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Everything posted by yourturntopay

  1. If any photos are needed then I’m always very happy to help, although word of warning I’m no David Bailey . Unfortunately I won’t be able to take the photos until next Thursday as I’m not working at the Dover office till then. Just let me know what photos are needed and the area etc.
  2. I hope this is helpful, in reference to signs taken in June 2018 work these maybe out of date. I work very near Whitfield and the McDonalds situated there underwent major refurbishment around November 2018 so new signage may now be in place. If you need photos I maybe able to assist with this next week.
  3. ‘This is what happened this my claim. Once they realise you intend to defend and they have to pay for the AQ fee they go very quiet and crawl back under the rock they came from
  4. You are welcome to use any of the photos I have of the lido car park. I often pass the car park as is near my place of work. If you need any additional photos of the car park then please let me know.
  5. Did Glide state in their SAR response the basis upon which they are processing your daughter's personal data? If not, you can go back to them and push them on this. They will need to be very careful with their response because they do not have her consent. Glide stated that the LA had sent her personal information in the form of a spreadsheet via an email. This is the email we have been trying to get Glide to provide as the spreadsheet does not contain any indication that her consent had been sought or given. We want to know if the email from the LA says anything about consent I would also raise a complaint to Glide about the fact that your daughter told them she was not going to use their services and yet they still continued to try and provide a service. You should also speak to the Energy Ombudsman (https://www.ombudsman-services.org/sectors/energy) and see what they advise to do. We have raised a formal complaint with Glide about the charges and asked them to explain why. They are ignoring her emails and have not given any explanation as of yet. When the LA responds, you will need to carefully review their response. They will need to show that they had your daughter's permission to transfer her personal data to Glide. If they are unable to show this, then your daughter should be able to seek compensation for distress under the new DPA. There is a good blog about this here - https://www.mindmydata.co.uk This is what we really want to see. They have previously admitted that they did not have all the correct paperwork for my daughter and the forms that they should have sent her to complete were about sharing info with Glide and Virgin. They realised the day before the tenancy they did not have this signed and completed paperwork from my daughter as they had sent all of the forms to an incorrect email address (their error) and had not chased its return or resent the forms when they realised they had sent the firms to an incorrect email address. She was in Thailand at the time and could not complete them so asked me to do so on her behalf. That’s when we realised her LA had passed on info without seeking her consent. There is also one final question - if the LA unlawfully provided your daughter's personal data to Glide, does that mean that Glide are equally responsible as the LA? Glide do have a legitimate interest to process personal data, but the question is more about how they acquire that data in the first place (even if they believed it was done with your daughter's consent) It will be interesting to see if there are any discrepancies when we compare the paperwork Glide sent with that of the LA .
  6. Thank you for your very helpful and insightful posts. I am extremely grateful for your assistance and suggestions. Thank you We are waiting for the LA to respond to her SAR. Once we have had the opportunity to go through all of the info they send we will be in a better position to understand what has and hasn’t happened. We will keep you updated,this has certainly been very eye opening.
  7. I understand the example and totally agree. Where this differs from this example was Glide were not the utility provider when the tenancy commenced as my daughter had arranged for a different bill company to oversee this. Glide were made aware of this in July, which was a couple of weeks prior to the tenancy commencing. When Glide wrote to my daughter to inform her an account had been set up in her name. She immediately informed Glide that she did not require their services and that another company would be their supplier upon commement of the tenancy. My daughter gave full details and sent confirmation of the other company and their intention to supply services when the tenancy commenced. Did Glide not have a responsibility to check they were still supplying services to the property and had a right to ask for payment before sent my daughter a request for payment. Glide did not not check they were still the supplier although they had received confirmation the other company was supplying utility services to the property. Could it not be argued that Glide misused her data by requesting payment for services they never supplied. As I understand it Glide failed to process her data correctly by not closing down the account she never asked for or needed and misused her personal information to request payment that was not dus.
  8. Why is point 2 hard to prove? My daughter was never asked if she wanted Glide’s services, she never consented to an account being set up in her name. Her tenancy agreement only states that the LA ma pass on her information if there unpaid charges to utility companies. Glide set up an account in her name without her authority or knowledge and sent her a payment request for services prior to her tenancy commencing (the info we’ve received showed they were fully aware of the tenancy start date but still tried charging her before this date) Glide never supplied any services to my daughter as she gadxarraged another company to commence a day before the tenancy so Glide never had reason to have her information or to charge her. The LA also knew this and about the other bill company but gave her details to Glide anyhow as they receive commsion for every person they refer that applies to the spreadsheet but they supplied a redacted version of that. How do we know what is and isn’t in the email as we haven’t seen it. The ICO said the email should be redacted and sent to us as the spreadsheet was attached to the email so it’s reasonable to believe that the email may have information about her. If they have nothing to hide them why don’t they do what they did with the spreadsheet data and redact it and send her that version We don’t trust Glide, they have created multiple reasons not to comply and ignored requests then out of the blue their DPO sent her an email admitting they had made mistakes and not responded to her SAR correctly or sent all the information they should have. If she hadn't been so determined about accessing her data and hadn’t challenged Glide she never would have gotten that apology from Glide. How many other SAR has Glide ncorrectly habdled and if they can’t get that right what other errors are they making?
  9. Glide still have personal info that they are not sharing. We’ve checked with the ICO and my daughter is entitled to this information and say glide should send this but they are refusing to. The ICO have told us to lodge a complaint.
  10. Hi DX, I’m hoping I’ve uploaded the file correctly. Glide response 25.09.2018.pdf
  11. My daughter has had a lot of email tennis with Glide as they were refusing to give her all the data they held on her and were asking her to confirm personal information they should never have been given. She contacted the ICO for advice who recommended she submit a complaint but before she could do that Glide sent her an email apologising for their errors and explaining what steps they have taken to correct their errors and ensure staff are trained to deal with SAR and GDPR matters correctly. She is now considering what to do next. She has not received the SAR from the LA and so I think she is waiting for that to come through before deciding her next move. Any suggestions? Just one point that I’m struggling with is Glide’s insistence about the right to have her personal information. Glide may have been the previous tenants bill provider but they moved a couple of months before my daughter’s tenancy began. My daughter was completely unaware of Glide’s involvement at the property so had made alternative arrangements that commenced a day before her tenancy started. The first she knew of Glide was when they informed her an account had been set up in her name for bill payment. She contacted Glide and told them she had not consented to her personal information being given to them or for them to create an account in her name. She informed them another bill agency had been instructed and was ready to commence when the tenancy began. Glide totally ignored this and a couple of days into the tenancy sent her a bill requesting advance payment for ultilty usage - even though the other company was in situ and taken over as bill supplier. Glide eventually withdrew their request for payment but it took a lot of arguing and determination on my daughters part. The issue I have is that Glide were never the supplier to my daughter so why do they insist they had the right to her information and to charge her? Is this an ICO issue and/or she should report Glide? Glide response 17.09.2018.pdf
  12. Unfortunately D has not received a CT bill yet as she only moved in to the student house 10 days ago. I know she has provided her details to the council as they requested proof she is a student. Should she wait until she receives her CT bill and send this to Glide (she will call her local council and request a CT bill is sent to her ASAP) Alternatively could D send Glide a copy of her tenancy agreement instead - what do you advise? What has us slightly baffled is why Glide are asking for her DOB and mobile phone number to confirm her identity. Consent has never been given for Glide to have this information. We are intrigued about what information Glide has for D and how this was obtained. Does Glide have a responsibility to ensure any personal information they receive from referrers has been given with the owners knowledge and consent? Should the LA disclose they receive a commission payment from Gide for every referral they make? Does Glide have the right to set up an account and demand payment from an individual without ensuring they have given their consent for this? Thank you very much for your kind assistance and advice with this matter, it’s very much appreciated and valued
  13. Yes, her tenancy agreement states her personal information maybe passed to ulitity companies if there outstanding bills after the tenancy terminates but nothing about information sharing prior to the tenancy commencing. They should have sent her a form to sign agreeing to her information being shared but they sent the form to an incorrect email address so she never received it. We have confirmation of this
  14. May I ask for some more advice pretty please? D sent a SAR to Glide and they have rrequsted her to confirm her date of birth and mobile phone number so they can proceed with her SAR. Glide should not have any information on D as she never given her peromossion for LA to share for information with Glide. She has sent the SAR to see what personal information the LA gave to Glide. Is it reasonable for Glide to ask for this information? Can Glide refuse to proceed with the SAR if she doesn’t supply the requested information Please could you advise on how she should respond/proceed? Many thanks for all advice/help/suggestions given Blank.pdf
  15. Thank you for all the advice and support, it is very much appreciated. D has now moved into her new home and has met the landlord who was very pleasant and accommodating. The issue regarding the deposit has been sorted, the landlord dealt with the deposit registration and has made sure D has all the required paperwork. However the LA are still being very difficult. They are not communicating with any of the tenants. D contacted them as she needed to know the arrangements for accessing the property but they never responded. Fortunately she had the contact details for the landlord and he met us at the property to give D her key and show her around etc. We are in the process of making a SAR to glide and the LA. The LA’s website gives a lot of info regarding GPDR and who their DPO is, what their registration number is, how to contact them etc . However upon checking this info on the ICO Data protection register the LA registration number and address is different to address stated on the LA website. Is it of any relevance that the LA website and ICO have different contact addresses for the DPO? Given the confusion over the addresses should we send the SAR to the LA to the address used on all their correspondence? (They are an independent LA and only have one branch)
  16. I know it’s scary to receive court papers but please trust the advice you are being given. Just make sure you post any and all correspondence you receive from PE/court on this thread and follow the advice given. PE are looking for an easy win, they are hoping you’ll roll over and pay. When they discover you are fighting back they will step up the pressure in the hope they can intimidate you into paying.. When I filed my defence against PE I receive an onslaught of letters from PE. The purpose of the letters was to intimidate me into paying. When that failed they “generously” offered me a discount and agreed to withdraw the case if I agreed to pay. I didn’t respond to the letters and just waited to hear from the court. MCOL wrote to PE to ask if they intended to proceed with the claim but PE failed to respond to the court. MCOL made the decision that the case would be stayed and if PE wanted to proceed they would have to make an application to the court to have the stay lifted. The cost of this is more than the actual claim so it’s extremely unlikely PE will proceed with this course of action. If you follow the advice you are given it’s extremely likely your case wiwill either be stayed or dismissed. Just a friendly suggestion but if you can please remember to make a donation to the site afterwards as a thank you for all the help you’ve received. That’s what I did anyhow
  17. We have checked the tenancy agreement and this is the only mention regarding utilities The Tenant must establish accounts and pay for all utilities and council tax (where applicable) to the relevant parties or notify the council (where applicable) of any council tax exemptions. D set up the bill payments with Akasa as she was not aware of Glide’s involvement with the previous tenants. Glide informed D that LA had instructed them to set up an account for D. We have now confirmed that LA received commission for every referral made to Glide. Could this be perceived as selling data as the LA has not declared they receive payment for referrering tenants to Glide.
  18. Thank you very much for the helpful response and advice, which we are following. Glide has been advised of the above and they argued a bit but backed down and have withdrawn the charges and closed the accoun so thank you for helping with this, it’s a huge relief to have this resolved. This leaves us with the data breach and deposit issue. A complaint has been made to the LA which they acknowledged receipt of. LA said they would investigate the concerns within the complaint and let us know the outcome of the investigation. This was over 3 weeks ago and the LA have not responded to the complaint so remains unresolved The LA is an independent student letting agency and according to their website they have a DPO. Should we write to DPO or to the managing director to express our concern that they have recorded incorrect data and also passed on personal information without authorisation and we are reporting this breach to ICO. Do we need to give them any more time to respond or can we move forward with our complaint to the ICO. Do we include the landlord in this communication? In regards to the deposit, D paid her deposit to the landlord on 01 June 2018. Neither LA or LL has confirmed or supplied any documentation regarding the deposit being secured. After rechecking her tenancy agreement we noted the name of the company to be used to secure the deposit so we did an online search for the company which confirmed the deposit has been secured. The online check asked for her rental postcode, surname and month/year deposit was paid, does this mean the LL/LA has secured each of the tenants deposits indidvually?. Lead tenant has received an email advising that the deposit had been secured and the deposit certificate and information regarding the scheme would be sent to them. This has not happened.
  19. Please may I ask for some advice regarding a data protection breech by a letting agency. My daughter is a student and about to move into a house she is renting with 2 other students. Over the past few weeks the letting agency has been the cause of a great deal of confusion and frustration so I would deeply appreciate any thoughts/advice/suggestions on how to proceed. I’ve broken things down into a time line as I thought it would be easier to understand the situation this way. May 2018 House found and tenancy applied for. D didn’t receive paperwork as promised from LA so queried why. LA confirmed they had used incorrect email address (LA had incorrectly input email address on their system). LA amends D’s email address and emails tenancy agreement to D. D signs and returns to LA. 07 June 2018 I receive guarantor contract, I sign and send back D paid £700 deposit to landlord via internet banking. Tenancy agreed to commence on 07 August 2018. 05 July 2018 D sets up account with bill company (Akasa) for her and 2 other tenants. 19 July 2018 D receives an email and text message from Glide informing her that LA had passed on her personal information to them (Glide) and requested an account is set up. D phoned Glide to ask why an account had been set up as she had not requested this. Glide informed D that LA had sent them her information as previous tenants had used Glide. D advised she did not know why the LA had for this as she had not given consent for her personal information to be released. Informed Glide that she had already instructed Akasa to deal with bills and did not want or need an account with Glide. Glide confirmed that an account had been opened in her name but if Akasa took over before the tenancy commenced Glide would not charge her. D confirmed with Glide she did not want their services and was remaining with Akasa. D did not sign any agreement with Glide for an account to be set up. D then emailed Akasa to ensure the switch was in place for them to commence as bill provider when the tenancy commenced on 07 August. Akasa confirmed everything was in place and would commence as agreed. 27 July 2018 Akasa emailed D to confirm switch would take place on 05 August 2018 and payment would be requested for same day. Payment method set up by all 3 tenants. 31 July 2018 D emailed LA asking for meter reading as Akasa informed D the readings were needed to ensure double charging did not occur. D informed LA that she had instructed Akasa as bill provider but because they (LA) had instructed Glide to set an account there was a risk that D could be charged by both companies. D informed LA that this situation had occurred because their (LA’s) actions. D informed LA that she did not want to use Glide and wanted to remain with Akasa. LA stated that meter reading would be given on the first day of the tenancy to ensure they were not charged for any use prior to commencement of tenancy. LA did not explain why they have given Glide her personal information without her authority or knowledge. 06 August 2018 Tenancy is to commence next day but D is not moving in until la later date as she in in Thailand. LA sent email marked as urgent to D at 2pm saying she had to complete some paperwork or the keys would not released the keys to other 2 tenants in the morning. D asked why this hadn’t been requested before and explained she didn’t have the info available due to being in Thailand. LA insisted forms had been sent and D was at fault as she had failed to return the paperwork that was emailed to her and she had to complete these forms or the tenancy would not go ahead. D questioned when and how paperwork was sent to her. LA confirmed the date the paperwork was emailed to D and she realised the LA had sent it to an incorrect email address. D reminded LA of their error with the email address and that they had sent her the tenancy agreement only. D was unaware there was further paperwork that she needed to complete and she did not did not receive any requests for missing paperwork. As D was moving to an area without internet connection she asked me to sort out the paperwork on her behalf. Whilst completing paperwork I note that LA requests permission for personal info to be passed to Glide. D had not received this form so LA never had permission to share any of D’s personal info and should not have done so. Forms completed and emailed with forms attached sent to LA asking why they had left it so late to check they had all the required paperwork and why D’s info had been given to Glide without her authorisation or knowledge. LA said they would respond once they had looked into the matter but never did. 07 August 2018 Tenancy commences and the other 2 tenants move into house. D received an email from Glide requesting payment for services used. Glide does not explain what charges are for. D does not have info about account so is not able to check why she has been billed etc. Questions Am I right in believing that LA has breeched data protection rules by releasing her information to Glide without permission? What action can D take against LA regarding DP breech and how does she do this? What can D do about Glide and their request for payment? Only info D has about tenancy deposit scheme is the name of deposit scheme that’s stated in her tenancy agreement. After checking the deposit has been secured via mydeposits. D has not received the tenancy deposit certificate or any information about the scheme etc. Can she take any further action regarding this? If she what and how can she do this?
  20. Sorry I had forgotten to update this thread. MCOL confirmed that PE failed to respond to the court when asked how they’d wished to proceed. As result of their non compliance the judge put a stay on the case and have advised PE that should they wish to resume this claim they will need to submit an application to the court and explain why they want the case to resume. Obviously there will be a fee to do (£255) which considering the claim itself is for under that amount I think it’s safe to say PE won’t bother pursuing this further. I have made a donation to the site as I’m am very grateful for all the help I’ve received,
  21. I think it’s my thread/post your are referring to. My daughter parked at the Lido in Cliftonville and Parking Eye submitted a claim to the MCOL after she refused to pay their charges. After following the very helpful and excellent advice from CAG I submitted a defence to PE claim. PE then went very quiet and never responded to MCOL when asked how they wished to proceed. The case is now stayed. I have photos etc if you need them but if you parked at the LIDO in the evening then Centre your defence around the fact that the car park is unlit and the signs cannot be seen when it is dark. PE tried to say the car park had adequate lighting But my photos proved they were lying.
  22. PE have given up and gone away. I’d like to say a huge thank you to everybody who generously gave up their time and shared their extensive expertise to help me achieve this outcome.
  23. Thank you for your responses and for sorting out my double post. Your help is very much appreciated and I’m sorry if I have caused any frustration or irritation to anybody with my requests for help and clarification. At the risk of annoying you all further I have some further questions. Am I right in understanding that because we ignored PE’s WP letter offering to withdraw the claim if we paid a reduced amount (incase I’m ever in this this position again; was ignoring the WP letter the correct thing to do?) PE sent the us the RTD in the hope that this would scare us into paying. As that failed PE have realised we aren’t going to crumble and have skunk back into their cave and have filed us under “not worth the effort as we are going to lose” category? Thanks to the brilliant work of sites like CAG and it’s helpful and generous members I’d imagine their filing cabinet is rather full of abandoned claims....... I’ve checked the MCOL account (I posted a screenshot of this on an earlier post) and the last entry is on 20/11/2017 confirming that our defence had been received. If PE had withdrawn the claim or it had been stayed would MCOL write and tell us? From what I have read/understand about the court process MCOL would write to us to confirm they had received our defence and send an Directions Questionnaire to both parties. If PE had filed their RTD to the court would MCOL have forwarded a copy onto us? The RTD we received was sent to us by PE as the envelope had their PE’s address and Chorley postmark etc on it. I’m sorry if I am being an idiot and/or being over anxious but I am concerned that we have heard nothing at all from the court. I’m just trying to make sure I have fully understood everything and that I’m not overlooking anything. I don’t want my ignorance or stupidity to allow PE to be successful in their claim. Thank you for all your invaluable help and patience.
  24. nice of you to tell us they sent WP letter more than 2mts ago. First I apologise if I have fudged up, and I’m very sorry I didn’t mention the Without Predijuce letter. When the letter arrived I was very ill and was in hospital. Ashamedly I completely forgot about it until posting up the defence today. There was no way I was going to pay the reduced amount they offered to us anyhow. I thought (naively/stupidly) that by responding to the letter would show weakness and that we were showing signs of being intimidated into paying. I thought I was only to respond to court directives and not communicate directly with PE. I am very sorry if I was wrong and have not followed the advice given in previous posts yes ofcourse they are trying to rattle your cage. they're probably reading this thread and laughing out loud at you as it seems you don't have a single braincell and have so far fallen for every trick in the book that they've played to date and might just cave in if they send one more stupid meaningless letter with regard to the claim. First I apologise if I have fudged up, and I’m very sorry I didn’t mention the Without Predijuce letter. When the letter arrived I was very ill and was in hospital. Ashamedly I completely forgot about it until posting up the defence today. There was no way I was going to pay the reduced amount they offered to us anyhow. I thought (naively/stupidly) that by responding to the letter would show weakness and that we were showing signs of being intimidated into paying. I thought I was only to respond to court directives and not communicate directly with PE. I am very sorry if I was wrong and have not followed the advice given in previous posts. it is well stayed and should have been totally ignored but because you obviously haven't understood or read anything up on how these things operate ...the flag of 'there's a mug here - hit him' has been operated. I have read up extensively and been through the court process (albeit for reclaiming bank charges many years ago) before so I thought I had a reasonable understanding of the process. I have ignored everything PE has sent me so I’m a bit confused why you think I haven’t? so, just to example the above, what have you understood so far about the process of court claims, My understanding of the court process is You receive a claim against you. You acknowledge, state you intend to defend entire claim and request an extra 14 days to file defence File defence MCOL then transfer case to defendants local court Local court send out Allocation Questionairre to both parties. Complete AQ, Request small Cali court and oral hearing etc Parties send back AQ If claimants fail to file AQ then ask court to strike out claim If claimant sends back AQ the Court allocates court date and advises when witness statements should be filed. File witness statement and supporting evidence and send copy to claimants Attend court and argue case If you win ask for associated costs If you lose you pat within 28 days (when possible) to avoid CCJ being registered. when does a claim get stayed? I thought cases were stayed when the claimants request, if a judge orders is or if claimants fail to follow court direction and the defendants don’t realise so it says “in limbo” until either side submits a request to court for dismissal or for the case to resumed. and what did you actually READ on the letter that the court sent regarding this when they acknowledged that they had received your defence? Nothing as there has not been any communication from the court - that’s my concern. Apart from the notification on MCOL site we have not received anything at all from the court. They never wrote to us to confirm they had received the defence but as we did it online and it showed the defence had been received this was ok. I would have expected to receive notification of transfer and AQ by now. That’s why I’m a bit puzzled we haven’t heard anything.
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