Can the defendant set-aside my CCJs against them, if they settle my claims relating to the CCJs?

[yhenls]

I made 3 claims against a company for the same underlying facts and issues, I obtained 3 Judgement in Default CCJs against them..

 

They agreed to pay my costs of issuing the 3 Claims, which is £105, in settlement of the 3 Claims.

If I agree to settle the 3 claims for just my costs of making the claims, can they in the future make a set aside application under the mandatory grounds and argue my 3 CCJs were an abuse of process, and I would have to pay 1000s in costs for their set aside application?

Or is once a Claim "settled", they cannot "set aside" the CCJ as that would result in the Claim being "brought back to life"?

Thank you

Edited October 30, 2022 by yhenls

[dx100uk]

Why? do you think your claims won't stand up if they try a set aside? Were your POC's  a bit frivolous?? 

 

 

 

 

[yhenls]

Yes, I think my 3 Claims are under the same issues

Edited October 30, 2022 by yhenls

[BankFodder]

If you brought three separate claims all based on the same set of facts than two of them would be abusive and you would not be able to claim costs from the other side. In fact they might be able to claim wasted costs from you.

It might be an idea to start laying out exactly what has happened

[yhenls]

I made a GDPR request to the company 1 year ago

 

I made one 1 Claim against them for breaching their statutory duty due to non disclosure, they didn't respond, I obtained a Judgement in Default CCJ

 

I proceeded to issue 3 further Claims throughout the year, all Judgement in Default CCJs. My PoC mentions for the 3 further Claims I am "claiming from the date of the last judgement"

 

I made a Warrant of Control, then the company first emailed me saying they intended to strike out my claims for abuse of process as I did not send letter of claims (although I did this for each Claim)

 

I informed them that I did send a letter for each claim, then they paid my 1st Claim in full, then they said they intended to set aside and strike out my 3 further claims because they believe they are an abuse of process as the 3 Claims are under the same underlying facts and issues, but before they incur the cost of this application, they are willing to settle my 3 remaining Claims for the costs I incurred which is £188     (£105 for the 3 Claims, and £88 for my Warrant of Control fee)

 

My question is if they pay me £188 for my full costs, with the purpose of settling my 3 further Claims.. Can they make a set aside, strike out applications for my CCJs against them ?

 

 

 

Edited October 30, 2022 by yhenls

[BankFodder]

Firstly, it seems to me that the three claims you have made are not based on the same facts all but the same cause of action which means that they are each for a statutory breach of the data protection act but because it appears that the breach is continuing, you are perfectly entitled to continue bringing actions for their continuing breach.

You haven't told us how much you claimed in each case.

I don't understand why having succeeded on your first claim you now appear to be getting cold feet in respect of the subsequent two claims and are considering simply accepting a settlement of your costs without actually getting the damages which you are seeking.

In my view they are quite wrong that the claims are founded on the same underlying facts. A continuing breach is in effect a recurring breach. If you obtained a judgement in respect of their breach of statutory duty at a certain date and then they continued to breach their statutory duty then that is a separate matter.

Why don't you post up a copy of the second claim form that you filed. If the other two claim forms are particularly different then you should let us see those as well. In their proper order and in PDF format

What is the name of the company?

[Manxman in exile]

3 hours ago, yhenls said:

I made a GDPR request to the company 1 year ago

 

I made one 1 Claim against them for breaching their statutory duty due to non disclosure, they didn't respond, I obtained a Judgement in Default CCJ

 

I proceeded to issue 3 further Claims throughout the year, all Judgement in Default CCJs. My PoC mentions for the 3 further Claims I am "claiming from the date of the last judgement"...

 

 

Assuming the defendant never complied* with your original GDPR request, then I'd have thought @BankFodder is correct that it is a continuing breach.  Presumably you can keep suing them until they comply.  (I'm not certain of that but I'm sure BF can either confirm or disconfirm).

 

*I can't imagine you would have sued them again if they had subsequently complied.  Would you?

[yhenls]

6 hours ago, BankFodder said:

 

 

My Claim particulars and amounts claimed are below  

PDF-jpg

IBB.CO

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Image PDF-jpg in safdfsgasd's images album

 

 

Quote

I don't understand why ... you now appear to be getting cold feet 

In the recent days I have suffered a huge amount of anxiety dealing with this, my life has been consumed by this threat of an application/possibly paying 1000s in costs... I just want to end it and stop thinking about it all the time. Litigation is too stressful for me.

 

I emailed them several days ago stating "I will accept a settlement agreement with your company if they pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action.

 

Once I receive payment of £188 from your company, I will inform the Court that the Claims are settled."

 

If they pay my costs, does this become a valid settlement agreement, and prevents them from setting aside /strike out my Claims/ CCJs in future? Could you help me out with the technicalities? 

 

 

 

Also-

One reason I think the Claims could fail - The Data Protection Act states that I am entitled to 1. the company to provide a copy of all my data and 2. the company to inform me whether or not they store data on me.

 

My GDPR request 1 year ago simply asked them to provide all the data they store on me.

 

I'm worried for example, that the company could just lie and say they don't store any data on me, then this would invalidate my Claims, since my GDPR request doesn't actually ask them to let me know "whether or not" they store data on me. Although I have an account with them and did a CPR Covid/swab test.

 

 

Edited October 30, 2022 by yhenls

[BankFodder]

First of all I don't understand the document which you have posted.

You refer to first claim and then to second  claim and then to third claim. Is this all in the same document?

 

I'm not sure why you think that you might be liable to thousands of pounds costs.

Have they actually begun set aside applications or is this simply something that they have threatened?

 

 

 

[dx100uk]

Next time upload<<clickme me as pdf only please don't use hosting sites 

 

This is small claims, cost are very very limited. They cannot claim even £100's for sols costs if they do try to set aside any of your claims 

 

You are being spoofed by legal speak designed to frighten 

 

Dx

[yhenls]

1 hour ago, BankFodder said:

First of all I don't understand the document which you have posted.

You refer to first claim and then to second  claim and then to third claim. Is this all in the same document?

I made 4 Claims in total, the document shows the Claim amounts, for each of the Claims, and the Particulars of Claim for each of the respective Claims I made

Quote

I'm not sure why you think that you might be liable to thousands of pounds costs.

 

This is small claims, cost are very very limited. They cannot claim even £100's for sols costs if they do try to set aside any of your claims 

 

If they make a set aside and strike out application on the mandatory grounds, I believe they can get a solicitor and claim costs from me?

Quote

Have they actually begun set aside applications or is this simply something that they have threatened?

They said they intended to apply for a set aside and strike out, and "before they incur the cost of an application" they would be willing to settle all my Claims for the costs that I incurred in bringing them.

 

Basically I just want to finish this for my own health, (even if I have a good chance at succeeding), I would really appreciate if you can put my mind at rest and advise me on the below

Quote

 

I emailed them several days ago stating "I will accept a settlement agreement with your company if they pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action.

 

Once I receive payment of £188 from your company, I will inform the Court that the Claims are settled."

 

If they pay my costs, does this become a valid settlement agreement, and prevents them from setting aside /strike out my Claims/ CCJs in future? Could you help me out with the technicalities? 

 

 

Edited October 30, 2022 by yhenls

[BankFodder]

Have they actually provided you with the data that you have requested?

 

I noticed that you haven't identified the company. Are you trying to protect them?

[yhenls]

No they haven't provided any data. My GDPR request states "Please supply all the data you hold about me that I am entitled to under data protection law."

 

It's Health Dam. I did a PCR test with them a year ago

Edited October 30, 2022 by yhenls

[BankFodder]

Well presumably you obtained the judgements because they failed to respond.

In that case they are responsible and although they might be able to obtain a set aside, it is unlikely that they could recover costs because is they who acted in a dilatory way.

 

Not once, not twice but three times.

 

If they haven't provided you with the data then it seems to be unlikely that they could obtain a set aside.

 

If you want to make them an offer then you could tell them that if they will settle all your costs and provide you with the data that you require you are then prepared to allow them to set aside the judgements but if they will not agree to this then if they make an application for setaside that you will defend and you will explain to the judge that they continue to be in breach of their statutory duty.

 

You can tell them also but that as long as they fail to provide you with your personal data as required by law that you are likely to bring further actions.

 

 

 

 

 

 

 

[yhenls]

I would prefer for there not to be any set aside / strike out application,

 

that's why I'm wondering if I agree to a settlement agreement for the 3 Claims,

 

does that prevent them from making a set aside / strike out application for my CCJs/Claims?

 

I emailed them already stating the below:

 

Quote

 

I emailed them several days ago stating "I will accept a settlement agreement with your company if they pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action.

 

Once I receive payment of £188 from your company, I will inform the Court that the Claims are settled."

 

If they pay my costs, does this become a valid settlement agreement, and prevents them from setting aside /strike out my Claims/ CCJs in future? Could you help me out with the technicalities? 

 

 

Thank you for assisting me

 

 

[dx100uk]

Any settlement does not remove the default judgements (CCJ's) from the company's public record of judgements.

 

simply shows them as settled. And that's as good having an unsettled one in terms of their financial worthiness 

 

Dx

 

 

[yhenls]

Does that mean the company can still set aside my 3 Claims/Default in Judgement CCJs, even if we have agreed to a settlement for all 3 Claims?

 

Doesn't a "settlement" put the Claim/CCJ to rest. and a set aside means that a Claim will be "brought back to life" and reheard. i.e the company shouldn't be able to set aside a Judgement in Default CCJ relating to a settled Claim?

 

It seems that the company is willing to settle the Claims.

 

Not sure if what I sent them would be considered as a valid settlement agreement, as I just said that if they pay my costs for the three Claims, I will consider them settled, (without actually asking them to state they agree to the conditions)

Edited October 30, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

please read what i posted above carefully again.

 

dx

[yhenls]

Not sure. Does it mean a settled Claim can still have the CCJ set aside?

 

If that's the case then there isn't a point in having a settlement, if they can just set my ccj aside anyway

[dx100uk]

sorry but i find it quite incredible that someone that has launched atleast 3 claims over a good period of time, which must have involved quite a bit of research, finds understanding simple answers difficult.......and appears not to have bothered to research their problem on the internet first.

the only 2 ways to remove a CCJ already registered is by an N244 or an agreed consent/tomlin order. 

 

Can a Default Judgment be Set Aside by Consent?

WWW.MASONBULLOCK.CO.UK

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Do you need to have a county court default judgment set aside? Learn how you can do this without a court hearing. Obtain the consent of the claimant.

 

in reality ....you have been had by the oldest trick in the book that solicitors pull for their clients... hinting it will cost you £1000's in their costs if they win the set asides , that is WRONG. this is small claims track!! costs are very limited.

 

it will cost them £275 to do so on each default judgement, and typically even if the judge grants a set aside, this is done without claim to costs from either side.

 

now if the defendant wants to take this forward to a strikeout application, then they will have to request a further hearing for each claim at each set aside hearing and from what has been posted here by other members, you have a very strong case on all claims.

 

pers i would not be agreeing to a consent order on any of the claims and your 'sum' for them repeatedly not complying to your SAR should have been higher and not some notional value . typically we see +£250 SAR failure court claims here and you've had several.

 

your end goal here is you 'want some data from them' you still have not got it, backing out now , folds your complete reason for wanting the data and your whole need for it and the resultant 'win' of why you want it...

 

thats an interesting question too....what is this 'data' you want, and what is this actually all about?

 

lose face once and the whole thing folds....just because you've been spooked by a letter.....

 

dx

 

PS just type in the msg box, no need to hit quote....

 

 

 

 

 

 

[yhenls]

Just want to clarify my several Claims relate to one SAR, each claim relates to a different time period of the breach. 

 

Im asking if the defendant pays my costs as a settlement of my several Claims, does this prevent the Defendant from setting aside the CCJ to which that Claim relates. I still don't understand this point.

 

If the defendant files a set aside against my Claims on the mandatory grounds, ie all my Claims are the same underlying facts and the judge agrees, then my understanding is that I would have to pay solicitors, applications costs and the small claims cost rules don't apply

 

 

I understand and agree with your points that the Claims are valid, however ultimately its up to the Judge regardless what the law is. I want to settle if that prevents them from making a set aside or strike out

[dx100uk]

50 minutes ago, yhenls said:

Just want to clarify my several Claims relate to one SAR, each claim relates to a different time period of the breach. 

 

Im asking if the defendant pays my costs as a settlement of my several Claims, does this prevent the Defendant from setting aside the CCJ to which that Claim relates. I still don't understand this point. NO!! the footprint of your default judgements still exists  settled or otherwise.

 

If the defendant files a set aside against my Claims on the mandatory grounds, ie all my Claims are the same underlying facts and the judge agrees, then my understanding is that I would have to pay solicitors, applications costs and the small claims cost rules don't apply - they do apply... read my last posts and link.

 

I understand and agree with your points that the Claims are valid, however ultimately its up to the Judge regardless what the law is. I want to settle if that prevents them from making a set aside or strike out

 

no....it is not upto the judge at an initial hearing...a set aside initial application hearing is only given about 10mins timing it does not go into details..., yes or no, is the outcome. the judge or the claimant or the N244 applicant can request a further hearing.

 

there are only 2 ways to REMOVE an already registered CCJ from records - by a consent order mutually agreed between the parties. OR , by a successful N244 set aside.

 

of which i would not be agreeing to either..and 

 

we still do not know wHY this SAR info is SOOO important...

 

[BankFodder]

If there has been a settlement then the defendant will not be able to have the judgement set aside.

 

We have already explained that even though  the claims are based on one single subject access request, it is a continuing breach of duty and as you have already pointed out each claim relates to a different time period.

 

The basis for a set of side are either that the papers were not served on the defendant and that in any event if the defendant were allowed to defend they would have a reasonable prospect of success.

If they have not complied with your sar then they have no prospect of success and so therefore it would be quite astonishing if they could set aside the second and third judgements.

 

Frankly if you have the judgements then I would set about enforcing them immediately.

 

I would would go on to send them a further letter of claim and now that they have sat up and taken notice, then it is highly likely that they will let you have the data you are seeking.

 

 

 

 

[yhenls]

Thanks bankfodder. I will take that route if the defendant doesnt accept the settlement

 

Is this a valid settlement agreement? ;

 

I will accept a settlement agreement if you pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action.

 

Once I receive payment of £188, I will inform the Court that the Claims are settled

[BankFodder]

First of all, your proposed draft doesn't address the issue of the set-aside. On the basis of the agreement you are proposing, the judgements remain in place. From my point of view that is a better result but it is quite likely that the other side won't accept this because they don't want the judgements against them.

The first judgement is a done deal. They have settled it and frankly it's not in the equation any more. There is no chance that they could get that set aside.

So that you should only deal with the two outstanding claims – both of which have now moved to judgement because they didn't respond.

Because they have lost in all of those claims, they owe you the money anyway. There is no need to make any further correspondence other than to say that they have judgements against them and you want your money.

If they want to apply for a set-aside and that is up to them.

If you want you can simply say to them that in respect of the two judgements which so far they have failed to settle, you may be prepared to agree to a set-aside of those judgements if they will undertake to reimburse you the costs of those to court actions.

However, there is still the question of the outstanding data. Do you want the data or not? You really haven't told us anything about that