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Everything posted by newmoses

  1. I have all the meter readings, and past bills in my account.
  2. Long story cut short. I was paying £57.00 p.m.direct debit to Toto energy before they went bust. I had dual fuel but hardly use any gas as I have a multi fuel burner. Along comes EDF to manage my account. I was then in credit by a large chunk, 2 months later EDF amend my d.d. to £41.00 p.m. Last week, I gave a meter reading for gas and one for electricity. I was previously in credit by around £38.00. This week, I had an email from EDF saying that they were increasing my d.d. in november to £70.00. I was also allegedly in debt to them to £92.00. I use around the same amount of electricity each day. I am out from 06:30 until around 17:30,5 days a week. How can I go from being £38:00 in credit, pay £41:00 p.m.d.d., yet the following month be £92:00 in debt to EDF??. I have contacted them and am awaiting a reply. If I don't get a satisfactory answer I will take the matter up with ofcom. Has any one else on here had a similar experience??. ,and if so, how was it resolved.
  3. My brother-in-law passed away suddenly a few weeks ago.It left my sister on her own. she has a bank account in her married name.She wants to open up a bank account using her maiden name and use it as a savings account.Can she legally do that now that she is a widow, and what i.d.would she need,like passport, birth certificate etc?.
  4. Can anyone answer this please? According to the Bill Of Rights 1689, Parking Charge Notice's (PCN) are illegally and unlawfully issued. There is a provision in the Bill of Rights Act 1689 which states: "That all grants and promises of fines and forfeitures of a particular person before conviction are illegal and void." It was stated in the case Thoburn v City of Sunderland, the decision commonly referred to as the "Metric Martyrs" Judgment. This was handed down in the Divisional Court (18 February 2002) by Lord Justice Laws and Mr Justice Crane (I will paraphrase, but you may view the judgment's relevant sections 62 and 63). 62. "We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional statutes." The special status of constitutional statutes follows the special status of constitutional rights. Examples are the . . . Bill of Rights 1689 . . ." 63. "Ordinary statutes may be impliedly repealed. Constitutional statutes may not . . ." This was upheld by Lords Bingham, Scott and Steyn in an appeal which went to the House of Lords on Monday 15 July 2002. I am not aware that the Road Traffic Act 2004 makes express reference to repealing the Bill of Rights Act 1689 therefore there can be no fine except for one that is imposed by a court. Has the Bill of Rights 1688 & 1689 been superceded by the TMA 2004?. Has the TMA 2004 been passed by Parliament or the House of Commons, or both?. Is the TMA 2004 lawful legislation? Is the Bill of Rights 1688 & 1689 still lawful?. I can only assume that councils use the term Parking Charge Notice, rather than Parking Fine, so that the section in the B of R act,mentioning fines are illegal unless a conviction is obtained, fro being the get out clause. If I am issuing pcn's illegally, then I shouldn't be doing it.If however,I am not issuing pcn's illegally then I am happy continuing in my role as a Civil Enforcement Officer.
  5. I now know the person who has been saying they do not ever pay council tax, parking fines, gas, electricity bills, tv licence etc. I will not disclose their name. Apparently, the person involved is using the Bill of Rights Act 1688& 1689. I think I have found what they are using. Here is a copied and pasted section:- Provisions of the Act[edit] The Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, which received the Royal Assent in December 1689.[20] The Act asserted "certain ancient rights and liberties" by declaring that:[21] the pretended power of suspending the laws and dispensing with[nb 3] laws by regal authority without consent of Parliament is illegal; the commission for ecclesiastical causes is illegal; levying taxes without grant of Parliament is illegal; it is the right of the subjects to petition the king, and prosecutions for such petitioning are illegal; keeping a standing army in time of peace, unless it be with consent of Parliament, is against law;[nb 4] Protestants may have arms for their defence suitable to their conditions and as allowed by law; election of members of Parliament ought to be free; the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament; excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; jurors in trials for high treason ought to be freeholders; promises of fines and forfeitures before conviction are illegal and void; for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently. The main piece I believe they are using is this section,third line from the bottom:- "promises of fines and forfeitures before conviction are illegal and void"; I am assuming that they believe they do not have to pay a parking charge notice, unless they have been convicted.If they do not admit to being the driver of the vehicle that had a council parking charge notice placed on it, then they have not been convicted and therefore do not have to legally pay the fine.The council will not take them to court, because the council know that a civil court cannot try them and so cannot get a conviction.Am I guessing correctly?.The same person is making comments on facebook saying that they have dealt with councils for many years, and won every case that they try to bring against them. I worki as a Civil Enforcement Officer.I once put a pcn on this persons car for parking on the pavement, adjacent to the double yellow lines. I was told a few days later by my supervisor not to issue to that particular vehicle.I can only assume that it is because of this issue regarding not being convicted,so no monies can be extratced from that person. I don't want to see people looking at the FB posts, and thinking they don't have to pay parking fines, council tax, etc, until they are convicted,then end up being taken to court,losing,then owing £hundreds. Does the TMA 2004 supercede the Bill of Rights?. Is the Bill of Rights the get out clause?. Do parking fines, council tax etc have to be paid under a given law?. Incidentally,it makes no difference to me wether a person pays a parking fine or not, as I am not on commission, and I get paid regardless of any outcome from a parking fine. I just don't want people to read into this persons FB posts wrongly, and end up with egg on their face so to speak.
  6. I have always been suspicious of people wether male or female who claim they do not pay council tax, tv licence , gas/electricity etc.Especially where they claim this law says this, and that law says that etc, which is why when I am asked if a person has to pay coincil tax etc, I say yes.
  7. Several times in the past few years I have been asked whether or not a person legally has to pay council tax? .I have been aware of something called a freeman of the land?. As far as I am aware, council tax is legally to be paid under a 1992 act which name I forgot. I think it is something like the government finance act 1992. Please correct me if i am wrong. I came across a Freedom of information request to Havant county council. The person concerned argued that he is not liable for council tax. The council argued that he is.Here is the askers reply to the council, who did not reply back to him " Only last week, I was told that someone does not pay council tax, gas/electricity, or tv licence fees?. Is this correct, and is there an obscure law that I am not aware of??. Dear Nigel Smith, Thank you for your reply. As you stated this tax comes under the Local Government Finance Act 1992. All acts require consent to be given the force of law, they are rules and regulations of society. They are not law. There is no law requiring anybody to pay tax of any kind. All taxes are made out to a legal body, Mr,Mrs whoever and not to the human being. This is why many judgements made in court with regards to council tax usually fall apart at the very beginning if the person defending themselves understands the law. Because the tax is against a piece of paper (birth certificate) and if there is no human to represent the legal fiction then there is nobody to pay. You presented many legal arguments for the tax but no lawful argument. As you are aware all acts fall under marine law (law of the sea) and have no power on land where common law (law of the land) is the power. These acts all require consent, and to say otherwise is being untruthful is it not? Your council is a registered company, with the objective one would assume of making money. If you wish to take money from somebody for a service under law that would require a contract, without a contract we do not know what service we are receiving for money paid. A company can only use company rules (legal acts) against another company (a person Mr.Mrs...)to enforce the collection of monies. Also as mentioned statutes are rules and regulations of society, and society is a group of like minded people acting together. A birth certificate is taken as proof of membership to the UK society, but should one wish to withdraw from this society as one can do from any group they are a member of, then the rules of that society no longer apply. If taken to court and tried under common law not statute law, you would find that the case would be short if it was heard at all. as has been the case with many people i know. Would you agree with what is stated? I look forward to your reply on this matter". Yours sincerely, David
  8. A good point that might be worthwhile remembering or looking int I asked for a copy of their planning application to Erewash Borough Council for the signage and ANPR cameras. I also contacted EBC myself asking for NPS's planning application. EBC's reply was that there was and is no planning application submitted to EBC from NPS. NPS themselves brought this up in their POPLA pack, saying they didn't need planning permission to erect their ANPR cameras, unless they installed new ones. Well, I can testify that their camera at the entrance to the car park, was situated on the corner wall of Barnados, was white, and way back last year, it was changed to brown. So there should be a planning application submitted to EBC for the new brown camera.
  9. The incidences regarding myself, my friend,and a work colleague were all after april 2017, so your cases being march and april 2017, should be invalid as well. If you want to quote me, you can use my name. The best one was my friends Ilona Rigby, which was the one that POPLA ruled against NPS saying their contract was dated april 2017, but as there was no end date on it, POPLA could not say for certain that the contract was ongoing. It had to have an expiry date to it.
  10. I need to sell quickly and look for a bungalow or park home as I was diagnosed with Osteo Arthritis around 4 years ago, and I am starting to struggle to get up and down stairs.And in may this year,I had a seizure, so don't want to risk another seizure whilst coming down stairs.
  11. I haven't instructed a solicitor yet as there have not been any offers on the house. I don't know if the estate agent who has my house up for sale would be able to give me the address of the 2 houses whose owners took HS2 to court.GDPR brerach I would guess. I could hang on until after the review to see if HS2 gets cancelled.Certainly there has not been any engineering or works of any kind in my area,other than cable laying last year.That's it,nothing else so far.
  12. I am just outside of the HS" zone for compulsory purchase. However,I put my house up for sale 4 weeks ago, and have had 2 viewers. Both said they like the house but the threat of HS2 having framework across the road put them off buying my house. I am aware that I can take HS2 to court and get the court judge to (hopefully),force HS2 to purchase my house at market value under the Blight Order. How do I go about starting the process?. Which court would the case go to?. Am i best enlisting a claims specialist with success in this field?. The estate agent who my house is on the market with has told me that they have the feedback documentation from the 2 viewers testifying that HS2 put them off buying my house, so they would be available to the court. Apparently there has already been 1 successful case on my street, and 1 two streets down, and there is another case on my street going through the court. Any help, laws,quotes etc would be greatly appreciated.
  13. Hi Stu007.The work colleague had no previous/existing faults when he took the policy out.Apparently,the company have tried [causing problems] a lot of customers like this. Many thanks to all for their input.The colleague has drafted a Notice Before Action to the company.he has also asked his card issuer to refund him under the Consumer Credit Act.They have asked for a copy of his contract. I will update as and when he gives me any more info.
  14. NOT SURE IF THIS IS THE CORRECT SECTION SO MODS.,PLEASE MOVE TO CORRECT SECTION IF NEEDED. A colleague at work paid a one off yearly fee of £183.48 to a company called 24/7 Home Rescue. This is for cover in the event of any breakdown on boiler, plumbing, drainage, electrical, Central Heating Systems, pest control etc. it is for anything to do with the home. The benefits include No charges for parts, No charges for labour, No call out fee, unlimited call outs, unlimited claims etc. Fast forward to 1 breakdown of a radiator being completely cold. A call was made to the company and an engineer was sent out, but not before a charge of £75.00 as a "Security Payment", according to the telephonist. The said fee was paid, and an engineer sent out to investigate. The fault was with a thermostat. The item was removed, and given to my work colleague. He was told that for it to be replaced, there would be a charge for the replacement part, even though the contract clearly states, NO CHARGES FOR PARTS. The colleague refused to pay for the part on the basis, his contract terms and the yearly fee paid. When he asked for the £75.00 "security payment" to be refunded, it was refused. I was asked if I can help out. My guess is that the company have broken their terms of the contract by charging a £75.00 "security payment" and then refusing to refund it, and also wanting a payment of £24.00 to replace the part. Surely the yearly premium of £183.48 covers what the terms of the contract states. Am I correct?. Also is this not a breach of the Misrepresentation Act 1967, by offering something then changing their mind/moving the goalposts to suit them?. Are there any other laws that apply that I have missed, and is there any governing body that can step in and intervene. Any help that I can give to the work colleague would be greatly appreciated.
  15. After all the investigation was done,the charge of Threatening Behaviour was abandoned, and the charge of Staff Disharmony was created instead. The charge of bringing the company into disrepute still stood, and I was disciplined for those 2 "Offences", to apepar before the Service Delivery Manager yesterday,(friday 27th July). As well a sseveral documents, from solicitors, police forces, and a case study, I went in with the Union top man and presented my case. The charge of bringing the company into disrepute was abandoned, due to what I produced, as well as using an excerpt from Witham V Club 24. The charge of Staff Disharmony i accepted.And walked out with a 6 month warning. So,to all those who thought they knew the law, and wanted to be judge and jury.You failed. It's not who you know, it's what you know.
  16. There are also plenty of cases where an employee has won a case of unfair dismissal at tribunal, and at an appeal by their employer as well.There ar eloads of cases in Selwyns Employment Law Book, which I have at my disposal.
  17. There are no bus companies based at Friar Lane.However,there are 3 companies who use Friar lane.TrentBarton,Yourbus(dunn motor traction), and Marshalls.
  18. Borisbeaver,the issue concerns a colleague/ colleagues, and was aimed at such, not at the employer.Nor was it concerning the employer. And as Bazooka Boo states, "people will always read far too much into it and will always make assumptions".That is exactly what someone has done.Misconstrued it entrely.
  19. So you are saying that warning a colleague that if he/she fails to legally record any defects on the defect card which is a legal document,that you will report them is bullying threatening behaviour??. If I had said,if.....etc etc,I will get someone to kill you, or set your house on fire, or beat you up on a dark night, then yes that is threatening behaviour, but warning someone of the consequences of not filling a defect card out properly is not threatening behaviour.Where is the threat in that?
  20. Borisbeaver,How can this be bringing the company into disrepute when it was my own personal opinion of 2 members of staff?.The company has not been mentioned, nor any of the management, nor any names,(although I did mention 2 cleaners). I have been looking at Witham v Club24,where an employee won her case against dismissal.
  21. I got into work today to be told that the company has received 2 complaints, and that they are suspending me on full pay whilst they are investigating the complaint. I think it all stems from a post I put on facebook.Here is the post:- So,a particular driver thinks my brother is talking all the time at Friar Lane does He?.Considering my brother cleans more buses than the other 2 cleaners,you are incorrect,and have failed to secure any brownie points.If you think you are clever being a grass, then read this......I am a bigger grass than you.You better be careful now, because I will be gunning after you.The slightest thing you do wrong, or fail to do, I will report you, and that includes failing to fill your defect card out correctly,or failing to record defects that I am aware of from previous days.BE WARNED,AND BE AFRAID. I can only guess that the 2 complaints are from the other 2 cleaners.any advice would be greatly appreciated.
  22. Here is what I looked up on Wikipedia..... The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.[1] Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements pertaining to the processing of personally identifiable information of individuals (formally called data subjects in the GDPR) inside the European Union, and applies to all enterprises, regardless of location, that are doing business with the European Economic Area. Business processes that handle personal data must be built with data protection by design and by default, meaning that personal data must be stored using pseudonymization or full anonymization, and use the highest-possible privacy settings by default, so that the data is not available publicly without explicit, informed consent, and cannot be used to identify a subject without additional information stored separately. No personal data may be processed unless it is done under a lawful basis specified by the regulation, or if the data controller or processor has received an unambiguous and individualized affirmation of consent from the data subject. The data subject has the right to revoke this consent at any time. Clearly a breach of GDPR.
  23. I think the taxi firm were sending a message out to the public..... ."Don;t get the bus, get a taxi"...… I too believe there is a breach of GDPR, but wanted to be absolutely certain, which is why i have posted on here for expert(hopefully) advice....... I am aware that the bus company are seeking tp pursue the assailant on the roof of the bus for damage to the roof of the 1 year old bus.
  24. Not sure if this is the correct forum,but it's the only 1 closest to my query, it involves an employee. Last week when England knocked out Colombia, there were fans congregating in a town center , blocking the road, and 2 buses were blocked in. Several dozen fans were converging on one of the buses which was immediately outside the pub., rocking it, opening the entrance doors via the outside emergency door button. The driver attempted 3 or 4 times to gently shove a few fans off. 1 fan actually got onto the roof and was jumping on the roof. A harrowing experience for the several passengers on board, some of whom were young women. All the time this was happening, someone was filming the incident. All of a sudden, the video clip is on Youtube. The driver concerned is angry that this video clip is on youtube , uploaded by a local taxi firm. The driver never gave his permission for the video clip to be uploaded or for the drivers face to be shown. The taxi firm did not ask the bus company if they could upload it either. Not only was it embarrassing for the driver at the time of the incident, but it was also a shock for him when he saw the video clip on Youtube, which has gone viral, and has had over 66,000 hits. The bus driver asked me if there is a breach of the Data Protection Act 2018, and/or a breach of the GDPR. As I am not clued up much on both, I cannot give a positive answer So, any help and advice would be greatly appreciated. I will print it off and give it to the employee.
  25. Not sure if this is the correct section to post in,but could only find this to be the nearest to my question.Mods,please move it if needed. Basically,the workers rejected the company pay offer,and were balloted for industrial action.The management imposed the wage rise and included it in each persons wage this week,going against Union protocol. I have a copy of the companys financial report covering the last 5 years.Would it be illegal to put this report in the union cabinet/notice board?.Would a data protection breach happen?.
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