couple of questions

[strangewayofsavin]

Just about to be paid out by DG solicitors on a claim beyond 6 years with HSBC, this one is quite small £1200.00, but have several other accounts going back to 1987, and will go for CI, as it's more difficult to defend the biggies after paying up on the littl'n, couple of questions.
1) should I combine all accounts, even though the LBA's went in slighty different dates, or keep them individual?
2) seeing as I have only got 25% of the statements, and they will not give the others, even with a SAR, should I estimate the rest seeing as I am going for CI?
3) whatever the answer to 2, could I write into the POC, the fact I want the rest of my statements, when they submit a defence, I go for having it thrown out as they did not defend on the first claim, so request the judge to get them to agree they will turn up and defend, when they don't and I get awarded a default win, would they have to supply the statements, or would they have to lie to a court that they don't have the info, and when the info finally turns up kick their butts for tellin porkies?
Just thinking out aloud on number 3, just thought it would save time, by not having to take them to court for non compliance, waiting 3 months, to maybe get a result, and then recomence the claim. 2 birds with 1 stone, not sure its possible, but seeing as people get the charges back and defaults removed in the same POC's, thought I would give the idea a whirl.

[Amy]

1. What amounts are we talking about for all your accounts?

2. Have you sued them for your statements or have you only sent the SAR?

3. See #2.

[strangewayofsavin]

1) 2 accounts going back to 1987, both added together with simians spreedy just over £55K (estimated)

2) done SAR, follow up, and non compliance.

[Guest]

... and will go for CI, as it's more difficult to defend the biggies after paying up on the littl'n

How so?

Any payment made to you will have been as a gesture of goodwill and made without any admission of liability and therefore will have absolutely no bearing whatsoever on any future claims that you may make or any amounts that they may decide to pay.

As for the rest of your post, if you were trying to make your claim as difficult as possible and with as little chance of success as possible then I would hazard a guess that you have just about done it with this one.

You want to claim for beyond six years, an estimated amount and add contractual interest to that sum? Not only that you intend to combine a claim for this estimated sum with a non-compliance claim and then move to strike out their defence and go for a judgment in default - well, good luck!

In addition, all of this will be heard on the Multi-track as your claim will be in excess of £55k where you will be subject to unlimited costs should you lose.

There have been numerous cases where banks have denied the existence of documents, such as statements and the Courts have taken them at their word - not only that, you are not actually entitled to statements per se, but "data" and if the bank do not have it and are prepared to state under oath that they do not, then what will you do?

As the claimant, it will be up to you to prove that they do, he who asserts must prove or at least present compelling evidence for the assertion. The bank are not obligated to disprove a claim when that claim is lacking in evidence that would support it. How do you intend to prove that the data exists?

I do not wish to appear negative, but this will not work - you simply cannot make this claim and expect it to be taken seriously much less to get paid.

If you believe that HSBC have the data, then you must use the DPA in order to obtain it, the Particulars of Claim for a non-compliance claim are in the library, use them and file a claim for non-compliance.

Once you have done that, you may move to the next stage.

[strangewayofsavin]

Hi Cetelco, many thanks for your comments, I did say in the 1st post I was thinking out aloud, o.k, so the answer is keep the claims seperate, and go for the information 1st, but if like you say they don't have it or tell the court they do not, why waste my time and money chasing the info?
and the reason I was going for an estimated claim was because they will not supply the info.
On the information issue, I have in my possesion a copy of a statement, and a letter sent in 1996, it is on micro fische, the fact that in the SAR I asked for proof of how any info was destroyed, and on what date (in the template letter so assuming they have to oblige), which they never did. So seeing as they did have it on fische, and have not provided the evidence of destroying it, how would that stand?
Claiming beyond 6 years and CI is a new thing for me, and up to now I have had nothing apart from conflicting advice (this is why I will only use 1 site from now on this one).

[strangewayofsavin]

Also with ref to the GOGW payments, people have on 2nd claims with a bank, managed to get the an order from a Judge, asking the bank to sign to say they will show up and defend, After the order the banks solicitors have coughed up, as they were not willing to sign it (just what I read).

[Glenn UK]

if the bank haven't supplied data they hold then they are in breach and your logical recourse is via sec 13 and 14 of the DPA and seek damages for their refusal to supply the data.

The problem is proving they do in fact hold such data.

The data controller is not obliged to provide you with proof of the destruction of any data, at least as far as i can tell from reading through the act, if anyone can point to a para which says they do, id be obliged for the pointer since i cant find it.

When was the fiche letter you have sent to you, was it in 1996 or was it more recently?

If you have proof that they do in fact hold data to which your entitled you could always use the evidence you do have to estimate the amount of damages you should be paid, although this is not without risks either.

I am in the process of pursuing HSBC, nee Midland in respect of a long ago account, they initially asked me for proof of identity and i visited the bank to provide this, i have evidence they do hold data on me although they have now said they cannot even find my account details.

I am going to use the DPA and claim for damages based on the evidence i do have combined with the statements i have.

Glenn

[strangewayofsavin]

Hi Glenn, Just dug them out, the letter was sent Sept 1996, the Fiche statement copy is for Feb 1996, so would this prove they enter account info on to Micro fishce somewhere between 2 and the 6 month intervale, in all probability they may still do the procedure, There are 3 Micro fishce printouts of statements that I have The one mentioned had a letter from Midland, with a ref: fiche, dear **** further to your recent inquiry, i am pleased to enclose the relevant information you requested BLa bla.
The other 2 are Micro Fishce statement duplicates from early 1996 on another account.

[Glenn UK]

what i was wanting to know is when you received these fiche documents?

In essence if they sent them to you yesterday that would be useful, if they sent them to you in 1996 then they're next to useless on their own.

The reason behind this is that you need evidence not only that the documents were stored, but that they are still stored today, or at least that they were destroyed simply because you made a SAR for them.

Even if they destroyed them post receiving your SAR, if that destruction was in line with an established policy then its unlikely they would be considered to have committed a breach of the DPA, by the ICO at least.

It may be that the last statement should be caveatted since there is clearly room for difficulties if they held on to your SAR for a period of time until they reached the policy deadline for destroying your data but that again would have to be proved.

HTH

Glenn

[strangewayofsavin]

So as per 1st post, pretty much pointless, taking HSBC, to court for non compliance then, so will stick with a single claim at a time, estimated, with S.69 interst at court stage, or with the info we have including CI.