• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Are these legal cases difrent?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Are these legal cases difrent?

    A few years ago I took action against Nat West and RBS having discovered problems with my credit reference. I only found out when I attempted to obtain credit and buy a remote flash for my camera. What happened was that I took them to the county court and the claim was that I wanted compensation for £280 for the flash that I was unable to obtain as a result of my credit report. Looking back this had to be the worst case ever and as I was unemployed had to do it all myself. I did not discover your forum at that point but later posted on it.
    What happened in court was unusual. The county court judge was convinced that they had treated me badly and wanted me to supply a figure for costs. I was wrongly advised that I could charge a layers rate for calls and letters. It is my opinion that if I had given a reasonable figure I would have got it based on the way I had been treated. At the end the Judge turned to their barrister who was claiming £400 and was told that he would get nothing because of the way his client had treated me.

    I could do with your advice on this next bit. I obtained a letter from the ICO finding that they had broken the data protection act. They admitted in a letter and offered me a £350 in compensation. I had spent 20 hours on the phone which I recorded and lots of letters were posted. This came to more than £350.

    With this last statement could I take them to court about the damage they had done to my credit report, there denials initially followed by an admission and an award of £350. The thing is I see this as a totally different issue. In the first case It was about the cost of a flash which I was unable to buy but as it was stated as I did not buy the flash I was not out of pocket. This time it is about my credit reference and the findings of the ICO.

    I wrote to them a very polite letter stating that I would be happy to sign a confidentiality agreement at accept £80 which I felt was reasonable after 2 years of fighting them. They replied that they were satisfied has they had a ruling in their favour (No £400 though).

    I would like some guidance on this issue please.
    Tags: None

  • #2
    Re: Are these legal cases difrent?

    Hi,
    You say " some years ago" how many years ago was this?
    Did you accept the £350.00 offered?

    nem

    Comment


    • #3
      Re: Are these legal cases difrent?

      As regarding the £350 they only offered to pay this after 8 months of battling with the FOS and the ICO. When finally the ICO ruled in my favour they offered this money. I had made over 20 hours of telephone calls lots of SARs at £10 each and lots of letters. The cost of which was more than the £350. They would not take this into consideration soy I turned it down.

      A case was heard in York county Feb 2014 court my Submission but my claim was for compensation was for the cost of the camera flash that I wanted to buy and as a result of my credit reference I could not. It was successfully ruled that I did not loose any money.

      However based on the fact that the ICO had ruled in my favour that they had broken the data protection act. I have recently thought of taking them to court on this ground and claiming all costs that I incurred in my fight against them. I suffered depression as a result of this which was evident in the court room back in 2014. I have a signed medical report to this effect.

      Data protection act Section 13 (2)
      Compensation for failure to comply with certain requirements

      An individual who suffers distress by reason of any contravention by a data controllerof any of the requirements of this Act is entitled to compensation from the datacontroller for that distress if—
      (a)
      the individual also suffers damage by reason of the contravention, or
      (b)
      the contravention relates to the processing of personal data for the special purposes.

      As I did suffer depression, anxiety and loss of sleep, does this section help as well?

      Comment


      • #4
        Re: Are these legal cases difrent?

        In addition to asking the above. I have been in contact with the ICO over the data protection act. I am allowed to record the banks conversations without telling them. I can use their documents and audio recordings in any way I like. Sending them to newspapers or publishing them on the internet. Because of the complexity of what they did, I created a website telling my story and publishing the letters and phone calls. I haven't used this yet as a bargaining tool but if you are interested to have a brief look.

        rbs.des-otoole.co.uk

        Name Bankers (Case sensitive)
        Key: testcase (Case sensitive)

        I cant think how they could stop this.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse

        Support LegalBeagles


        Donate with PayPal button

        LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

        See more
        See less

        Court Claim ?

        Guides and Letters
        Loading...



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Working...
        X