WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

[Kati]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Well done xx

Is it party time now??
:cheer2:

[tyke1601]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Full write up tonight! Now we've got to get everyone to put in a counterclaim - £35 fee = £1500 award!!

[Ivanidea666]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Fantastic well done!!....does this mean that I could now go on to make a counter claim for damages under data protection etc?

[EXC]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Fantastic well done!!....does this mean that I could now go on to make a counter claim for damages under data protection etc?

You won't be able to counterclaim as such as it's too late so you'd need to issue a fresh claim. The only thing is that if you look at the counterclaim in post #45 you'll see that there are 2 grounds for the counterclaim (towards the bottom). Unless you became a BPS customer since 1 October 2014 you can't use the first ground as those regulations weren't in place prior to then.

We don't know whether Tyke won his on both or just one of the grounds yet so hold fire till we do.

[tyke1601]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Here we go: So Ethan (my step-son, the Defendant & Claimant in this matter) & I get to the Court building for 11.40am this morning (hearing at 12pm). We go through security, register with Thelma, the lovely Court usher, and sit outside the room. For the next 20 minutes we’re keeping one eye on the door for the lanky one making a late entrance and the other eye on the two potential brawls that look set to break out over there. This is Barnsley. Security rush over, situation resolved!

The hearing was brief, not much more than 15 minutes (time split around 4 minutes Claim, 11 minutes Counter-claim). The judge started off by telling us which documents he had received (he metaphorically almost pinched his nostrils as he held up the BPS Witness Statement – he wasn’t impressed with it at all – said it was just a letter and loads of stuff printed off the internet). He went straight into the killer paragraph in our Witness Statement, the one describing where my step-son couldn’t ‘Pay Now’ as he intended to (and only could) pay by cheque at the Passport Office and simply closed the web page thinking that would be the end of the matter. The judge said that any alleged contract was terminated at that point. Claim dismissed. Game, set & match to us. Simple as that. No discussion on misleading website or anything else to that matter.

We moved swiftly to the Counter-claim and the judge confirmed that he had previously ordered it be found in Ethan’s favour without a hearing. He noted that BPS had made no representations on this at any stage or even acknowledged it. By the way, at no stage during the hearing did the judge refer to BPS’s non-attendance whatsoever.

The next five minutes were the judge telling us how he initially didn’t really know how to determine the quantum (the amount to be paid). He told us he had reached a figure he was comfortable with but didn’t reveal it immediately. He showed us a book that gave guidance on injury claims but he said there was nothing similar for our Counter-claim. He had taken private advice from colleagues. He said he didn’t feel the two cases presented to determine the level of damages were quite appropriate. He didn’t go into detail about how the award was applied i.e. how much for harassment & how much for data protection breaches but he definitely mentioned them both while talking about the overall award. He was satisfied that £1500 was appropriate although I feel if he could have gone higher by say having comparables of other higher awards he would have gone further.

He next spoke about Orders he wasn’t sure he could make such as Ordering BPS to remove all of Ethan’s data from their computers but that he would do it any way (he didn’t want to send us off in front of a circuit judge, he said this would be the proverbial sledgehammer to crack a nut). There should be more detail on this when the paperwork comes through.

The last minute of the hearing was about costs. He awarded £50 for a return train ticket to Newcastle and the £35 paid as the counterclaim fee. I didn’t want to appear greedy and ask for any LIP costs!

By 12.20pm I was already on the phone to LegalBeagle headquarters!

Happy to answer any questions on here or just to give advice. I’ll post the judgment on here as soon as it arrives. Anyone who has had their case discontinued or even had their case dismissed, I would urge you to look at the feasibility of issuing your own claim for damages. You never know, BPS might settle out of court!

Just to further demonstrate we have had the last laugh here (assuming the git pays up), I offered BPS £25 back in December to make this go away (Without Prejudice). What a plonker!

[Amethyst]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Thanks - that's better than I thought Sorry for swearing on the phone btw lol, I do get a little over excited with these things sometimes...

I wonder if there have been any judgments / damages awards off the back of the google case ( ie no damage has to be caused potential for damage is enough ) Vidal-Hall & Ors v Google [2015] EWCA Civ 311 - that might be more appropriate ref the DPA breach. ( summary thingy http://informationrightsandwrongs.co...lance-chasing/ )

Will have to dig about any other case law, particularly on the 2008 regs - they've only been in place since Oct 2014 so think we're more making our own case law with that one.

Actually are you ok to post the basics of this on the public thread ? I'm always a little wary of encouraging ''compensation culture'' as that's not what this is about, but seems the pocket is the only place to hurt the bugger, and if the thought of receiving damages encourages more people to stand up to him then all the better really.

[EXC]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Thanks, that was an enjoyable read!

We're all really pleased for Ethan.

It's a shame that the judge didn't break down the damages between the 2 counterclaim grounds but as you said at least he mentioned them both. The judgment will certainly come in handy for others.

Ethan's not the first case where the court held that no contract was formed in the absence of payment and so the misleading aspect didn't need consideration, so it's good your judge echoed that point. But of course the 'pay now' page is misleading in itself
as it implies it's the act which forms of the contract.

Sharon & Tom did you proud there and I know that they're both pleased as punched.

[tyke1601]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

I'll 'edit' a version specifically for Trickie Dickie to read. Maybe send him a little message too.

[Ivanidea666]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Yep great read....well done....what do you reckon guys...is it worth me making a claim against the w**nker for compensation?....I've got the time and motivation if you reckon I could get away it...

[Mandid]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Fantastic news, wonderful victory well done to you and Ethan.

[Amethyst]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

[Mandid]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

The question is has he paid up?

[EXC]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

The question is has he paid up?

Nope.

[wales01man]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

SEND IN THE HCEOs

[tyke1601]

Re: WON !!!! tyke1601 vs BPS - Hearing 1st June - WON COUNTERCLAIM DAMAGES !!!!!!

Quick update about our case which was won on 1st June. Today we heard that BPS has been refused permission to appeal against the outcome. They have 7 days from August 19th to request an oral hearing to try to get permission. Do we think he'll bother travelling up to Sheffield to get another kicking?