HBOS successfully defended claim for contractual rate. Court hearing date extended.

[puddock]

Would be interested to hear how it goes tomorrow. Keep in touch.

[give_me_it_back]

Will do Puddock. I'm off to the Sheriff Court today. I know Alan from Derby had problems when he tried to do this also...

[Robertxc]

I contacted my local Scottish small claims court, and spoke with the Procurator Fiscal, re non complance and he said I could not raise a case in the small claims court as non compliance had no monetary value. Whereas it appears to work in the English sytem, with a nominal value.

 

I then went through my original bank statements of 5 years ago and sent in a claim based on my own figures, limited to £750. Along with notes to the court regarding the banks non compliance, which to date they have still not fulfilled in full, about 80 days later. Information Commissioners Office not doing much at all. HBOS appear to simply procrastinate all the way along, in a bid to sicken me.

Why would you speak to a Procurator Fiscal? They're public prosecutors for criminal cases. You reaqlly need to speak to the clerk of court. You can raise a small claims action for 'Delivery' to force them to 'deliver' compliance of the Data Protection Act to you. I know this is correct because I have exactly such a case ongoing at Dunfermline Sheriff Court.

[give_me_it_back]

Thanks Robert. I did read your previous thread (in Seminole's post I think..), and I have worded my claim as 'delivery'. I will speak with the clerk when I go this afternoon. Is it forms 1 and 1b I complete? That's what I have done...

[Robertxc]

Yes, complete both. One is your copy, and one is for the defender. Make sure you have two copies of any additional documentation as well. Don't forget to take £39 to pay for it. In a couple of days you'll get a form from the court with the Return Date (about six weeks time), by which they have to say if they intend to defend. You should expect them to file a defence at the last minute on the day of the deadline.

[give_me_it_back]

Excellent. Thanks Robert. I will post on my thread upon my return. I have claimed for the information to be disclosed OR a payment of 750.00 for my inconvenience of having to claim in the first place. Hope this is right...

[puddock]

I have once again phoned my local sherrif court. They are still adamant that I cannot claim for non compliance. As a matter of interest which court are you submitting your non compliance claim?

 

Please let me know where I can read your thread from the beginning?

[Robertxc]

I have once again phoned my local sherrif court. They are still adamant that I cannot claim for non compliance. As a matter of interest which court are you submitting your non compliance claim?

 

Please let me know where I can read your thread from the beginning?

This is correct. You cannot claim for non-compliance, but you can do an action to make them provide your data, or give you money.

[give_me_it_back]

I am updating my thread now: http://www.consumeractiongroup.co.uk/forum/scotland/11622-give_me_it_back-abbey.html

 

Can you please have a look?

 

OP - keep me posted - I think we need to gently keep the Scottish sheriff courts 'informed'...

[puddock]

It appears you are using Jedburgh Sherrif court. The same one as me. They have also told me I cannot raise a non compliance action. They are very confused and really do not know that much about bank charge cases I think??My court date is 24th August.

[give_me_it_back]

ooh! You're Jedburgh too!? Let's meet for coffee!!? Where are you based? I haven't sent the court the details yet... I think it might be better for me to go in and see them... Did you put in an alternative claim for cash? I'm 'happy' to accept EITHER my DPA details OR £750 for my inconvenience!

[goforit]

Incidentally, if you were told that you can only use Scottish small claims to recover money, you were misinformed. You can also claim for 'Delivery', provided that you include a monetary alternative (not greater than £750). So, you could word your claim to say that you want them to provide you with all the data you are entitled to or pay you £750 for the inconvenience you've been put to in chasing them.

 

I think solicitors for the bank/defenders would raise objections.

[goforit]

Puddock; as far as I'm aware, Contract Law extends to ALL contract parties, not just consumers.

 

The OFT Ruling was simply to assist consumers who were not already aware of the Law - which has been the way it is since 1977.

 

The Unfair Terms in Consumer Contract Regulations (SI 1999/2083) applies only to "consumer" contracts.

[give_me_it_back]

I AM a bit concerned about claiming for the full amount allowable without evidence to back it up, and I know the courts take a dim view of people who appear to be 'greedy'. I originally had only £5 in - which is the cost of stamps for the letters. However, it appears that unless there is a fairly sizeable amount (does not appear to be quantifiable) in as a monetary amount, the sheriff officer does NOT see this as a "small claims" procedure...

 

Could we please open some dialogue about this?

[give_me_it_back]

Hi Puddock. I am still waiting for any response on my thread. But I have been thinking... I have statements from Abbey for the last 18 months, and their date for paying back this before I start action is up on 31st. I know we can't run 2 cases together, pr they may force us out of small claims. I think I will start action for recovery of the money I CAN prove first, then start separate actions after that for estimated amounts. I think we may be giving ourselves a headache with this Non Compliance thing.

 

It sticks in my throat, beacause I DID threaten them with DPA non compliance action, but I will write to IC (who takes ages anyway).

 

What do you think? Could you not just estimate the claim? If they disagree - they will HAVE to produce the information to prove otherwise..?

[deemacperth]

Why don't you just file the claim on moneyline against:

 

HBOS Plc (This is a Halifax address, but they are the same company)

PO Box 548

Leeds

LS1 1WU

Or

Bank of Scotland OR Bank of Scotland

14-16 Cockspur Street 23 Westgate

London North Berwick

SW1Y 5BL EH39 4AG

Issue it in your nearest English Court.

 

 

[deemacperth]

Sorry, that should be:

 

Bank of Scotland

14-16 Cockspur Street

London

SW1Y 5BL

 

OR

 

23 Westgate

North Berwick

EH39 4AG

[give_me_it_back]

Can we use moneyline in Scotland..? i don't know anything about moneyline.. I know England uses Moneyclaim, but we can't.. Am I missing something? Thanks for your help.

[deemacperth]

Look here Give it back

 

http://www.consumeractiongroup.co.uk/forum/scotland/19207-claiming-english-courts.html

[deemacperth]

Sorry, typo that should have been moneyclaim.

[puddock]

"give it back to me"

 

Sorry for the delay, have been away all day, just got back. I am still waiting on my SAR from HBOS. But have through the Jedburgh court raised an action against HBOS based on some of my charges, limited to under £750, for five years ago ( I found my old statements ). I have also included the non compliance details in with my claim for information purposes for the sherrif. I have also lodged a complaint with the ICO, who are taking my complaint to HBOS. The ICO documentation is also beneficial for my case. It would appaer that it is best to give the sherrif as much info as possible. With the ICO also working in tandem.

 

Your idea about estimating yor claim may not be too good, I am usnure. Best to speak with the clerk of court about that idea. But I would not hang about with the non compliance angle. Go to court with a definate claim , adding in your non complaince piece as well And do complain to the ICO, no matter how slow they are. It is all grist tot he mill for the sherrif.

 

As for our meeting up for a coffee. That would be a great idea, maybe next week sometime. I am based in Hawick.

[Movingon]

Your idea about estimating yor claim may not be too good, I am usnure. Best to speak with the clerk of court about that idea. But I would not hang about with the non compliance angle. Go to court with a definate claim , adding in your non complaince piece as well And do complain to the Information Commissioners Office, no matter how slow they are. It is all grist tot he mill for the sherrif.

 

The Clerk of the Court cannot and must not give you advice regarding the legal status or advisability of your claim. If you're unsure about submitting an estimated claim, and the advice here at CAG is not sufficiently authoritative, then take legal advice from an insured professional.

[give_me_it_back]

I'll pm you Puddock. Thanks for info Deemac. I do own properties in England.. so it might well be an idea... Thanks!

[Robertxc]

Why don't you just file the claim on moneyline against:

 

HBOS Plc (This is a Halifax address, but they are the same company)

PO Box 548

Leeds

LS1 1WU

 

Or

 

Bank of Scotland OR Bank of Scotland

14-16 Cockspur Street 23 Westgate

London North Berwick

SW1Y 5BL EH39 4AG

 

Issue it in your nearest English Court.

 

 

Registered office is:

Bank of Scotland PLC

The Mound

Edinburgh

EH1

(one of the most famous landmarks in Edinburgh)

[Robertxc]

I think solicitors for the bank/defenders would raise objections.

I guess I'll find out in about a week's time...:o