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wazir

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  1. Well, the police ace have said they won't prosecute as 'it's a security guard doing his job'. On the phone. Asked them to put it in writing. Chasing that separately. Mitie are delaying responding to the SAR. They still haven't given the SIA number of the security guard. Co-op have responded. I've got a cctv still of the guard grabbing my husband. Also a statement from Co-op staff saying my husband was assaulted, but 'that's a matter for Mitie'. Given I have a statement from a Mitie director directly claiming the Co-op staff didn't say there was an assault (which was untrue), is it time to go to the Mitie CEO again, with the cctv still, with a notice prior to action? Or go to a solicitor and start formal proceedings? Or wait until the police confirm in writing what they said on the phone. Not only did they say there was an assault but they wouldn't prosecute as it was only 'a security guard doing his job',but he wasn't wearing his SIA badge, as he must do when working. Mitie haven't yet given his SIA number either, and I can't find him on the SIA Register using any combination of the names on his NHS security badge (presumably from his other job, he was wearing that, and I got a picture of it at the time). There's also the question of Co-ops liability for their contracted out security. Thanks in advance for any advice.
  2. OkThank you all for your advice. Will SAR the Co-op, and point out they are legally responsible. My husband is white, the security guard is Asian,
  3. Thank you all for your advice. Will SAR the Co-op, and point out they are legally responsible. My husband is white, the security guard is Asian, presumably Muslim, as the name on his NHS badge translates as 'gentle servant'! You gotta laugh.
  4. Only dialogue was well after he'd grabbed my husband. I think it was my husband calling out to me, then he said what do you think you're doing? After the guy was holding the (half empty) M&S water bottle, he said he'd made a mistake. There was no dialogue before the assault.
  5. So we walked in to see if there was anything worth getting for dinner, as we had 15 minutes before our train. Nothing in the reduced section, so we walked out. He was behind me, and had a half drunk water bottle in his pocket (the pockets are on the front of the fleece) both as we went in, and as we left. Obviously, the security guard hadn't clocked this as we went in, but instead of stopping my husband, grabbed his arm from behind after he'd gone past, and nearly pulled him to the floor. My husband resisted, so didn’t quite fall over. That's probably when his fleece ripped. The guard then reached around into his pocket and found the M&S water bottle. He did go to the doctor, but internal bruising isn't visible. This happened four weeks ago today, in S London, near my mum's, in the evening. We'd taken her, in her wheelchair, on the bus to a hospital appointment, and were heading home after taking her back to hers.
  6. My husband was grabbed from behind, and his fleece ripped, in a local Co-op store last month. The assault was reported online when we got home. A crime reference number was issued. I emailed the CEO of Co-op, who said security was subcontracted to Mitie. Mitie have said they and the guard are registered with the SIA, but an investigation by 'co-op team members' found nothing. They also said the cctv belongs to co-op. I can't find the guard on the SIA register, I did take a photo of him before we left the store, and got his name badge for another place where he works as security (a hospital!). Police have yet to take a statement, but have said the cctv shows his arm being grabbed. Although they said it's at the store entrance, actually he was well inside, and in any case, the security guard didn't identify himself. Police seem reluctant to push the charges of assault and criminal damage (my husband had a bruised rib, and the sleeve of his fleece was half ripped off. So clearly he was pulled verty hard). Would my husband have to get a solicitor to access the cctv and potentially ask for a settlement prior to a private action against Mitie and their employee? He's offered to go to the police station to make a statement and hand in his ripped fleece as evidence, he's awaiting a response. Mitie haven't responded after being informed last week that there is cctv footage, and sent a picture of the fleece. I'm concerned the cctv will 'go missing' if we can't get hold of it soon. Had that happen years ago, when my then boyfriend was assaulted in a club by the bouncer. Police encouraged him to make a statement, had the cctv - and then lost it.
  7. They have agreed there is no CCA. Therefore there is no 'signed agreement'. They cannot go to court to claim any money. I am not reading any other websites as suggested, but trying to find logical holes as per the sentence above and my previous post etc. Which I've yet to see directly answered. I am aware the law is usually in favour of the big corporations, but this is not always the case and I am asking to see if anyone has had any success. It has been stated elsewhere on this site that a few people have got their CRA record changed, apparently without the alleged creditor agreeing. Also there have been payments (£500 and £8,000) for inaccurate records being placed with CRAs.
  8. Application for an Egg card was made in 2000. Points I'm arguing - if there is no CCA, where is my agreement to let the bank make submissions to CRAs? Do they need it? I thought it came as a section in the full CCA. The application specifically refers only to checking your credit record. Secondly, if there is no enforceable debt, than surely in a strictly legal sense the alleged debt does not exist?
  9. Only hope is maybe a threat of court action. Courts not easy to win, but some judges do take a dim view of companies bamboozling punters. Regulators generally seem to view genuine complaints as shysters, instead of the banks. This is despite the banks still actively pushing people to get into debt, whether they can afford it or not. Know a bank worker who got low marks (and no pay rise) for not hitting loan sales targets. But she said she thought it was bad for both the bank and the customer if she pushed loans and credit cards on customers already struggling. She was angry when in the mid 2000s she saw the former head head of Midland Bank (now part of HSBC) admit to a Parliamentary committee that they were all doing this. They still are.
  10. It was an Egg card. But no CCA produced when demanded . Only a microfiched application form. Lots of errors on Eggs part (no evidence of a credit check, without which application is invalid, raising of credit limit without notification, in breach of account T&Cs etc etc.
  11. Track and trace can be either signed for or not. As pointed out earlier, compensation needs to be claimed by the sender. And Royal Mail does get false accusations (as well as genuine ones) of theft, misdelivery etc.
  12. Posties are not allowed to deliver to someone outside an address unless the door is open. It could be an interception. No requirement for seeing Id on getting a signature from someone at an address. But there is a new deliver to neighbour procedure. Stickers are available to put on your door to opt out. Or the sender can address the packet with a note not to do this. So if the postie delivered to someone waiting outside and the door wasn't open they were in the wrong. But compensation is limited to the amount stated to RM by the vendor or less, depending on how it's sent. Special delivery mail can be insured to higher levels. Regular mail has a low compensation level.
  13. Bank agrees. But I have read on this site a few people have succeeded in getting their report amended without the banks agreement. But my main question is that if it is agreed that the alleged debt is not legally enforceable then in legal terms there is no debt. Therefore by listing it the Credit Reference Agencies are acting illegally. Is this the case? The bank agree there is no enforceable debt but have told Experian to list the alleged debt with a note it is not enforceable. They are refusing to recognise any wrongdoing. I have demanded compensation. I've seen two cases where compensation was awarded, one of £500 to someone who already had a bad rating and was told she'd have got more if her record was good, the other the £8,000 case. Which the bank has claimed is irrelevant. They offered me £100 'for a slow response' - but refused to alter the credit reference. Btw, got rid of various solicitors and debt collection agencies (Marlin was the last one) with two letters max. Demanding money under false pretences - no enforceable agreement yet threatening me with court. Mmm. Looking around these forums, if it is agreed there is no enforceable Credit Agreement, then there is also no consent to give any information about me to credit reference agencies. Another good argument? What's your advice? Thanks in advance.
  14. Bank has agreed an alleged debt (taken over from Egg) is not enforceable. But Experian have written saying that they have agreed with banks that they can list non enforceable debts. Apart from complaining that I am owed compensation for the incorrect listing until they corrected it, as I told them but they insisted only the bank could amend it, can I point out an unenforceable debt - which Barclays have told me in writing they agree is unenforceable - is legally not a debt and that listing it on the CRA site is libel? Therefore they must remove it and their 'agreement with banks' is yet another example of banks acting unlawfully and the CRAs are participating in this illegal action?
  15. Managers often take the minutes themselves, in more serious cases they may get someone else. The important thing is to put in amendments where 'the member' (not you, even if you 'assist' in drafting the amendments) disagrees with the notes. It's the member who signs off the notes of the meeting. If there's something you want recorded word for word, say so (and have it written down beforehand). The notes of the meeting are very important when it comes to appeals and Employment Tribunals.
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