Data Protection Damages Claim section 13.1

[willi01]

Hi.
I'd appreciate some advice - i brought a claim against my mortgage provider, nram in the county court, for damages under the DPA 1998, section 13.1
The background to the complaint was that nram had recorded late payments and defaults in error on my 3 credit files with Equifax, Callcredit and Experian - and despite agreeing to remove them, didn't. It took 8 months to have them removed. I brought a claim for the cost of telephone calls which in total was 22 hours and loss of earnings from work as with stress, i had 2 weeks off, and pursued a claim in the county court. Nram filed a strike out claim on the grounds that it had no prospect of success and we had a hearing on 21 May. I attended and so did their counsel, but no decision was made. A decision came out on 5 June and they were successful in their claim to have the case struck out on the basis of no real prospect of success. They also have a costs order although i have not agreed to it as its for £9,000. The claim was for around £3400.
I want to appeal and am awaiting my solicitors appointment, but could do with a point of law steer for the appeal. Plus, could someone advise how to argue costs which I think are disproportionate to the amount claimed. The case had not been assigned a track so wasn't in the small claims track yet.
Any advice would be greatly received.

[stevemLS]

Re: Data Protection Damages Claim section 13.1

You can ask the court for a "detailed assessment" of the costs. Look at part 47 of the CPR and its associated Practice Direction.

There is a time limit of 3 months from the date of judgment to commence proceedings.

Essentially what has happened is that you lost the case, the court reserved judgment and sent it out at a later date, the other side will have put in a schedule of costs (I THINK you should have received a copy of it).

I don't know of any point of law that will assist you in an appeal - are you proposing to run a Court of Appeal case yourself? Don't underestimate just how difficult that will be.

What level of judge decided the case, if it was a DJ I think you appeal to a circuit judge still in the county court.

[willi01]

Re: Data Protection Damages Claim section 13.1

Thanks for your reply. Strike out application was heard by a deputy district judge on 21 May and decision came on an order dated 5 June.
Ive revieved a letter asking to agree to costs or make a proposal to pay by 24 June.
Deadline to appeal is i believe 21 days from 5 June, so 25 June.
If an appeal is made does that halt the costs order until the appeal decision?
Any advice appreciated.
Also, is there any other law that a claim to recovery costs back for phone calls, postage and inconvenience can be brought under?

[willi01]

Re: Data Protection Damages Claim section 13.1

There was a case in the court if appeal this year http://www.panopticonblog.com/2015/0...p-section-132/

I think this is relevant in my case and could form the basis of my appeal, could someone provide a view?
Thanks

[stevemLS]

Re: Data Protection Damages Claim section 13.1

I beg your pardon I was talking nonsense about the Court of Appeal, only in limited circumstances do you go straight from county court to CoA.

In any event, your case was dealt with by a DDJ so appeal would be to a circuit judge.

CPR47.2 provides that there is no stay of costs proceedings where there is an appeal although you can make application for such a stay.

If you were to attempt to reformulate the same claim on the same facts but in a different way, it is likely to be regarded as an abuse of process by the court and struck out on that basis.

[willi01]

Re: Data Protection Damages Claim section 13.1

Is anyone able to give an opinion on the court of appeal ruling this year that i posted earlier in terms of relevance to my case, could I use this as the basis for an appeal.