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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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TALK TALK advertises to everyboy that I have not paid my bill!


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Hi guys; my lovely (read "crappiest ever") telecommunication provider has cut me off because I have not paid my last bill. I have not paid because of sheer exasperation- long story about poor quality of landline and broadband. This is not however what I want your advice about. The issue is: people who call me- friends, strangers, anybody- hear recorded message stating that there has been a restriction placed on this line and that the bill needs paying and could they have the credit/debit card ready. I am bloody furious. Isn't it a CONFIDENTIAL, privileged information that Talk Talk should keep private?

What are your comments? Where can I go with it, BESIDES Talk Talk Customer Services which have the lowest possible ratings on the telecommunications market.

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This is appalling but not surprising

 

It is a clear breach of the Data Protection Act & as it causes you anxiety & distress amounts to criminal harassment.

 

Get onto them now & demand they remove the message failing which you will not only report them to the Information Commissioners Office, the OFT, the TS & the police you will immeadietly issue court proceeding against them seeking an order for them to desist.

 

Let them argue that in court I really do believe any judge will be horrified at their conduct. He may even award compensation without you asking

 

If ever their was a chance to stuff it to one of these companies this is it. They really are their own worst enemy

 

Talk Talk are lousy even Vodaphone stopped using them (that says something in itself) that's why the guy who owned it has recently sold it.

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Yes, it's a clear breach of the DPA. You may also have a case on the grounds of Breach of Confidence, since you have an expectation of confidentiality in your financial dealings with Talk Talk. I'll get the law book out and have a look into this.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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Guest ian cognito

I just kicked these ******* into touch on my mums behalf and having experienced their 'customer service' thought they were possibly the worse company I have ever dealt with but this is unbelievable!!! Go get 'em for anything and everything you can - has somebody recorded the message for you???

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The European Convention on Human Rights (Article 8 - right to privacy) may also be relevant.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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Go get 'em for anything and everything you can - has somebody recorded the message for you???

 

Good point. I'd suggest buying a telephone call recording device (about £10 from Maplins) and having a friend call you and record this message as soon as possible.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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Interestingly, this isn't new - but it appears they are using more direct explanations. Prior to BT losing thier monopoly, when a line was blocked due to non-payment, you could not make or receive calls, and anyone calling your number got the 'Number Unobtainible' tone. Since this was the same as a line being out of order, you'd call the operator or faults to report it, only to be told that the line was 'Temporarily Out Of Service' (TOS - in the technical parlance).

 

In the days of OFTEL, BT and other carriers were made to change this, after - the story goes - a family died after being unable to summon a fire engine when their house was alight, because their phone service had been removed. The modification meant incoming calls were unaffected initially, but all chargeable calls were blocked - you could therefore call 999 or BT's 150 customer services etc. Other carriers did likewise, there was no 'dialtone' but at least for a few weeks, it brought the problem to the attention of the line renter, before the line was formally terminated for non payment.

 

In this regard, being told a line was TOSed, made you aware the bill had not been paid, but since incoming calls were now allowed, the problem largely disappeared. As far as I am aware BT and NTL still allow emergency calls from lines restricted for non-payment, however if Talk Talk have now put a mechanism in place to intercept the incoming call to advise the line had bees suspended for non-payment may seem reasonable to them, but would ensure I departed them with all speed.

 

If anyone cares to PM me with the number, I have recording equiupment to generate an MP3 file of the message.

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Buzby- I just PM'ed you my number. I have witnesses but no recording equipement. I am very frustrated with Talk Talk but they have great lure; free calls to my home country- Poland. And I call my mum everyday!

I wrote the an email, cc'ed local Trading Standards, Directgov, and hard copy to Information Commissioners Office. I am requesting £200 compensation plus £100 for each day the message is on my line after today midnight.

 

I have taken them to court already once before- for mistakes with my bill. They have folded a fortnight before the hearing. I have no problems with doing it again.

 

Anyway, thanks for your comments!

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It's actually quite clever what they've done - although the ramifications have not been thought through. Did you have a Voicemail service or facility from them? After the usual number of rings, TT answers the line with a 'line reversal' to tell the distant network to start charging - ir the call has been answered, when in fact it hasn't. They've replaced the usual greeting with the one you've heard giving information about the restriction which, as this should be an information message and uncharged, is an interception of your telephone service. (I'm assuming that if you answer the ringing phone before the voice cuts in, the caller is not aware of the restriction?

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Buzby; I do have an answering service with TT and no, if I pick up the ringing phone qiuckly, the caller will not hear the message.

It seems to me that you have a "higher knowledge"- what has happened? Is it on purpose or a f**k up?

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All they've done is switched off your Voicemail and replaced it with their 'defaulter' option that lets you pay the bill, whilst removing the benefit of other services (like Voicemail) until the account is settled. It's a bit of a kludge, because they've either forgotten (or don't care) that if you don;t answer the incoming call, it is passed to voicemail and the 'special' message played. Assuming they've not barred your line from modifying network services, The BT code # 43 # might turn it off completely (* 43 # turns it back on, but it depends on the type of exchange mand may not work with TT.

 

As to the problem itself, since - if you don't answer the phone - the caller is told your line is restricted, this is not on, but trying to get TT CS to realise this and act, is a different ballgame!

 

Your MP3 file will be with you shortly.

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Buzby; I do have an answering service with TT and no, if I pick up the ringing phone qiuckly, the caller will not hear the message.

It seems to me that you have a "higher knowledge"- what has happened? Is it on purpose or a f**k up?

 

Doesn't matter either way it's still an offence under the DPA. all they could argue is mitigation in that they made a mistake.

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Even getting as far as a 'deadlock' letter is a major problem. It is a sad fact, that 'ombds' anything are self-serving and are not there to take the strain for the humble consumer. I've managed to involve four such bodies, and in each case had to end up reaching a conclusion on my own behest, with no assistance other than them 'noting' my actions.

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Otelo says; get a deadlock letter as per CPW's code of practice, Consumer Direct says: we are only an advisory organisation so we can't act on your behalf- but we can tell you that no consumer laws have been broken because I owe money to Talk Talk (!!). Information Commissioner will probably respond to my enquiry sometimes in a third millennium. So, all in all, however hard I try to avoid an adversary approach, in reality that's what is left and that's what works and that's what will happen. Court action if no compensation of £200 by 30th of December. It seems hitting their pocket may register within their greedy corporate conscience.

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Seems a fairly simple breach of the data protection act to me

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Seems a fairly simple breach of the data protection act to me

 

Yep. I'd skip the ombudsmen for the reasons pointed out by other posters and go straight for the jugular - take them to court. There are only two thinga that make big companies do the right thing - court action and bad publicity on a big scale, both of which affect their wallets.

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Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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  • 7 months later...
  • 2 months later...
I just kicked these ******* into touch on my mums behalf and having experienced their 'customer service' thought they were possibly the worse company I have ever dealt with but this is unbelievable!!! Go get 'em for anything and everything you can - has somebody recorded the message for you???

 

This happens because most of us in this country are peace and quiet-loving and acquiesce in such appalling behaviour by these get rich quick sharks. TalkTalk is arguably the worst phone bucket shop there is in this country. They should be challenged, perhaps with a class action. I am a 68-year-old who has survived a heart attack twice and am in the process of sueing them for damages for sending me ever increasing bills upon bills and threatening to send debt collectors to my door. Instead of rewarding the customers for migrating from BT they are punishing them. I am intending to request the judge award exemplary damages as they have swindled tens of thousands of meek customers.

maunj

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Hi guys; my lovely (read "crappiest ever") telecommunication provider has cut me off because I have not paid my last bill. I have not paid because of sheer exasperation- long story about poor quality of landline and broadband. This is not however what I want your advice about. The issue is: people who call me- friends, strangers, anybody- hear recorded message stating that there has been a restriction placed on this line and that the bill needs paying and could they have the credit/debit card ready. I am bloody furious. Isn't it a CONFIDENTIAL, privileged information that Talk Talk should keep private?

What are your comments? Where can I go with it, BESIDES Talk Talk Customer Services which have the lowest possible ratings on the telecommunications market.

 

TalkTalk are arguably the worst phone bucket shop there is in this country and the most draconian. I strongly urge that you give them notice and sue them for substantial damages. It's because no one challenges them that they get away with such behaviour. If possible, give up that line and go on to cable phone; that's what I did, anyway. Now I am in the process of sueing them in an English court of law.

maunj

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