Today I lost my case against Cabot at Norwich County County Court
I was told that the defence would not have representation, but on the day they did. I was also optimistic before the case because the judge that was assigned was a chancery judge. However, unless he’s had a face transplant it was not the judge assigned.
The solicitor was allowed to rant on for 10 minutes. My understanding from my conversations with the chatbot was that generally the judges prefer short concise answers rather than rants.
I was then allowed to put my piece across, a longer paragraph I thought would not be possible which was the following, well-put simple argument from the bot:
This claim concerns the Defendant’s refusal to fully comply with a lawful Subject Access Request under Article 15 UK GDPR.
It is whether Cabot can lawfully process my personal data and assert ownership of my account while refusing to disclose the document said to transfer that ownership — the Deed of Assignment.
Cabot’s position is that the Deed is not my personal data.That position is unsustainable.
Article 4 defines personal data as information “relating to” an identifiable person.The Deed is the legal basis upon which Cabot claims rights over my account and justifies ongoing data processing, credit reporting, and enforcement activity.
It therefore plainly relates to me, even if it does not name me directly.
The Court of Appeal has confirmed that documents may relate to an individual without naming them.
Cabot relies instead on a Notice of Assignment, but a notice informs — it does not establish title.
Where a party relies on an assignment to justify processing, the underlying document cannot be withheld from scrutiny altogether.
The Defendant delayed my SAR, declared it “complex” without explanation, and then delivered a partial response while refusing the central document.
That is a breach of Articles 12 and 15.
Article 82 provides a remedy for distress. Financial loss is not required.
I therefore seek a finding of breach, appropriate relief, and my fixed costs.
In light of my rant, I should have carried on to quash the case law they presented (all under the Law of Property Act) but at the time I thought that would be enough. I regret that now.
The judge ended up agreeing that under the LOP Act notice of assignment was enough. There were times I wanted to interrupt the judge to argue the points, but of course I couldn’t. It seemed GDPR was just ignored completely. I have been ordered to pay costs within 14 days.
Has anyone ever tried to pay DCA’s with a Bill of exchange? I cannot find any acceptance on Mortimer Clarke’s MoA so I don’t know whether this is possible?
I’m hesitant to appeal on the grounds of costs/predictable injustice!
Any advice as to next steps welcome 🙏
Please let me know your thoughts.
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Today I lost my case against Cabot at Norwich County County Court
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