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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wish to get compensation and charges from the small claims

Resolved Question:

I wish to get compensation and charges from the small claims court over my bank continually sending mail to an incorrect address for 6 years and for emotional distress. I also want the charges and their interest refunded to me, I understand the small claims court is for £10K only and the maximum for Data Breach's is £7,500 and emotional distress is £7,500 plus the charges and their interest are about £1,500 shall if file 3 different claims over the one thing?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Sadly you can NOT bring 3 claims.

Alex Watts :

You must bring one claim

Alex Watts :

Otherwise it would be an abuse of process

Alex Watts :

So you have to bring 1 big claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, I get that

Customer:

which am I most likely to get paid out on?

Alex Watts :

You can't claim more than £1,000 for personal injury as a small claim

Alex Watts :

I would claim £10,000 total made up of everything

Customer:

what about breach of data protection?

Customer:

sorry, I answered before you said that

Customer:

so I can do:-

Alex Watts :

Yes

Customer:

on the claims form from the court it asks how much you want to claim? and they have amounts upto £50K or more, why is this as one can only claim £10K

Alex Watts :

Because that is a small claim

Alex Watts :

Limit £10,000

Alex Watts :

Anything above £10,000 is NOT a small claim

Customer:

ok, so do I list the 3 things, unfair charges, breach of data protection, and intentional harm and ask for the full amount for each?

Customer:

sorry, just read through your notes, I can only ask for £1000 for personal injury, the charges are about £1,500 plus interest, which leaves the small amount of 7500 for breach of data

Customer:

if I am awarded £1000 for personal injury does that take away my opportunity of taking out a further PI claim against the bank?

Alex Watts :

That is correct

Customer:

also can I make the claim at the small claims court and simultaneously pursue the matter through the FOS and register a complaint with the IOC?

Alex Watts :

Yes

Alex Watts :

Does that help?

Customer:

would I be better advised to try and get the charges and their interest back as the statements were sent to the wrong address (for years) and listing the data protection breach which has been admitted by the bank? I could try and get £10K for this. Leave off the PI as when/if this is proven it puts me in a good position for a larger PI claim?

Customer:

one more thing Alex is the total for data protection breach £7,500?

Alex Watts :

No limit for data protection breach

Customer:

brilliant, do you think hold off the PI stuff?

Alex Watts :

I would yes, thats hard to prove

Customer:

I know, but I made a suicide attempt in May 14 told the bank and they used it as a reason for not handing my property back to me (in writing) it's currently in the hands of receivers. So if the bank accepted it at face value, I kinda of thought it upped my chances???

Alex Watts :

But unless you have a report from a GP or psychatirist to say that was the cause it wont be proven

Alex Watts :

You have to show a direct link

Alex Watts :

Its fine if you want to claim for it, but it makes the claim a formal Court procedure

Customer:

thank you Alex x

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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