*** WON *** Mandid v BPS - HEARING 3rd AUGUST ** WON ****

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Hello, I really need to put my foot on the gas with this as I have been putting it off with all the family stuff that's been going on. I have started to type up my witness statement using the link above of the draft. Is that still the one to use? I am unsure if I quote my exhibits at each point? what are bundles are they the same as exhibits? and do they get sent with this witness statement. Also is it too late for me to put a counter claim in? I am not really interested in making money out of this as the stress is making me quite ill but if it is what he deserves and is not too late then I will. I think I didn't tick the counterclaim box as didn't really understand it. When I have typed up my draft witness statement shall I post it here or email it Amethyst? It has to be submitted by next Tues 9th June at 4pm.

Any help vastly appreciated
Thankyou

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

You COULD put in a counterclaim as you didn't use the website until January 2015. You'd have to get the court's permission to enter a counterclaim - which means an application I believe so it may not be all that easy to add it in now...Let me have a think about that.

Do you feel like you have been harassed over this and has the breach of data protection made you concerned over identity theft ?

http://www.legalbeagles.info/forums/...613#post519613 is the basics of the WS so have a go and post up or email it to me and we'll go through it together.

The bundle is basically the Witness Statement and Exhibits - the Exhibits will be things like emails, texts, letters you have had from BPS. I have some other useful bits but if you concentrate on the what happened when, how etc in date order I'll help you get those bits in place.

I'll email you a couple fuller examples to help.

Sharon
xxx

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

ok cancel that - Remote host said: 552 5.1.1 Boite du destinataire pleine. Recipient overquota. OUK_417 [417] - lol - do you have a different email address ? ( email me or pm me it pls )

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

To submit a counterclaim now would cost £75 - £50 application and £25 court fee. You can do it as you used the site in January. It shouldn't mean an additional hearing and as we still have two months before the claim hearing we have time.

It'd be along these lines

________________________

COUNTERCLAIM
________________________
Counterclaim under the 2008 Regulations

The Defendant Counterclaims for the alarm and distress which has been caused by the Claimant’s misleading actions under Regulation 27J of the 2008 Regulations. Specifically, the misleading actions of the Claimant in breach of the 2008 Regulations caused the Defendant to enter into the alleged Agreement, which resulted in:

harassment of the Defendant by the Claimant for payment of monies which are not due; and

the alarm and distress associated with the foreseeable Claim and court proceedings which the Claimant has brought against the Defendant.



Counterclaim under the Data Protection Act

The Claimant has made the Personal Data of the Defendant freely available through the internet without any controls over who can gain access to that Personal Data. The web address which contains that Personal Data is printed on the Claim Form, send to the customer by email, and has been submitted to (and disclosed to) Her Majesty’s Court Service through the County Court Bulk Centre. Unidentified third parties can also access the Personal Data without any controls if they can guess the correct web address.
The link to individual contracts is sent out by email to individual customers. To access any of thousands of other customers private details all that is required is to change one or two letters in the URL given.

The Personal Data, as defined by section 1(1) of the Data Protection Act 1998, includes the Defendants:
Full name;
Home address;
Home telephone number;
Mobile phone number;
Personal email address;
Gender;
Date of Birth
Town of Birth
IP Address
Signature

The Defendant did not consent, and does not consent, to that Personal Data having been made, or continuing to be made, freely accessible through the internet.

The Claimant, in making that Personal Data freely available through the internet, has breached the First, Second, Third, Sixth, Seventh, and Eighth Data Protection Principles, as set out in s.4 and Schedule 1 of the Data Protection Act 1998.

The Claimant has failed in its duty to comply with the Data Protection Principles, contrary to s.4(4) of the Data Protection Act 1998.

The disclosure of the Personal Data, which has been disclosed on the Claim Form and has been made freely available through the internet, provides sufficient information to place the Defendant at serious risk of identity fraud. This disclosure of Personal Data and the risk of identity fraud has caused the Defendant distress, which has come about by reason of the Claimant’s contravention of the requirements of the Data Protection Act 1998. The Claimant therefore claims compensation under s.13(1) and 13(2) of the Data Protection Act 1998.

Furthermore, the Defendant seeks an Order of the Court:

requiring the Claimant to remove all Personal Data relating to the Defendant from any servers which are accessible through the internet and without sufficient controls to protect the Defendant’s Personal Data from being disclosed to third parties; and
prohibiting the Claimant from placing any of the Defendant’s Personal Data on any servers which are accessible through the internet and without sufficient controls to protect the Defendant’s Personal Data from being disclosed to third parties.

The Defendant’s Counterclaim for damages under the Data Protection Act 1998 and/or the 2008 Regulations is claimed at such a level that the Court deems appropriate in light of the Defendant’s alarm and distress and the Claimant’s wilful breaches of the Data Protection Act and/or the 2008 Regulations. In any event, the Defendant does not expect the value of the Counterclaim to exceed £300.


Interest

And the Defendants claim interest at the standard rate of 8%;

In the alternative the Defendants claim interest at a rate to be determined by the Court.


Costs

The Defendant Claims all costs in the claim and counterclaim, which have been incurred as a result of the Claimant’s unreasonable conduct in bringing this claim.

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Got all the extra exhibits from you this morning thankyou very muchly x will have a go at putting all in one email when hubby comes home and doing the signature. Sorry I hadn't seen these recent messages as I seem to have stopped getting email alerts when there is any activity on LB about BPS. I thought things had gone quiet now I realise I have been missing all the action ��

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

I have just realised I have forgotten something, the reason the appointment he made no longer exists on the HMPO system is because I rang the HMP on the 7th Jan when I got the first BPS letter with an appointment time and date which didn't have a booking ref number.

It was confirmed by HMPO that there now was a second appointment on their system and I got them to cancel it which results in it no longer existing. Do you think I need to add this in to my WS?

- - - Updated - - -

When do I get to see his witness statement is he supposed to send me a copy? Also should I have included a screen shot of a breakdown of his invoice charges as we haven't.

Brain is whirring with late after thoughts sorry.

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

It's okay you'll have after thoughts until the day of the hearing.... I know I do.

We can still add to your witness statement, no problem. Add a paragraph about the overdue invoice charges and refer to the exhibit - particularly mention the incoming email charges (ie when you wrote to him and he charged you £5) you can refer to the exhibit in para 13 too.

Also Para 18

18. On the same day 7th Jan I received an appointment from them in my post to attend The Liverpool passport office for exactly the same time and date I had already made myself 19th Jan at 12.30pm. Their paperwork however did not quote an official passport office appointment reference number. (see exhibit H).


When you book your own appointment at the HMPO they do send you a text to confirm it with the booking number - it usually appears in the same chain of texts as from BPS - you can tell the difference as the HMPO do quote the 0300 number in their texts....

eg.



Top message is from BPS, bottom is from the HMPO.

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

When do I get to see his witness statement is he supposed to send me a copy? Also should I have included a screen shot of a breakdown of his invoice charges as we haven't.

Yes you will get a copy of his witness statement about the same time he gets yours.

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

I didn't get this text at all off BPS and strangely I never got a text off HMPO with the ref of my own appointment I made even though they said I would and I provided my mobile number. Maybe the advisor took my number down wrong.

- - - Updated - - -

Oh right so I don't have to send him my witness statement and the exhibits because I was going to whoops good job I asked. So the court send him my witness statement and vice versa?

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

You do have to send him a copy of the witness statement - he does appear to be accepting service by email so you can email it to him - and he has to send you a copy of his. One copy to him and one copy to the court. If you call the court when you are ready to send it you can check if they have received his at the same time as checking their email address and letting them know you are emailing it. Put the claim number and Witness Statement for hearing on x/x/xxxx in the subject of the email.

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Morning Amethyst,

I took a little brain break from thinking about this for a week, I'm very bad with my nerves right now so not really thinking straight and able to focus. He should have paid his fee by yesterday June 16th, do I ring up the court to ask if he has done that?

Also a letter came on Monday from the court and now I am a bit confused, remember the last letter said my hearing was set for August 3rd well this letter says the hearing is August 25th? Can the court do that just change the date willy nilly?

It also says that by 4pm on July 10th the Claimant shall serve a comprehensive witness statement setting out the losses alleged and attaching copies of any documents relied on.

By 4pm on July 24th the defendant shall file and serve a counter-schedule of financial loss and in default will be deemed to have accepted the Claiment's schedule.

I don't want to leave anything last minute because my nerves are in such a state I think last minute pressure will make me crumble. Help and advice appreciated,

[EXC]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Hi Mandid.

I'd wait a few more days to call the court to find out if he's paid the hearing fee as courts often allow the claimant to pay a day or two late.

Can you send the letter you had from the court to [MENTION=6]Amethyst[/MENTION] at admin@legalbeagles.info

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Yes please email me the letter Mand xxx

This is very interesting

By 4pm on July 24th the defendant shall file and serve a counter-schedule of financial loss and in default will be deemed to have accepted the Claiment's schedule.

Don't worry about anything okay we're behind you all the way, need to see the full order to make sense of that fully though - am just going to have a read back through your defence now.

I'm not sure if you sent the witness statement or not, I know we prepared it- did it have to be in for June 10th ? ( sorry )

If we did then it will be because of what we wrote in the Witness Statement.

[Mandid]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

Ok I will email the letter over, yes I did send the witness statement and all the exhibits. Hubby got back late and was so tired he just ended up helping me copy and number all the exhibits as he said it would be quicker than trying to copy and paste them into your doc. Plus the images of my phone texts were quite poor. We then ran out of ink and ended up having a domestic with the stress it was putting on us. At one point I just cried and felt like paying him, I hate RH he really is vermin!

We ended up taking it all down to court on the deadline day and put it in a drop box. I felt a bit uneasy doing this as I wanted somebody at court to give me a receipt or something but we had no choice. I rang two days later and the case handler said there was no record of them receiving it but not to worry as the department that empties the drop box sometimes takes a few days to process what was in the box and as long as it was in that box before 4pm then it would be fine. He said everything gets date stamped as received that day as long as it was in there before 4pm. We took it at 12pm, i should ring back really and just check they had it on time.

So is my court letter unusual? And the change of hearing date? Xxx

[Amethyst]

Re: *** Mandid v BPS - HEARING 3rd AUGUST

It sounds like the judge has read your witness statement and decided to make this new order and put the hearing date back a little to allow enough time for Richard to send his statement and for you to respond. I think its a positive thing xxx