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Penfold92

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Penfold92 last won the day on January 17 2008

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About Penfold92

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  1. Well after a long absence decided to come and see if anything new has been happening on the "stay" front? Any new angles of attack and if not what are the dates we are waiting on now? Last I remember the OFT were going down a different route, but I kind of got lost in other things and forgot about the case completely. Hope all the oldies are good and still around?
  2. Well it has been a long long time since I have been on here... So has there been any movement on the stays being lifted or any new angle since 2008? I have not heard a peek from the Court or DG and am wondering if my case is even still in the Courts... Any ideas anyone?
  3. Thanks for that, but the fact I was not told on sign up and it is not in their terms is surely "unfair"? Also what review of credit industry are you referring to? Thanks, Penfold
  4. Hi guys, I have had a Vanquis card for about a year now and generally pay the balance off every month. Recently I have noticed that they are charging me cash interest every month. When I called them up they said that even though I have paid the balances every month I have new transactions added and unless there is no balance for two months in a row the interst will continue... Can someone please tell me how this is allowed and how this is surely an unfair term? In fact I cannot even find this in their terms and conditions... Any advice would be appreciated, Penfold
  5. Thanks for that, not sure I can make a counter claim as the case is closed as far as the Court is concerned so yes will continue paying and claim seperately I guess...
  6. Ok, well was small claims Court and the Judge agreed that they had probably breached the DPA, BUT because I had not mentioned DPA in my POC's he could not takt that into account. I now have ICO letter confirming breach was probable and in particular the sixth principle. So if I had that letter and DPA was mentioned in my POC's I probably would not have been lumbered with charges at the worst...
  7. It will not get to Court...(IMHO) they are trying to find ways to make you accept a lower figure... Ask yourself will they win even if only 6 years? and stick to your guns... Good luck, Penfold
  8. Hi, I don't know if anyone can answer this, but hoping maybe one of our law students or experienced battlers may be able to help... I lost a case and was asked to pay Court Costs to the defendant. New information has now come up, but the new information cannot be related to my original POC's... Does this mean: a) I need to continue paying and take seperate Court action b) Can challenge them on this new info and stop paying and ask for my money back that I have paid so far c) Makes no odds to anything Thanks, Penfold
  9. I agree, although the DPA compensation does allow for "proveable damages" and I'd say being ordered to pay court costs is pretty provable wouldn't you? We'll see, but I do agree that they need to be held accountable, however, petty they feel the case may be. A SAR is a Legal request and they chose to ignore it and then supply extra personal info in witness docs that I never saw before...Would love to hear the Judge's view on that! Can I request the same judge that I had before? He saw my point and realised that NW got away with it all by my missing out the breach of DPA on my claim form.
  10. Well many many months on I have finally had my reply from the ICO and they state in their email to me that: "As I understand it, you are concerned that you made a subject access request on 29 March 2007 to NatWest but without a fee. They responded on 3 April and informed you they decided to waiver the fee on this occasion. However, you did not receive any information within 40 days. You then made another request with the fee on 19 July 2007. You received some information in July 2007 and then again in January 2008. After taking NatWest to court you learned they had more information about you which was not earlier disclosed. You believe that if NatWest had fully disclosed your personal information you would not had taken your case to court and suffered financial loss. (Exactly my point in Court it cost me in Court costs then also the £1000 costs against me) Unfortunately, I cannot comment on the issues surrounding your court case. As I have explained, although we cannot award compensation for a breach of the DPA, it may be helpful to explain that section 13 of the DPA states:- ‘(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of the Act is entitled to compensation from the data controller for that damage. (2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if— (a) the individual also suffers damage by reason of the contravention, or (b) the contravention relates to the processing of personal data for the special purposes. (3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.’ I have included copies of our publications on seeking compensation. Should you choose to claim compensation, you should ensure that you seek your own independent legal advice. The sixth principle says that ‘Personal data shall be processed in accordance with the rights of data subjects under the Act’. This includes the right to access personal data. Furthermore, there is a requirement under the DPA for NatWest to respond to your subject access request within 40 days of receiving that request. From the information you have provided it appears likely that NatWest has failed to comply with the sixth principle in this case. This is because it appears you did not receive a response to your request for your personal information within the statutory limit. It also appears that you did not receive all the personal information you are entitled to under the DPA. In light of this it is my assessment that it is unlikely that NatWest has complied with the DPA in this case. This assessment is based solely on the information you provided. I will now write to NatWest to tell them about this assessment and to recommend the steps they should take to bring their processing into compliance with the DPA in this caseand to prevent similar likely breaches in the future. In particular I will recommend that they now ensure you receive all the personal information you are entitled to. I will also recommend that they respond to subject access requests within the statutory limit. I have made this assessment based only on the information you provided. NatWest may well want to give their point of view. If NatWest has any information to suggest that this assessment should be changed, I will ask them to provide it within 28 days and will write to let you know. Otherwise this matter is considered as closed. Yours sincerely," I have now written to NatWest with a copy of this assessment and asked them to refund the payments I have made towards the Courts £1,000 charges (£600 so far) and a refund of £640 odd for my Court costs for the last case. I have not asked for what I was claiming for before, nor damages for distress at this stage and I hope that they will see common sense and just pay up rather than forcing my hand to another Court case with regards this breach. The damages I am claiming are all quantified and so there is no arguement to be had in my opinion. Anyone agree or disagree as all opinions are appreciated (especially the Counsel who read this thread before turning up last time to use it against me) Penfold
  11. Woolwich settled my claim a few days before Court hearing, so I would not expect to hear anything from them before that stage. Good luck, Penfold
  12. they settled prior to getting to the hearing date
  13. Well I have written to them, but in the end will prob agree with you on this one.
  14. Should add damage was front bumper ripped off from front right corner, no side damage whatsoever to our car, third party front left and ALL down the side...So think physics now guys and girls...if our car hit them then momentum would suggest our car (being smaller and lighter) would turn and we would then hit side on side....If bigger car hit front right and their momentum is stronger (which it would be) they would continue through and rip the front bumper off and have side damage...
  15. Ok I will try to explain... Wife left work and approached roundabout, left lane goes left and straight, but as is also main road to M1 was backed up and stationary. Middle lane goes straight and wife in that lane going straight. Right lane goes right and thrid party in that lane. Wife in a Clio and third party Lexus 4X4. Wife exits and goes straight Right lane also does and then cuts in front and takes the front right corner of car out and continues going straight and comes to a stop after dragging our car along with it in the straight exit. So firstly, we never accepted any liability on speaking to DL they said "roundabout no witnesses will be 50:50". We said, under the circumstances and children in mind not happy but will accept it to bring it to a close. After this third party instructed sols and continued action against my wife via DL saying she was negligent etc. As soon as we heard this we told DL's sols (supposed to be acting on our behalf) that we dispute this and in facts the set up of the roundabout and actions of the third party do not suggest they were ever going right and in fact cut in front of our car. That being so we want them to issue a counter claim and we will see the third party in court. DL's solicitors after nearly a year wrote to say commercial reasons settling the claim IN FULL and still going back to 50:50 with no admission of liability. We do not feel our interests have been put forward and the third party has had a pay out when they were actually at fault. I asked several times what proof they were supplying and the sols never came up with anything, I even said Claimant surely has to prove this and he said "in our experience the judges go with the claimant!" Now being on this site I cannot believe that for a minute and just am shocked that the third party has got away with this sort of payout and we are not being allowed to defend ourselves as we also suffered in this, but tried to be dimplomatic from the start. I guess I should just leave it, but I feel upset that this is the way it happened. If it went to court and the judge agreed I would have to accept it, but on what basis I cannot see...Also the DL terms clearly say, even with Car hire plus, the max payout would be £500 for 21 days. Firstly, I saw the car around school pretty soon after the accident so it was not our of action that long and secondly do these insurance companies not query these sorts of amounts? What was hired a ferrari?
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