Not the Keeper nor the Driver

GrannyKate

@Pullmyfinger88 - whatever the outcome of the case I think it is important for you to be aware of any third party that is holding incorrect data on you.  Likely to be a third party data seller or credit reference agency I guess.  I would complain to the ICO stating that they have refused to tell you the source of their incorrect data and have invoked an inappropriate exemption to do so.  

According to on line sources Ms Stokes has worked there 7 months - not sure where she was before or whether she has any actual legal training particularly in this highly specialised field. 

Coupon-mad

 I would complain to the ICO stating that they have refused to tell you the source of their incorrect data and have invoked an inappropriate exemption to do so.  

I agree.  The OP should do that after this WS bundle has been filed & served.

Pullmyfinger88

Wow, thanks @Coupon-mad. I thought I was done but I’ve lots more to do now. Thank-you for your kind input.

The golden nugget wasn’t marked “without prejudice”, luckily, it came in an email 🤣

Is there a clever way that I can hint that the filing of the counterclaim was what stopped them in their tracks, without referencing the “without prejudice”
 letters? 😞 as I said, it was the only thing that was going to get their attention and it worked instantly, it seems unfair that I can’t highlight it as it goes towards their vexatious use of the court system.

Pullmyfinger88

Thanks @GrannyKate. I did contact the ICO right at the start but never heard back. I will get onto them as soon and my bundle has been sent.

Coupon-mad

Yes I think you can say that the counterclaim seems to have been the only catalyst to finally make the C take the matter seriously. Yet they still haven't bothered to apologise nor discontinue their claim (yet) although you are expecting that as their next move any day.  

They appear to be waiting to see who blinks first and are likely hoping their 'prey' consumer Defendant/counterclaimant won't realise that when the C discontinues, the hearing fee must then be paid by you.  Be ready!

Talk about them changing tack only after the Counterclaim and how their (whose?) Data Protection Officer admitted in writing on DATE/2024 "blah blah ... mistrace".

Don't forget a costs assessment sheet (signed and dated) including a hearing fee for your £900 counterclaim if you end up paying for that.

Pullmyfinger88

Do you have to be discriminated against for vento bands to be relevant or are they purely for hurt feelings, whatever the cause? Or should I use them as a reference to where I’m getting my £900 from? ie the bottom of lower band.

Coupon-mad

Do you have to be discriminated against for vento bands?

Nope. They have been used in other cases  as a reference to compensation levels for distress.

 ie the bottom of lower band.

Except the bands have gone up!  Used to be £900. Not any more.

So taking into account that fact and VCS v Ferguson, your £900 is modest. 

Pullmyfinger88

Coupon-mad said:

Yes I think you can say that the counterclaim seems to have been the only catalyst to finally make the C take the matter seriously. Yet they still haven't bothered to apologise nor discontinue their claim (yet) although you are expecting that as their next move any day.  

They appear to be waiting to see who blinks first and are likely hoping their 'prey' consumer Defendant/counterclaimant won't realise that when the C discontinues, the hearing fee must then be paid by you.  Be ready!

Talk about them changing tack only after the Counterclaim and how their (whose?) Data Protection Officer admitted in writing on DATE/2024 "blah blah ... mistrace".

Don't forget a costs assessment sheet (signed and dated) including a hearing fee for your £900 counterclaim if you end up paying for that.

Ok, brilliant, thanks, I’ll change it to read like that 👍👍👍👍

Yes, the £27.50 fee?😱  I called the court about that as it read along the lines of  “if they don’t pay it, then their claim AND my counterclaim is thrown out”, which hardly seems fair? The court said that they have to pay it and didn’t warn me that if they didn’t, I can pay it to keep it alive so thank-you.

I guess I take the cost assessment sheet along on the day?

Pullmyfinger88

Coupon-mad said:

Do you have to be discriminated against for vento bands?

Nope. They have been used in other cases  as a reference to compensation levels for distress.

 ie the bottom of lower band.

Except the bands have gone up!  Used to be £900. Not any more.

So taking into account that fact and VCS v Ferguson, your £900 is modest. 

Yes, they’re getting away lighty and it is modest but above £1000 the counter claim fee went up again so I kept it at the lower end. 🤣🤣🤣

thank-you again. I did mention it in my defence and counter claim but got scared off from using it by their defence to my counterclaim, I’ll work it back in.

Coupon-mad

Pullmyfinger88 said:

Coupon-mad said:

Yes I think you can say that the counterclaim seems to have been the only catalyst to finally make the C take the matter seriously. Yet they still haven't bothered to apologise nor discontinue their claim (yet) although you are expecting that as their next move any day.  

They appear to be waiting to see who blinks first and are likely hoping their 'prey' consumer Defendant/counterclaimant won't realise that when the C discontinues, the hearing fee must then be paid by you.  Be ready!

Talk about them changing tack only after the Counterclaim and how their (whose?) Data Protection Officer admitted in writing on DATE/2024 "blah blah ... mistrace".

Don't forget a costs assessment sheet (signed and dated) including a hearing fee for your £900 counterclaim if you end up paying for that.

Ok, brilliant, thanks, I’ll change it to read like that 👍👍👍👍

Yes, the £27.50 fee?😱  I called the court about that as it read along the lines of  “if they don’t pay it, then their claim AND my counterclaim is thrown out”, which hardly seems fair? The court said that they have to pay it and didn’t warn me that if they didn’t, I can pay it to keep it alive so thank-you.

It will be higher for a £900 counterclaim but yes, you pay the applicable hearing fee if they discontinue.

I wonder if they've already discontinued BTW?  When you email your bundle I would phone the local court the next day and ask if the Claim "has been discontinued without telling me, or has the C not paid the hearing fee, and if so, I need to pay the hearing fee please."  Don't take no for an answer. 

I guess I take the cost assessment sheet along on the day?

Nope. The week before the hearing is about right.  Then you can attach a receipt for both the filing fee and the hearing fee you paid.  And proof of taking a day off work as you are entitled to that cost. And travel or parking!