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    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
    • urm.. i seem to recall another assault case whereby the approved bailiff company claimed the body camera was nor theirs but a pers one of the bailiff, i think they got in serious trouble for it. i believe that breaks certain gov't approval for a bailiff company/firm regulations/laws  if memory serves me right?
    • have a look at  https://www.consumeractiongroup.co.uk/topic/451423-pra-letter-of-claim-old-barclaycard-debt/?do=findComment&comment=5256506 the docs in this thread are what you should get. if the agreement the correct date for signup and does the PRA or BC cover letter use the word reconstructed? dx
    • sounds like lesley. They'll respond some rubbish I'm sure.  
    • Even if they have crawled back under the stone, remember they have six years to bring a claim. Let them know if you ever change address.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Subject Access Request - fee?


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I sent a letter to Direct Line 40 days ago to request all information held against me but I have had no response - in the letter I asked that if a fee was due then they should notify me as soon as possible. I have had no response or acknowledgment from them. Do I now send another SAR with £10 enclosed and if so do I have to give them abother 40 days to comply?

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Yes

Yes

Yes

 

sorry to say, but before you get involved in this stuff you do some background reading. You don't need to do a lot, but it is clear from what has happened to you so far that you didn't do any reading.

 

Inform yourself a bit and then you will find that the parties clear and you won't waste time. I'm afraid that the 40 days you have wasted so far is really just a gift to direct line and just another tiring frustration yourself.

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The statutory fee for a Subject access request is £10.

The 40 days begins from when they receive payment,and are also satisfied that the person making the request is the subject entitled to copies of the data.

A word of advice-make sure any request is specific-ie;that you bullet point all the info you are requesting.

Secondly,send a copy of a utility bill as proof of address and a copy of passport/driving licence with signiture blocked out,as proof of name.

This ensures they cant later delay matters by asking for this proof-easier to do it from the start.

Finally,make sure you send it to the right address-you will find that on this site.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I sent a letter to Direct Line 40 days ago to request all information held against me but I have had no response - in the letter I asked that if a fee was due then they should notify me as soon as possible. I have had no response or acknowledgment from them. Do I now send another SAR with £10 enclosed and if so do I have to give them abother 40 days to comply?

 

Knowing what these companies are like, I bet they either binned it or it is on a slow boat ride to India. A number of Insurers don't list their post received and it is not scanned for workflow purposes. A company like Direct Line would I expect respond with the SAR info within a couple of weeks, so if you haven't go it, they have lost your request. I did read that DL have outsourced some of their post to an office in India.

 

Suggest that you send in a new request to DL head office marked for the attention of Data Protection/compliance officer with the £10 fee. The 40 days should be from the original request date, if you have proof of sending. But take the advice of the site team as advised above, as to how you make the request.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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