Part 18 Request for Information - Refused to provide. How shall i proceed?

[smith69]

Hello All,

I am the defendant of a claim. The claimant has made reference to terms and conditions and state they are different to the copy I have and states my LTD co has breached the data protection act.

The claimant failed to provide the terms and conditions he wishes to rely on and what parts of the DPA we have broken in the LBA and even when I replied asking he refused to provide. Subsequently he started a small claim for £430.00 against us failed to mention in the particulars of claim what the breach of DPA was.

I requested in a part 18 cpr request for him to provide a copy of the terms and conditions he wishes to rely on and for him to clarify what part of the DPA he believes we have breached.* He replied 10 days later (so within the 14 i requested) and stated my request breaches the part 18 cpr requirements and that he will not be providing the information.*

The request has all the required headers etc so i am unsure how i have not followed this.

He has not served a copy of his response to the court and his response to me was via email.

Please could someone confirm what form number I should complete and what the fees are to have the court make an order for him to provide these? I called the court earlier today they said go to the CBA (they did not have a clue what i was on about and told me to get a solicitor).

*

[smith69]

Also what are the sanctions if he fails to reply to the court order if one is made for him to provide this?

[jaguarsuk]

You can apply to the court to order disclosure, but if he then fails you would need to further apply to strike out the claim.

Dependant on what is in the Particulars of Claim (type them out or show a pic with personal information removed) I'd be inclined to apply to have the claim struck out on the grounds that it discloses no legal basis on which you are liable to the claimant as alleged and consequently pursuant to CPR 24.2(a)(i) the claimant has no real prospect of succeeding on the claim.

Application is on from N244, costs £255. As well as the above in part 3 of the form add 'costs of this application to be paid by the Claimant to the Defendant.'

There is a risk though, if he is successful in defending your application he can ask for his costs for doing so and they are not limited for applications, so if he instructs a solicitor it could be a lot.

[smith69]

You can apply to the court to order disclosure, but if he then fails you would need to further apply to strike out the claim.

Dependant on what is in the Particulars of Claim (type them out or show a pic with personal information removed) I'd be inclined to apply to have the claim struck out on the grounds that it discloses no legal basis on which you are liable to the claimant as alleged and consequently pursuant to CPR 24.2(a)(i) the claimant has no real prospect of succeeding on the claim.

Application is on from N244, costs £255. As well as the above in part 3 of the form add 'costs of this application to be paid by the Claimant to the Defendant.'

There is a risk though, if he is successful in defending your application he can ask for his costs for doing so and they are not limited for applications, so if he instructs a solicitor it could be a lot.

POC's read:

THE DEFENDANT PROVIDED ME SERVICES, I CANCELLED THE SERVICE BUT THE DEFENDANT BILLED ME FOR ANOTHER YEAR. THE DEFENDANT THEN CHASED ME FOR THE YEAR PAYMENT WITH NO LEGAL BASIS FOR DOING SO, I GAVE A WEEKS NOTICE TO CANCEL AS THE CONTRACT REQUESTS. THE DEFENDANT CALLED THE POLICE WHEN I KEPT PHONING TO SPEAK TO THEM ABOUT THE BILL AND REPORTED ME FOR HARASSMENT, WHICH I DID NOT DO. THE DEFENDANT CONTINUED TO CHASE ME FOR PAYMENT AND HAS BREACHED THE CONTRACT AS THEY DID NOT GIVE ME A REMINDER EMAIL, THE DEFENDANT HAS ALSO BREACHED THE DATA PROTECTION ACT I WANT COMPENSATING FOR THIS. I HAVE LOST TIME FOR DEALING WITH THIS, HAD FALSE REPORTS MADE AGAINST ME AND BEEN HARASSED FOR PAYMENT AND WANT COMPENSATING


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We did report the claimant to the police after they sent an email threatening to smash our windows. Do you think i should apply for strike out and not request an order for the additional info?

[jaguarsuk]

We did report the claimant to the police after they sent an email threatening to smash our windows. Do you think i should apply for strike out and not request an order for the additional info?

Have you filed a defence?