How do I apply for court order to force Barclays to comply with my SAR?

[Dot1]

Because they have a watertight defence. We only have to keep it for 6 years after the account is closed.

 

Although I agree with Slick and just issue the papers to prod them. It may take a lot more effort for you though.

 

Thanks havinastella,

 

What should I do in that case then? Any suggestions of alternatives?

 

 

Thanks

[citizenB]

The only alternative is the Information Commissioner, and sadly that is not an alternative

[Dot1]

The only alternative is the Information Commissioner, and sadly that is not an alternative

 

Thanks CB,

 

I will try the court route and hopefully we may not have to go all the way.

 

Dot.

[Dot1]

In simple terms, any paperwork relating to the current account would need to be produced if the account is still up and running.

 

The loan was seperate to the current account and paperwork only has to be 'kept' for 6 yrs after the closure of the loan. As it was paid up in full in 2005, they can hide behind the pretext that they don't have the paperwork anymore.

 

We all know they have, but you cannot FORCE their hand. Sometimes they do send the paperwork by mistake, maybe it will turn up in the next few weeks/months/years but it won't be because a court says so.

 

I did mention this fact in post 3

 

Sorry I missed this post last night. I understand your point. I will give it a go and see what comes up. There seems not to be much I can do.

By the did you get the damage you claimed for?

 

Thanks

[havinastella]

Sorry I missed this post last night. I understand your point. I will give it a go and see what comes up. There seems not to be much I can do.

By the did you get the damage you claimed for?

 

Thanks

 

As BF pointed out earlier in the thread, the (Damages) are just an irrelevent number to get the claim started as it has to be a Part 7 and NOT Part 8 claim. So the damages are really just the costs to bring the case in front of the judge.

 

But in answer to your question, YES, Lloyds jumped through hoops to stay away from the judge and I was paid what I asked for.

 

Hope this helps.

[Dot1]

Hi all,

 

Made a claim against Barclays as advised and they never acknowledged or defended the claim. I then went ahead and requested for a default judgement which I obtained. They were ordered to comply forthwith.

 

Today a letter arrived from TLT Sols with a copy of N224 Application Notice.

 

They are requesting that:

 

The Judgement is set aside

The defendant shall file and serve its Defense within 14 days of receipt of this order.

The Claim be transferred to Central London County Court, the Claimant's local Court because the defendant has real prospect of succesfully defending the claim for the reasons set out it the Witness statement in support of the application.

 

They claim that it was an administrative error on their side but it is not their client;s fault.

They claim that when their client received the judgement, it was passed on to them and they attempted to discuss setting aside the judgement by consent over the phone to avoid the time and costs of attending a court hearing to deal with the application. They claimed that it was declined.

 

My question is, can one object to this application?

 

Need your help please.

[BazzaS]

Hi all,

 

Made a claim against Barclays as advised and they never acknowledged or defended the claim. I then went ahead and requested for a default judgement which I obtained. They were ordered to comply forthwith.

 

Today a letter arrived from TLT Sols with a copy of N224 Application Notice.

 

They are requesting that:

 

The Judgement is set aside

The defendant shall file and serve its Defense within 14 days of receipt of this order.

The Claim be transferred to Central London County Court, the Claimant's local Court because the defendant has real prospect of succesfully defending the claim for the reasons set out it the Witness statement in support of the application.

 

They claim that it was an administrative error on their side but it is not their client;s fault.

They claim that when their client received the judgement, it was passed on to them and they attempted to discuss setting aside the judgement by consent over the phone to avoid the time and costs of attending a court hearing to deal with the application. They claimed that it was declined.

 

My question is, can one object to this application?

 

Need your help please.

 

Which was the "administrative error", not complying with the SAR, or not filing a defence?

 

Did they phone you to discuss a set aside? If so, what was their offer, and did you feel it was reasonable?

[AndyOrch]

"The Claim be transferred to Central London county court, the Claimant's local Court because the defendant has real prospect of succesfully defending the claim for the reasons set out it the Witness statement in support of the application."

 

Always to the Litigants court...claimant or defendant.

[Dot1]

Which was the "administrative error", not complying with the SAR, or not filing a defence?

 

Did they phone you to discuss a set aside? If so, what was their offer, and did you feel it was reasonable?

 

From what I read, not filing defense. They phone my wife but it was not convenient to talk and they have assumed that she refused. There was no discussion. In fact it was Barclays which called.

[Dot1]

"The Claim be transferred to Central London county court, the Claimant's local Court because the defendant has real prospect of succesfully defending the claim for the reasons set out it the Witness statement in support of the application."

 

Always to the Litigants court...claimant or defendant.

 

Claimants Court. They are defendants.

 

Dot

[Dot1]

The Local Court will not be Central London though. I do not know why they are choosing that for us.

[AndyOrch]

You are the Litigant claimant...its goes to your local county court..they are a company

[Dot1]

Is there anything I can do to reject the application please?

 

Thanks

Dot

[AndyOrch]

Yes you oppose it by way of a Witness Statement...stating the reasons and the various CPR's that preclude their application.

[Dot1]

The WS state that "the Bank was severed with Claim on 9 June 2015 and instructed my firm to act on its behalf. Due to an administrative error my firm did not file an acknowledgement of service or defense on time. The Bank received notice of Default Judgement on 13 July 2015 and immediately forwarded it to my firm.

 

I contacted the claimant by phone on the same day we received the notice of the Default Judgment, and today requesting that she consent to the Bank's application to set aside Judgement in order to save the Court and the parties' the time and costs of considering it. On both occasions the Claimant refused to discuss the matter. As a result the Bank immediately made the application to which this witness statement support".

 

Dot

[Dot1]

You are the Litigant claimant...its goes to your local county court..they are a company

 

Thanks Adny,

 

The court they are suggesting is not my local. What do I do then?

 

Dot

[Dot1]

Yes you oppose it by way of a Witness Statement...stating the reasons and the various CPR's that preclude their application.

 

If I post the WS,will it help at all? If I can get help to object it?

 

How much time do I have to do that please?

 

Dot

[BazzaS]

The WS state that "the Bank was severed with Claim on 9 June 2015 and instructed my firm to act on its behalf. Due to an administrative error my firm did not file an acknowledgement of service or defense on time. The Bank received notice of Default Judgement on 13 July 2015 and immediately forwarded it to my firm.

 

I contacted the claimant by phone on the same day we received the notice of the Default Judgment, and today requesting that she consent to the Bank's application to set aside Judgement in order to save the Court and the parties' the time and costs of considering it. On both occasions the Claimant refused to discuss the matter. As a result the Bank immediately made the application to which this witness statement support".

 

Dot

 

So, have they given an indication of their defence to your claim?

They've explained why they didn't file a defence, but they still have to show reasonable prospect of actually having a defence. If they haven't ; your draft WS should highlight this as one of the reasons you oppose a set aside.

[Dot1]

So, have they given an indication of their defence to your claim?

They've explained why they didn't file a defence, but they still have to show reasonable prospect of actually having a defence. If they haven't ; your draft WS should highlight this as one of the reasons you oppose a set aside.

 

Thank BazzaS,

 

They attached a WS, the above was an abstract from it. I will post the WS and then hopefully it will make more sense.

 

Dot

[AndyOrch]

Thanks Adny,

 

The court they are suggesting is not my local. What do I do then?

 

Dot

 

Make an application and request it be transferred to your Local County Court ...for the reasons I have stated.

 

Your Witness Statement in response must be submitted/served not less than 7/14 days whichever is stated on the Notice of Hearing/Application....before the hearing

[Dot1]

Make an application and request it be transferred to your Local County Court ...for the reasons I have stated.

 

Your Witness Statement in response must be submitted/served not less than 7/14 days whichever is stated on the Notice of Hearing/Application....before the hearing

 

Thanks Andy,

 

Will do that as soon as there is communication from the court. This was sent by the defendant.

 

LTL states the followings in their WS.

 

Real prospect of successfully defending the claim

 

The Claim relates to DSAR made to the Bank on or around XX Feb 2015. The Claimant alleges that the Bank has failed to comply with the DSAR.

 

The Claimant seeks 1) an Order that the Bank do comply with DSAR; 2) damages; and 3) cost in the sum of £xx.

 

The Bank believes that it has a real prospect of successfully defending the Claim, pursuant to CPR13.3, on the following grounds:

 

• The Claimant has failed to particularise the alleged failure by the Bank to comply with the DSAR

• The Bank takes its regulatory and statutory obligation seriously. If the DSAR has been made by the Claimant on valid grounds, the Bank will be required to comply with it; and

• The Claimant claim costs in the sum of £xx, however, as the Claim is likely to be allocated to the small claims track the Claimant is not entitled to the sum sought.

 

Some other good reason why the judgement should be set aside

 

• The Default Judgement reflects the cost claimed by the Claimant in respect of time spent dealing with the DSAR. However, the Claimant also seek an Order requiring the Bank to to comply with the DSAR and damages. The default Judgement does not conclude the claim and therefore it will not prejudice the Claimant’s position for the Default Judgement to be set aside and for her claim to proceed.

 

• Practice Direction1.2 of CPR 12 provides that a claimant may not obtain a default judgement under Part 12 if the procedure set out in Part 8 is being used. The remedy sought by the Claimant is akin to Part 8 claim because she is asking the court to decide whether the Bank has complied with its requirements under the Data Protection Act 1998 and it is not straightforward money claim.

 

• The main remedy sought by the Claimant cannot be granted by way of default judgment, without an application being made in accordance with Part 23, as is set out in CPR 12.4(a). The Claimant has not, as far as the Bank is aware made any such application

 

Any suggestions?

 

Dot

[BazzaS]

Thanks Andy,

 

Will do that as soon as there is communication from the court. This was sent by the defendant.

 

LTL states the followings in their WS.

 

Real prospect of successfully defending the claim

 

The Claim relates to DSAR made to the Bank on or around XX Feb 2015. The Claimant alleges that the Bank has failed to comply with the DSAR.

 

The Claimant seeks 1) an Order that the Bank do comply with DSAR; 2) damages; and 3) cost in the sum of £xx.

 

The Bank believes that it has a real prospect of successfully defending the Claim, pursuant to CPR13.3, on the following grounds:

 

• The Claimant has failed to particularise the alleged failure by the Bank to comply with the DSAR

• The Bank takes its regulatory and statutory obligation seriously. If the DSAR has been made by the Claimant on valid grounds, the Bank will be required to comply with it; and

• The Claimant claim costs in the sum of £xx, however, as the Claim is likely to be allocated to the small claims track the Claimant is not entitled to the sum sought.

 

Some other good reason why the judgement should be set aside

 

• The Default Judgement reflects the cost claimed by the Claimant in respect of time spent dealing with the DSAR. However, the Claimant also seek an Order requiring the Bank to to comply with the DSAR and damages. The default Judgement does not conclude the claim and therefore it will not prejudice the Claimant’s position for the Default Judgement to be set aside and for her claim to proceed.

 

• Practice Direction1.2 of CPR 12 provides that a claimant may not obtain a default judgement under Part 12 if the procedure set out in Part 8 is being used. The remedy sought by the Claimant is akin to Part 8 claim because she is asking the court to decide whether the Bank has complied with its requirements under the Data Protection Act 1998 and it is not straightforward money claim.

 

• The main remedy sought by the Claimant cannot be granted by way of default judgment, without an application being made in accordance with Part 23, as is set out in CPR 12.4(a). The Claimant has not, as far as the Bank is aware made any such application

 

Any suggestions?

 

Dot

 

" The Bank takes its regulatory and statutory obligation seriously. If the DSAR has been made by the Claimant on valid grounds, the Bank will be required to comply with it"

 

The data subject doesn't have to give / show grounds why they are applying for a DSAR, only that personal data is being held /processed.

[Dot1]

" The Bank takes its regulatory and statutory obligation seriously. If the DSAR has been made by the Claimant on valid grounds, the Bank will be required to comply with it"

 

The data subject doesn't have to give / show grounds why they are applying for a DSAR, only that personal data is being held /processed.

 

Well,

 

It never occurred to me that "reasons or grounds" are requirements for applying for a DSAR.

 

Dot

[Dot1]

Any suggestions please.

 

Thanks

Dot

[Dot1]

Just wondering if anyone can have a look at post 46 for me (grounds for the application).

Any suggestions of how to deal with?

 

I would like to oppose the set aside application.

 

Your help is very much appreciated.

 

Dot