How to get evidence to start an MCOL claim for monies owed?

[SuperVillain]

Many many thanks indeed to you BankFodder & Bazza for your responses.

 

We now have written out the LBA letter as per your suggestion BF, it's being sent tomorrow by recorded delivery.

 

I've got my son to read your response re going to court as he fully expects this to go down this route. Once the 14 days are up he will do a MCOL.

 

But he has 1 question atm, how does he get the scrap yard to release the paperwork relating to the 3 loads of scrap that his mate was paid for?

 

When my son visited the scrap yard he was told by them that his mate did bring in a 3rd load & that he was paid £603 for it. They stated that my son would need a court order for them to be able to give my son the proof he requires due to DPA.

 

As for going to the police, my son doesn't want to go down that route, for reasons as Bazza suggested above.

 

Thanks once again...xXx

 

 

The starting point for a response for the scrap yard -

 

Section 35(2)(a) of the Data Protection Act:

 

35 Disclosures required by law or made in connection with legal proceedings etc.

 

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

 

The disclosure your son is requesting from the scrap yard is for the purpose of prospective legal proceedings.

 

When writing to them your son will probably want to also tell them that the Court Order they are asking for - presumably a non-party disclosure order - is disproportionate for an £800.00-ish claim and that if your son is forced to make an application, he will seek the costs from them (the scrap yard) at any hearing.