Hi All, I’m writing to seek some advice. Our business has a contract with 3G mobile and have, done so for over 3 years and throughout this time we haven’t had too many problems. It was only recently that a problem surfaced and hence the reason for my posting today. Around 2 months ago I received an email from another company who had been sent a copy our “completed direct debit mandate”. It first I thought that it was spam mail until I open the attachment and there it was our completed mandate with our details and my signature. As you can imagine I was furious and called them right away and they denied all knowledge and advised me to put something in writing which I done straight away. A few weeks later I get a response stating that my details were only sent to one company in error. The letter went on to say that based on this and the fact that I have not suffered any loss they are not prepared to offer any compensation. It was noted that there data protection officer was fully aware and should I suffer any fraudulent loss then it should be reported to the police. I then went on to write another letter stating that although I have not suffered any loss it has obviously had an impact due to the severity of the whole situation. I advised that I did feel that I should be compensated etc, etc. I received a letter again today again stating much the same as the first which was very disappointing as it looks like the do not want to address the issue. It seems like they are off the opinion that this is not very serious. I’m seriously considering making a claim via the small claims court to recover damages based on the time I have spent writing to them and calling and also dealing with the other company who were sent my details. I feel it is only fair as I had no option but to spend time in order to ensure that I would not suffer from fraud. I want to know if anyone thinks I would be successful and is there anything else I should do in terms of reporting them. I have already reported it to the information commissioner and I’m awaiting a response. Regards Robert

Hi All, I’m looking for some advice for a friend of mine. He took out a higher purchase agreement with Land Rover Finance about 3-4 years ago. About 6 months ago he decided that he could no longer afford the car and asked them to come and collect it which they did. At this stage he had paid around £9000.00 and there was no mention of them wanting any further monies. It was only recently that his account was sold on to Link Financial who are now chasing him for £3000.00. I told him it may be an idea to ask them for a copy of the agreement as it may not be enforceable but I’m no expert. After sending them a postal order for one pound they sent a copy of the enclosed agreement. I’m looking for assistance on wither this would be enforceable and any guidance on how he can avoid the charge of £3000.00. This charge is for the credit and nothing else as the car was in excellent condition. Any help would be greatly appreciated. Robert

Hi Jenschnifer, Many thanks for your comments. I wasn’t saying that Davjoh was incorrect, I was only pointing out that I disagreed with some of the statements that were made. I do agree that law cannot be applied retrospectively but when cases are heard they don’t tend be based on the outcome/decision of previous cases. It may worth noting that a company I used to work for used to put references to previous cord cases on advertisements. It was only when the company employed a lawyer that he said to remove these as they are irrelevant. It will be interesting to find outcome of this case but I do hope for the OP that the DDA does apply as I’m sure it would offer great comfort. P.S. This will be my last post on this case as I don’t believe further posts will be of any assistance to the OP. It also my belief that sometimes it’s best to say I agree to disagree and move on. Robert

Hi, Many thanks again for your comments. As I mentioned before I feel that I’m not going to be able to understand your view point as it differs from my understanding. As you may appreciate I have worked and continue to work in an industry were the DDA is very important. Although I accept that my opinion/understanding may not always be correct I would like to think that my experience of dealing with the DDA gives me a good deal of knowledge. I am aware that it is not the GP, Occ Health Nurse or an Occ Physician that would decide but they would most likely be involved in the process. I do take on board your comments that I sad other cases aren’t relevant then spoke about a similar case. I also noticed that you said ”the fact that you have one that supports your position (with no details posted) is relevant” Obviously due to various acts I would not be allowed to post such details as it refers to a patient that our company has seen and therefore it would breach patient confidentiality. I hope that you can accept this is my only and “sole” reason for not publishing details. I would be interested to establish were you gained your knowledge of the DDA as I do accept that you do have a degree of knowledge of what is involved. Robert

Hi Davjoh, Many thanks for your response I again have to disagree with some of the points raised. There are several references to previous cases and this is always the wrong way to look at things as no two cases are ever the same. I think what is important is to concentrate on wither a medical professional would support the DDA, which at this stage I do not think they would. In every case it has to be clinically supported and with this condition I don’t they would support it at this stage. There is one key point and that is Dori20 is still to undergo cruciate ligament replacement and it’s my belief that no decision would be taken until after this point. Any medical professional with a duty of care would want to ascertain if there has been any improvement prior to considering the DDA. Although the consultant believes this may no solve the problem they would want to wait to ensure that his/hers theory is correct. The reason why I’m aware of this is because we recently dealt with a case that was extremely similar. I take on board many of your comments but I feel that I’m not going to be able to understand your view point. Robert

Hi, I think you may have miss understood me what I said was "As you have not been suffering from this condition for more that one year you will not be considered under the DDA" What I was saying is that she would need to be suffering from non-functional Anterior Criciate Ligament for at least year before she would qualify under the DDA. The DDA is not that clear as to what is classed as a disability and with this type of injury they like to wait for one year. The reason for this is that it is “impossible” to prove how long this will last. If you read the first (original) post it also states “the consultant feels that this is not the cause of the pain or swelling or locking/slipping of the knee”. In order to qualify under DDA you need to suffer from a named condition and at this stage the consultant is obviously not 100% what is the cause. If the consultant is not sure then it is unlikely that he will be able name the condition, which is the route cause of the problem. I apologies if I come across argumentative this is not my intention I just wanted to clear up which I feel is a misunderstanding. Robert

Hi, I’m really shocked to hear the way you have been treated by your employers it is gross negligence at best. As a Director of an Occupational Health company it alarms me that you would be allowed to work in such conditions without a “proper risk assessment” been carried out. Obviously I only know one side of the story, which is your but on that basis I would say that you are been treated unfairly. There is a specific law that protects new and expectant mothers at work and I get the feeling that your Health & Safety chaps is not up to date. When employers receive written notification from you that you are preganat they must conduct a specific risk assessment (New and Expectant Mothers). The assessment must take into account any advice provided by the your GP or Midwife on your health. If any risks are identified then it is up to your employer to take action to remove, reduce or control the risk. If they can’t remove the risk then your employer must: Temporarily adjust your working conditions and/or hours of work; or if that is not possible Offer you suitable alternative work (at the same rate of pay) if available; or if that is not feasible Suspend her from work on paid leave for as long as necessary to protect her health and safety and that of her child. I truly believe that what your employer has done so far is a breach of the New and Expectant Mothers Act 1999. It may be worth point out that any breech of health and safety legislation in relation to new and expectant mothers is considered automatic sex discrimination. If I was to offer you any advice I would say that you should speak to your GP as they can write to your employer to tell them that this may pose a risk to your unborn child. It is worth noting that the stress that this is causing may also affect the health of your unborn child. I would also raise this with your Health and Safety Manager as he should be aware that it is playing on your mind. The thing that I personally find very alarming is that he stated that some employees are “testers” this is down right negligence. If I can offer any additional help feel free to contact me. Robert

Hi There, I’m actually a Director of an Occupational Health Company so I may be able to give you some help. As you have not been suffering from this condition for more that one year you will not be considered under the DDA. There is, obviously other options such as Ill Health Retirement but an Occupational Health Physician would make this decision. I’m keen to learn if your employer has discussed re-deployment with you or if you have actually seen an Occupational Health Nurse/Physician. I’m sure there could be adjustment made to your working environment but before this can be done it would be in your best interest if a work station assessment was carried out. I would push your employer to carry out a risk assessment to see if your job may be aggravating your condition and establish if any changes could be made to accommodate your illness. If I can be of any further assistance feel free to ask. Robert

Hi, I need a little guidance from someone regarding my claim against HBOS. I recently signed a trustdeed, which is also known as an IVS in England probably about June-July 2006. Although I was hesitant about making a claim against HBOS given I owed them money etc, etc. When I thought about the matter I felt they were partially to blame after all they had levied several charges against me. The facts are that they lent money to me irresponsibly at a young age which was then my down fall. As a result of all the pressure I was under to pay the money back I went through a bad spell of losing my job and also depression etc. What then happened was that I couldn’t afford to pay them and they didn’t want to accept any offers. I was backed in to a corner and had to sign a trustdeed to protect myself. I want to know if this would affect my claim against them at this stage it hasn’t come up so I don’t know what they are thinking. I lodged the compliant about 30 days ago and I have heard nothing since. I called customer relations and was told they are taking the maximum 40 days that they are allowed by law. Any advice would be appreciated. Robert