

 

A nice claim of around £500 should surfice.

 

JOgs

 

Costs can only be claimed once Judgment has been entered, but yes, along the right lines...

[lee32uk]

Thanks for the replies car and stella

 

Wasn't aware I could claim any more ? The original N1 was for around £180 I think, but I haven't had to do anything since the form went in. Would it be wise to claim anymore ?

 

cheers

 

Lee

[car2403]

You can claim wasted costs - £9.25 per hour for preparing/entering the claim, plus any disbursements you've incurred.

 

You can only do this once you have Judgment, however.

[lee32uk]

Thanks car

 

So do I just enter the original sum of £180 in the Judgement details section ? or should I leave it blank ?

 

many thanks

[havinastella]

Thanks for the replies car and stella

 

Wasn't aware I could claim any more ? The original N1 was for around £180 I think, but I haven't had to do anything since the form went in. Would it be wise to claim anymore ?

 

cheers

 

Lee

 

 

You've done loads more research since then

 

[car2403]

The sum you claimed for, plus the fees. The total cost at the bottom of the N1

[alangee]

I have an ongoing claim for non-compliance with Citi. After 16 days I sent in my request for judgment, Citi faxed in an intention to defend after 18 days, and the judge allowed it.

 

I have a preliminary hearing early next month with the DJ as "special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person"

 

I will let you know what happens.

 

Alan

[car2403]

 

This is usually to either let the Judge tell the other side they don't have a chance, so should comply and settle, or for the Judge to tell you the same

 

Do you have a thread, alangee? Worth starting one, me thinks.

[lee32uk]

I will put the original amount in the form and send it off tomorrow

 

thanks

[car2403]

You can fax it - there's no fee

[lee32uk]

Does the note below look ok? Or should I take out the 2nd paragraph ? Anything else I need to add ?

 

thanks

Lee

 

 

 

 

Dear Sir/Madam,

 

REF CLAIM NUMBER: xxxxxxxxxx

 

Mr xxxxx (Claimant) v The Royal Bank of Scotland (Defendant)

 

 

I would like to ask that a Judge request an order for compliance, against The Royal Bank of Scotland, regarding a Subject Access Request made under the Data Protection Act 1988.

 

I would also like to ask the Judge to consider any further costs that may apply, under His or Her discretion.

 

 

Yours sincerely

[car2403]

That's an application for costs, which attracts a fee and which can't be done until Judgment is entered. Yes, remove the second paragraph. The rest is fine. You may want to add the request is under s.7, plus the Court can order compliance with it under s.7(9), just to be clear.

 

You're asking for Judgment by Default, plus an order to seek enforcement of their compliance with your request - all of which was included in your POC, I'd imagine?

[lee32uk]

Thanks car

 

It's becoming a little clearer

 

cheers

[alangee]

Hi Car

 

Yes my thread is http://www.consumeractiongroup.co.uk/forum/citicards/178240-user-jimbo.html, I sort of hijacked an empty thread.

 

The ICO have found in my favour, so hopefully it is the DJ telling them that they do not have a chance. ALL i have got from Citi are my copy statements and a typed out document containing some application information. This has taken since October last year to get.

 

Alan

[lee32uk]

Hi all

 

I have had a letter from my local court today asking for £150.This is the letter they have sent:

 

 

Dear Sir/Madam

 

RE:XXXXXX v RBS

 

The district judge has had sight of your letter dated 4th july 2009 and has made the following comments "If the claimant seeks injunction/declaration the correct fee should be paid".

 

The correct fee for such proceedings is £150.00

 

 

 

 

 

I originally paid a fee of £35 for the initial N1 submission and i was claiming around £180 in costs etc plus compliance of my subject access request.

 

After RBS ignored the court I then sent off the request for judgement form but didn't know there was another fee involved

I have also recently lost my job so i don't really want to be paying out an extra £150.

Is the above from the court correct??

 

cheers Lee

[citizenB]

Lee,

 

I dont know if this link will take you to the right page..

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_1009.pdf

 

If you scroll down, you will a claim that involves no "money" does in fact attract a fee of £150.00.

 

Would you be intitled to a fee remission ?

[lee32uk]

Thanks citizen

 

If I pay the £150 fee can I claim it back off RBS and just send an updated claim sheet along with the fee? If i can then i will probably pay as hopefully it wont be too long before they settle.

 

 

thanks

[citizenB]

Thanks citizen

 

If I pay the £150 fee can I claim it back off RBS and just send an updated claim sheet along with the fee? If i can then i will probably pay as hopefully it wont be too long before they settle.

 

 

thanks

 

 

Yes, I think you can, Lee. However, I will get that confirmed for you.

[lee32uk]

Yes, I think you can, Lee. However, I will get that confirmed for you.

 

 

ok thanks

[citizenB]

Lee,

 

Can you just let me know what exactly you have done so far.

 

Entered the claim for non compliance on form N1 .. yes ?

 

Have you completed A&Q, sent witness statement etc ?

 

I have spoken to Car2403 and he thinks you should follow the steps I took for the Summary Judgement which will only cost you £75.00, which of course you will reclaim.

 

I will sort out my paperwork and post it up for you.. I will have to remove all personal information first.

[citizenB]

Lee, you need to complete a form N244

 

Download form N244 from here

 

 

 

Like this...

 

 

 

 

 

 

You will be asking for your costs todate up to and including the cost of filing the N244 so this IS a money claim and will only cost you £75.00 to file.

 

Any questions, just yell

 

PS will put the 2nd page back in a minute.. left address on .. DUH !!

Edited August 20, 2009 by citizenB

[lee32uk]

Lee,

 

Can you just let me know what exactly you have done so far.

 

Entered the claim for non compliance on form N1 .. yes ?

 

Have you completed A&Q, sent witness statement etc ?

 

I have spoken to Car2403 and he thinks you should follow the steps I took for the Summary Judgement which will only cost you £75.00, which of course you will reclaim.

 

I will sort out my paperwork and post it up for you.. I will have to remove all personal information first.

 

 

 

Hi Citizen

 

This is what i have done regarding the claim:

 

I sent an N1 claim form to my local court to claim damages against RBS and to also ask for compliance regarding my SAR.The amount being claimed was £188.20 which included the court fee of £30.

 

When i got the stamped N1 form back from the court they gave RBS until 1st July 2009 to respond.

On the 2nd July i rang the court, who told me that RBS hadn't responded to the court papers, and so i was told to send the 'request for judgement' form back to the court.

I sent this off along with a covering letter in which i asked for an order for compliance under sec 7 of the data protection act 1998.I also asked for judgement by default, as the defendant had failed to respond to the claim before the deadline of july 1st.

 

 

 

As i am now currently claiming jobseekers allowance due to losing my job at the end of July should i just send an EX160 application form for fee remission as i would automatically qualify, or would it be best to send the N244 form as per your advice ?

 

many thanks for your help

 

 

Lee

[citizenB]

Aha, righto.. you signed and returned the form that came with the original Notice of Issue form..

 

Right, I will ask one of the site team for you.. cos I dont know the answer.