Help with IAS Appeals process

shawon007

Hi guys,
I've written up my detailed documents and sent them to the courts and the claimants solicitor.
Less than 24 hours after I sent them the solicitor came back to me saying the claim has already been discontinued and the hearing vacated! 
Really annoyed all that time was spent and I couldn't have my say or get compensated. Is there anything else I can do at this stage (I have already called the courts and they confirmed the claim has been withdrawn and hearing vacated)?

Were_Doomed

As they have vacated the claim then they are essentially admitting they had no claim against you. As such they obtained and processed your data without just cause, so you could raise a claim against them for misuse of your data under GDPR.

In any case, send a data rectification notice to all parties (PPC, debt crawler, solicitor) that they must erase (use that term) all your data as they have no longer have any lawful reason to retain it.

KeithP

You would be wise to check that with the court.

You could also ask the Claimant why they did not serve a copy of the Notice of Discontinuance upon you, as they were required to do.

Were_Doomed

KeithP said:

You would be wise to check that with the court.

You could also ask the Claimant why they did not serve a copy of the Notice of Discontinuance upon you, as they were required to do.

OP says they already checked with the court - it's true.
Also, they say the solicitor came back, just not how they came back. (It may have been by serving the copy of the Notice). But your observation is valid if they simply sent an email without attaching the Notice.

Coupon-mad

ANOTHER UKCPM / GLADSTONES ONE BITES THE DUST!

shawon007

Apologies - I was notified by the Claimant's solicitors by email as a reply to me sending my evidence / WS yesterday. The email only contained those words "Please be advised this Claim has been discontinued and the hearing will be vacated.". No formal notice whatsoever. 

I asked the court when did the claim get discontinued and they said on the 18th of Nov! Funnily enough in the form N157 the Claimant was told by the Court to pay the court trial fee by the17th Nov otherwise the claim will be struck out. Not sure whether they didn't pay or whether they told the Court to discontinue.

Either way - a big thank you to all on this forum. If there is a way I can help out I will.

beamerguy

Amazing and good news

Failure to turn up in court of late, discontinue, bad traits for Gladstones
Are we witness to the demise of Gladstones

nosferatu1001

They lost again!
you certainly could look into a claim for gdpr breach. Assuming they looked up,your details from the dvla. 

shawon007

Another update. After I thought the matter was settled, their Claimants' solicitors have come back to me recently via email. 

They titled it without prejudice save as to costs and basically confirmed their client has instructed them to discontinue. Then they mention they want a "drop hand" settlement so I bear my own cost and they do theirs. I have a couple of weeks to respond.

Is this part of the normal procedure and does it have any legal weight? I mentioned earlier in the thread that I want my costs covered since they decided to discontinue but cannot get it from the courts. Do I mention this to them now?

Le_Kirk

If the claim (assuming it is the same one) has been discontinued and you have this confirmation from the court, it seems like either a try-on or a letter that was produced but sent late by the "back office" staff.