Starting a court claim for SAR non compliance

[citizenB]

Hi Lee,

 

I asked Car2403 for you....

 

 

They have this all wrong. The £150 fee is for a Part 8 claim, this ISN'T a part 8 claim as he's claiming damages and costs in sending the SAR, etc.

 

Even if it should have been part 8 - which it isn't - surely they should have told him BEFORE issuing the claim? !

 

I suggest he rings the Court manager, tells them of their error, then demands Default Judgment be entered as they've failed to reply. If he doesn't do that, (note; he will say that a Judge needs to review the file - this is complete tripe, just refer him to CPR Part 7 and CPR Part 12) come back to the thread and we'll see what happens next. Either way, he does need to complain in writing, probably get his MP involved, escalate his complaint, et al, etc...

 

So if you ring the court manager ASAP explain as Car has above, then come back and let us know what has happened.

[lee32uk]

Thanks for the help citizen and car

 

I am going to write a brief letter outlining the points made above.Then i have a paper trail if i need to take it any further i.e MP etc

 

 

Does this letter look ok ? :-|

 

 

Dear Sir/Madam,

 

RE: LEE32UK -v- THE ROYAL BANK OF SCOTLAND

Case No: xxxxxxxxxxx

 

I would like to clarify that my claim is for damages and costs and therefore the civil procedure rules part 7 and 12 apply.

This claim is not a part 8 claim, and therefore should not attract a fee.

I would also like to ask for Default judgement to be entered as the defendant has failed to reply by the deadline date of July 1st.

 

I hope the above is now acceptable.

 

Yours faithfully

 

 

 

cheers

Lee

[citizenB]

That sounds ok, Lee. Fingers crossed they get it right this time.

[lee32uk]

Hi all

 

I have had another negative reply from the Court today in which they state the following:

 

 

Dear Sir/Madam

 

RE: XXXX v RBS

 

Your letter dated 25th August 2009 has been placed before the District Judge who has made the following comments:

 

"The claim clearly seeks an order for the defendant to do an act, i.e an injunction. I do not intend to correspond further."

 

I am sorry I cannot help you further in this instance.

 

Yours faithfully

 

 

 

 

Any ideas ? Do the Courts always make it this difficult for the man in the street to claim against the Banks? All I want is compliance for my long overdue SAR and the relevant costs as stated in the N1 claim form.

 

Should I just pay them the fee as requested in their last letter to get things moving, even though it would mean borrowing off family ?

 

Thanks

Lee

[car2403]

Eh?

[lee32uk]

Hi Car

 

I hope I haven't confused you

 

I will try and explain a little more clearly as I appreciate that you dont know the full story on this.

 

I originally made a SAR to RBS back in April 2009. They sent me part of the SAR which consisted of about 20 sheets of paper.

 

I wrote to RBS explaining that they had not fully complied. After they ignored this, I wrote again giving them 14 days before I commenced Court action.

 

I then filled in an N1 form requesting compliance with my SAR, and also costs for around £180 i.e Court fee, SAR fee and admin costs etc.

 

The Court accepted my N1 form and gave RBS a deadline date of 1st July 2009 to comply. This date came and went without any acknowledgment from RBS, and so I was advised by the Court to send back 'The Request for Judgement' form.

 

I immediately sent back the form, along with a covering letter asking that RBS comply with my SAR.

 

I then received a letter from the Court asking for a fee of £150 which stated "If the claimant seeks injunction/declaration the correct fee should be paid"

 

I was then advised in Post #76 that the claim was made under the CPR 7 and 12, and not under a Part 8 claim, and therefore it should not attract a fee.

 

I have now received the letter today from the Court telling me otherwise, and that they are still requesting the £150 fee.

 

 

cheers

 

Lee

[car2403]

 

I meant "Eh?" the Court's response doesn't make any sense...

 

[lee32uk]

oh right :grin:

 

I think I will probably have to pay the fee and then claim it back as part of my claim ?

 

cheers car

 

Lee

[havinastella]

This goes to show what happens if you get a Court/Judge with NO idea whatsoever.

 

Lee, did you look at my thread here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

 

Did you put the same POC's?

 

Jogs

[havinastella]

The Court is completely wrong.

 

The fee is £30 plus the hearing fee!

 

Jogs

[lee32uk]

Hi jogs

 

Yes I used the same POC's as in your thread.

 

I think I will have to pay the fee or otherwise my claim will just sit idle

 

When I was told by the Court to send back the request for judgment form, they didn't mention I would have to pay anything extra.

 

cheers

 

Lee

[havinastella]

Have the defendant submitted ANYTHING??

 

Jogs

[car2403]

Be careful with a £150 issue fee on the Part 8 track, as costs will be unlimited, whereas on the small claims track, there are no costs awarded normally.

[lee32uk]

Nope. RBS didn't respond at all to the N1 form from the Court. The deadline date came and went, and so I was advised by the Court to send the request for judgment form back.No mention of any extra fee by the Court.

As the Court are now unwilling to budge, or enter into any further correspondence I am a bit snookered, unless I pay the £150 fee.

 

 

thanks

 

Lee

[lee32uk]

Be careful with a £150 issue fee on the Part 8 track, as costs will be unlimited, whereas on the small claims track, there are no costs awarded normally.

 

Hi Car

 

Im not really sure what you mean by this but it sounds risky for me Do you mean that if RBS won (which they won't as they haven't complied) I would be liable for their costs ?

If so, do you have any suggestions on how I should proceed ?

 

many thanks

 

Lee

[FM79]

Hi Lee,

 

Sorry to jump in on your thread. I can't help you, I'm just reading up on how to take Lloyds (and Halifax) to court for non-compliance of SAR(s).

 

I've complained to the ICO about the non-compliance (it's been 86 calendar days since first letters were received), but I'm not prepared to wait for the ICO's findings. I'm ready to take court action now and feel I've been more than reasonable to give them more than 40 days to comply.

 

But I can't believe what the court is putting you through.

 

I hope you stick at it and beat the **EDITED**!

 

Discouraged,

FM

Edited September 15, 2009 by car2403
Language, Timothy!

[lee32uk]

I am going to send them the fee of £150 tomorrow, and just add it to my claim, unless anyone knows of any other way?

 

 

thanks

[havinastella]

Have a look here Lee.

 

You should download this and take it to the Court.

 

It'll show the idiots how it 'SHOULD' have been done

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

 

Jogs

[havinastella]

And have a look here

 

http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/claiming_compensation_2.0.pdf

 

Jogs

[lee32uk]

Thanks Jogs. I have just had a read through the first link, and noticed this part on page 15:

 

 

Part 8 Procedure

 

Another example might be where you have

properly made a subject access request,

enclosing the correct fee and more than

40 days have passed and you have not

received any response. You are, therefore,

making an application to court for an order

that the data controller answer your

subject access request.

 

If the Part 8 procedure is used and the

defendant acknowledges receipt of the

claim, he can attend the hearing to say

whether he denies or accepts that he has

breached the Act. If the defendant does

nothing, he will still be allowed to attend the

hearing but he will not be allowed to take

any part in it without the court’s permission.

 

 

 

This is obviously what the Judge is referring to in the letter I received, and yet I was told that my claim was being made under the Civil Procedure Rules part 7 and 12.

 

This legal stuff is really confusing and I feel like I am going round in circles.

They certainly don't make it easy for you.

 

cheers

Lee

[FM79]

I have just had a read through the first link, and noticed this part on page 15:

 

 

Part 8 Procedure

 

Another example might be where you have

properly made a subject access request,

enclosing the correct fee and more than

40 days have passed and you have not

received any response. You are, therefore,

making an application to court for an order

that the data controller answer your

subject access request.

 

If the Part 8 procedure is used and the

defendant acknowledges receipt of the

claim, he can attend the hearing to say

whether he denies or accepts that he has

breached the Act. If the defendant does

nothing, he will still be allowed to attend the

hearing but he will not be allowed to take

any part in it without the court’s permission.

 

 

 

This is obviously what the Judge is referring to in the letter I received, and yet I was told that my claim was being made under the Civil Procedure Rules part 7 and 12.

 

 

I noticed this too. I've got my N1s ready to take to the court tomorrow (hoping that the court will force compliance, as it's been almost 90s days since I made my SAR) and thought, if they were confused when they look over my form, that I should tell them that my claim is not a pre-action disclosure and not a claim under Part 8.

 

But the above suggests that I want a Part 8, doesn't it?

 

I don't want to pay more than £30 for the time being.

[car2403]

I think they are asking for Part 8 because you've asked for compliance with your request.

 

if you include a claim for damages - such as the costs you've incurred in sending the request, along with the £10 fee - then that would have to be a Part 7 claim.

[lee32uk]

I think they are asking for Part 8 because you've asked for compliance with your request.

 

if you include a claim for damages - such as the costs you've incurred in sending the request, along with the £10 fee - then that would have to be a Part 7 claim.

 

Hi Car

 

well im still none the wiser Obviously as the Judge is unwilling to correspond any further do I have any other option apart from paying the fee for a part 8 claim ?

I don't want to antagonize the Judge

 

cheers

 

Lee

[car2403]

Hi Car

 

well im still none the wiser Obviously as the Judge is unwilling to correspond any further do I have any other option apart from paying the fee for a part 8 claim ?

I don't want to antagonize the Judge

 

cheers

 

Lee

 

What were your POC? You might have to amend them to include costs/damages, then start the process all over again.

[lee32uk]

Hi car

 

Here is the N1 form I filled in complete with POC. There was also a seperate sheet with a breakdown of costs such as court fee, writing letters, photocopying etc which I supplied to the Court with the claim form.