Hello my name is ***** ***** I will help you with this.
What is it you want to achieve?
Did you actually suffer any loss please?
Ok - but once the debt is split, what loss would you suffer/
And do you know they were turned down because of this?
How much do you want to claim from them?
How much do you want to claim and when you say you lost many applications, how many?
So is it loss of chance rather than any actual loss?
Yes I understand that there was no permission.
I dont think you can claim more than £100,000 in compensation though
Here is the process
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
f they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Section 13 of the Data Protection Act states
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
The Court will list the matter for a hearing and decide what compensation to give you
Can I clarify anything for you about this today please?
You would be claiming loss of chance
Yes the Court would place a number on that value
I can't say. It depends on what it was worth to you
I do not think £325 is reasonable.
But I don't think your claim would be worth a great deal
To give you an idea someone who has an actual injury, ie whiplash for 12 months its worth £3500
That is for a physical injury
Then you can claim that
It would be a small claim
Then claim £10,000
But you need to be able to justify why
You can't just pluck figures out the air
as I indicated someone with an actual injury would get £3500 for 12 months
Ok - but have I given you an idea of what you need to do and the process of how to do it?
What else would you like to know?
I have outlined the law of Section 13 of the Data Protection Act
I have told you how to issue proceedings
I have said how you need to quantify your loss
I have given you a guideline about if someone has a physical injury
Ok - but that is a matter for the regulator and them.
You can't sue for a breach of FCA unless you have suffered as a result
If any claim is £10,000 or less it will be a small claim
Any claim over £10,000 you will need to be professionally represented
Because if a claim is over £10,000 and you lose or the Judge awards you a low sum, you would be liable for the other side legal costs
How has it effected you?
Are you wanting to claim a psychiatric injury?
Yes I agree it is unfair.
So - how much are you wanting to claim
I did ask and you said £1000
No, I need to know how much you want to claim
You said £1,000 originally
Then you said £10,000
Then you said a lot more
Is it £10,000 or below or more?
But you said that you had suffered stress etc
I need to know if you suffered a psychiatric injury as a result of their negligence
Because that changes things
It changes the Court rules
You see a normal small claim is up to £10,000
However if there is an injury (including one for stress etc) or more than £1,000 then it is NOT a small claim
That is what I need to know whether you suffered a psychaitric injury as a result of what they did
You said that it affected you.
I need to know how
So I can properly advise what you need to do and steps to follow
So in short I need to know:
1) How much you are seeking to claim
2) Did their negligence make you suffer stress or any other injury
Of course I understand.
So lets be clear then:
Do you know whether you want to claim more or less than £10,000?
And if you have suffered stress, how long that has lasted
Ok - stress how long did that last?
I can look at the compensation guidelines
But forgive me that stress is a psychiatric condition which is why I referred to it like that. No offence intended but that is how it is referred to
So stress - how long?
Just an idea, not exact dates
So how long for the stress?
Ok - so 1 year.
Let me look at the guidelines
Ok - so 12 months stress on current cases is worth around £3,200
I would claim for £5,000 and the Judge can always award lower
Does this help?
Ok, yes please follow the steps I outlined above
Yes you can do that.
Can I clarify anything else for you?
WellI think they will but it may have to go to Court
They will probably only make a serious offer once you issue proceedings
Do I need to clarify anything for you on procedure and the amount?
Can I clarify anything else for you today?
If not can I invite you to re-rate my service - the button should be at the bottom of the screen
If you need more help please click repl
* reply *
Ok thank you for the feedback.
As lawyers I tend to be straight to the point.
We use legal terms and indeed things like psychiatric illness means everything from stress to post traumatic stress disorder
But do you have everything you need from me on how to proceed?
Wasn't showing off but sometimes we forget and just use the legal terms
Not always realising what it may sound like to someone else
Well unless I can help further, I wish you luck with this.
Let me know how it goes and what you get out of them
Yes I can imagine
But once you issue proceedings that will bring things to a head
Please do take a moment to rate my answer before you go
I am pleased we got there in the end.
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Yes you can claim for £5,000 and keep it a small claim
That is what it is worth for you
Claim it - the Judge can always go down. The Judge can't go up
Does that clarify?
But if I could invite you to re-rate my answer please.
Sadly it has not worked - if you could click a smiley face at the bottom of the screen.
There we go £5000 - may be good compensation after all
You have - it does not show.
Hold on - let me change format.