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About Hondaman56

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  1. Well, I've received another letter today - and it looks like it is their response to my SAR request. Problem is, they've summarised charges on my present current account only, and then summarised a list of items NOT included - such as interest! In my SAR I specifically itemised ALL the accounts I wanted full data for, INCLUDING any manual interventions. So, they have not complied with my request. I am writing back just now to explain that they have not complied, and the meter is still running! To be fair, they destroyed the (HSBC) cheque that I included for their fee...... Th
  2. Pete I wasn't seriously suggesting criminal activity to get into the press - it was precisely what you said - an expression of frustration. I agree entirely that negative publicity is not what is needed - hence my "smile" at the end of the comment - and indeed, that positive publicity is harder to find. My course of action at present is as suggested below; in that I will complain to the ICO, FOS, and ensure my SAR is lodged viz. my credit card as well as the bank accounts. Thanks again.......
  3. Thanks Castlebest. Have put an SAR for full info on the crdit card today - can't believe I forgot to do that with all the other row going on about it up to date! I've sent Colin Langdale a letter today with the SAR indicating my intent to report HSBC to the ICO, to the FOS, and "possibly" to start a court action - not necessarily limited to just refund of unfair charges. As regards media - yes, an angle is all important. I suppose "stealing" (sorry, unlwafully removing/using their claimed right of set off even though the account was in dispute) the rent money only allows a cert
  4. Well, isn't that a royal pain! So, since Section 247 repeals, among other things, the above useful piece of legislation, what equivalent protection is provided in its place I wonder? I guess it goes back to the Data Protection Act after all? Thanks Meshi
  5. Pete Thank you. Yes, annoyed is probably understaement of the day at present....8) I have just completed the obligatory draft letter to Mr Colin Langdale at the above mentioned Gate to Hell. However, I will err on the side of caution, and probably re-write the entire thing tomorrow. No doubt it is presently full of invective that will leave me wide open further down the road. Just a thought - how does it go with threatening full media attention at this stage - my instinct to be honest, is not even to reply to these jokers, but simply to issue a Letter Before Action on the
  6. UPDATE: I have today received a letter on the credit card matter. You just have to hand to them their evident skill in (a) missing the point entirely, (b) denying that what is factually in front of their noses even exists, and © their ability to consistenly acknowledge any act of inpropriety on their part. I am now absolutely positive that bank staff get trained in the same place traffic wardens do. Today's letter, a reply to my very comprehensive letter outlining where, and why, they were wrong, including proof, and pointing out the relevant law, states that the writer is "sor
  7. Remind them of their legal duty under the Data Protection Act. As you say, theey have been happy to take your money, and will send to the address you've lodged with them - if that's on the Electoral Register, against your name, they have no issue. They do not legally need ANYTHING with your signature on it. Regards
  8. Hi Margaret Your contract is probably with the insurer underwriting the cover - not with PC World - they would only act as agent in this case, although they may have sold you the computer. You probably have a case for failure to perform, for compensation and for damages - so long as the time frame specified in the agreement for repair has passed, and no rememdy has yet been forthcoming (or does not go far enough to satisfy the rights of the agreement. A lot may depend on the agreement you signed, and requested repair under. In any case, they cannot argue their liability i
  9. Not strictly true. Any image (or voice recording) may be admissable as evidence if it can be shown that there was a reasonable likelihood of belief that a recording (voice or video) was likely to be made [of an incident, or event]. Of course, the data needs to be provably authentic too. A written statement, notice, or poster advising that calls (or video) are generally recorded suffices as notification that you may be recorded - and continuation (of speech or motion) provides tacit agreement to be recorded in most cases. No CCTV system in the UK would be legal otherwise. Obviou
  10. Thanks Sharpman Useful in that it led me to the Limitations Act, 1980. Section 24 states: 24. Time limit for actions to enforce judgments. — (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due. I can comprehend this being the basis on which CCJ information is retained on a credit reference file for six years - it would
  11. Hi Gang I have another question, which someone with law knowledge will hopefully know the answer to - Reading through most of the available literature, seeking advice in the way one does, the general understanding is that information about a person and information concerning him kep in public record is available for a period of six years. What legislation provides this right? I've had a look through the County Courts Act 1984, and cannot see a timescale for any judgement entered. I've looked at the Courts and Legal Services Act 1990 and cannot see any relevant statute the
  12. Hi All I understand the terms "Default" and "Termination" to have different legal meanings - but; What is the position in law where an account or agreement is placed in Default, and the account is subsquently indicated as being closed? Is that legally the same as termination of the agreement which would have been in place to operate the account? If it is determined as such, then it would also appear to me that every Credit Reference Agency is essentially in breach of the CCA 1974, Section 174(1). No information obtained under or by virtue of this Act about any individual s
  13. If your 40 days are up - i.e. since Littlewoods cashed your cheque, then its time to get the Information Commissioner involved - by all means send Littlewoods a letter stating that their failure to comply with your request for data (your SAR) has resulted in a breach of the Data Protection Act. Make sure your letter is aimed at the "Data Controller" for Littlewoods. I would be getting the IC involved now, as that will add wieght at least to any case you may bring against them.
  14. Pete You've effecitvely already executed the SAR by obtaining your files. What you need to do now is challenge the information with the organisations who have placed the information. You may need to speak with each of the agencies to find out more detail - it would be likely that information on one is similar to that on the other. Defaults *can* be challenged for a few reasons - such as where you did not receive any default notice, or where the account was actually settled prior to the date of default. In any case, once you have details of who placed the default on your file
  15. Hi Pete I may well be corrected if I'm wrong here, but: A notice of correction is not the way to go. It can do more damage than help in the long run, because unlike other information, it does not come off your file when the item the notice addresses does - it stays on until you request its removal..... and can affect future credit by pointing out that you had a problem in the past, after the issue has gone. In your situation, from what you've said, you've started the correct way - in that you've been in touch with the insurer, and your former employer and requested the correct
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