Department for Constitutional Affairs - White paper - Effective Enforcement

it may be possible to find ms renshaws home number through her local council and address lol see if she likes everyone on cag phoning her

just pondering this thread has gone quiet , (A)has anyone ever cheked the consumer credit licence of the Banks (B) is their a goverment code of conduct with the ters and conditions ©is it possible to prosecute the institutions ,for un lawfull charges on the basis of Transparancey of all charges based upon unlawfull processing of personal data © the Un Fair Contracts ,that are Non Negotiable by the balance of power being in their favour this assertion is based on the Repugnant Rule the implied object clause were we waiver our rights to their processing of such data in an unjust and anfair basis the unlawfull charges of default and the credit scoring against ones charachter and worthiness without proven and lawfull process of the law courts the evilness of trading data which on some occasions can be both untruthfull and unlawfull and vexhatious causing terrible harm to ones charachter and for good mesure have a charge leveled aginst the ICO and TS and FSA and can we ask for a judicial enquiry into the concerns of the goverment bodies who have consistentley failed in their capacity to manage just me having a moan but some intresting points for all to discuss patrickq1 hope you had a good haliday mugsy

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hi maggie sorry to hear you are still getting problems have a look at thisRegrettably, some over zealous collection agencies seem to be flouting the laws because they know that most people are not aware of what they can and can't do. There are a number of laws that protect people in debt from unreasonable behaviour from creditors or their agents, namely, Section 40 of The Administration of Justice Act 1970 and specifically, The Protection from Harassment Act 1997. to be clear about this, it is a CRIMINAL OFFENCE if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).

ok robert i know it is daunting all this legal stuff but what i will sugest is that you go to the start of the forum and look at http://www.consumeractiongroup.co.uk/forum/ you will see a particular section http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/ and read through some of the threads on their it will give you some guidelines if you get stuck i will get someone to respond to your case see if they can clarify whatever you get stuck on ok mate have a good read first though

have a look at the threads of peter the bard very interesting threads and i think you will see where its all going patrickq1

their is no statutes concerning this other than it being processed legaly through the courts and as for the you signed the waiver then the banks and finance co have already breached your data protection by the use of the REPUGNANT RULE this also brings into question your human rights and under the eu rights to privacy,,the banks have used undue influence etc,,,but mostly the banks.finance are subverting the right to justice and the UK LAW ,so to use your personal data this is being used in such a way as to discredit or cause damage to your character...

in other words THE REPUGNANT RULE will stand up against the terms and conditions where we find that we have to sign this contract with the waiver of our rights to DATA PROCESSING and the passing of this to other parties

THE REPUGNANT RULE, IMO an application that would involve a construction of waiver to a rule of law,FOIa ,THE DATA PROTECTION ACT it is clearly inconsistent with the manifest intent of the lawmaking body and to subvert the HAMAN RIGHTS CHARTER or repugnant to the context of the same rule of law Indeed using their argument, it is debatable whether processing during the lifetime of the contract even,could be classed as fair [[ie it is unlawful]and therefore should not be permitted under Schedule 1 of the Act,and also entering peter arguement that our laws are being mis interpretated ,To paragraph (b), I can only presume that x has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves x with the only remaining possibility of requesting an exemption under paragraph (a). So, we must turn to the exemptions permitted in paragraph (a) to find where xs’ Data Controller may invoke his perceived exemption to the Data Protection Act, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below: “1. The data subject has given his consent to the processing. 2. The processing is necessary- (a) for the performance of a contract to which the data subject is a party, or (b) for the taking of steps at the request of the data subject with a view to entering into a contract. 3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. 4. The processing is necessary in order to protect the vital interests of the data subject.” patrickq1

i have nt even bothered to see my details from experium or any other if i did it would fill several pages on here ,especially when i had five defaults for the same debt from blenheim finance ,will sort it all out after october though Looking at other peoples threads regarding statute barred, im expecting them to come back and say that as ive written asking for information, ive aknowledged debt to them and then demand payment, although I very much doubt they can tell me where it comes from..Gc only thing i would like to see is a whistleblower from one of the cra to come forward and report that the cra are touting your name about trying to find more ways of obtaining monies for their business...third party data see peterbards work on this type of data and dont forget your information could have come through the local council

lol odc i like that poor doppey dog oops sorry dobby could nt help that pun i just had to laf that you sent of to the cra for details this is classic for them you did their work for them by letting them know you were still alive sorry mate patrickq1

also do not sign with your usual signature print your name this way they cannot cut and paste your signature to any agreements Creditors and DCAs - Letter Templates & Budget Planner these are the templates for DCAs so follow the guidelines and when you get a formal response from these companies you must seek help on this site from the debt helpers or moderators good luck patrickq1

Consumer complaints about Sony Computers it seems their are endless problems with the sony laptop i would copy each and every page of the complaints and definitely check the pc mags as it may be you can demand either repair or replacement..

sorry i cant help robert but an interesting on but i would be inclined to agree with pat davies it seems a faulty board and you seem to have issued a summons it would be best to send the summons to the sony centre along with a copy to sony manufacturer and if you have found simmalar faults through as sugested google then its possible to have sony act as your witness to explain this inherant fault perhaps that might scare sony into settling the claim before court action ,but google with the fault diagnosis and it will show up if it is a manufacturing fault also look through pc mags and find out through back copies on the net if their is an admitance their is possible failures with this model Sony Vaio Viao PCG-GRV670 Video Problem, video distortion, GRV680 video distortion, GRV670 ATI Radeon video problem, GRV690 Video distortion, Sony Vaio GRV scrambled video this is what i have found on a quick yahoo so if you google you will surely find it seems like a manufactures problem good luck patrickq1

hope im not boring anyone but this is something i have been looking at for over the past year as you already know peter

Standard form contract - Wikipedia, the free encyclopedia their is also one more peice of eu legislation i have to find that should give a complete picture it concerns the CRAs and in particular the truthfulness and honesty of the data and also the right to be notified when your data is being processed or searched i will find it its in my data files but on another hard drive damm

they may argue we have signed the agreement giving the finance /banks authority to process our data this comes (then)under the term catch 22..i mentioned before the "repugnant rule" this is not dormant it is a signing of the contract which in effect is a contradition to our rights under the data protection act...dont know wther this is helpful PETER but worth looking at Regulation 5(1)[3] sets defines the principle of unfair. Has not been individually negotiated [4] Causes significant imbalance in the parties rights and obligations. Contrary to the requirement of good faith. Has not been individually negotiated encompasses terms of which the consumer has not had the opportunity to mould. Terms that have been individually negotiated are outside this regulation, the contract however, and other terms, may be.[5] Causes significant imbalance. This requires the term to be to the detriment of the consumer and benefit the seller or supplier to an excessive degree.

looks like your back on form peter have another look at the EU act Council of Europe - ETS no. 108 - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

The Universal Declaration of Human Rights states in its article 12 that: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks

have a look through this page see if you can find anything that may be relevant Department for Constitutional Affairs - Search results

thats about right as well busby ,seems he is in a dilema but as long as he maintains payments without excuse until he can get his rights ..this is why i sugest the citizens advice i do remember this being a problem in the early 90s

I will call the as I say I have a problem with one of the windows and I need someone to come and sort and see what they do. this will be your best course of action as to assert your right with regards to warranties,if the debt collection/finance company want to respond to your complaint to faulty workmanship or other warranty issues then you could ask them if they are willing to take over the maintanence reonsibility,their is another alternative and that will be the liquidator who assumes responsibility of the company,so a letter to them also to see who is taking over the warranty ,this will then give you a clear insight as to what to do next,or it may be worth trying to see through citizens advice who are probably more familiar with this sort of problem over the years as you will be aware in the early 90s hundreds of companies was going bust weekly and i seem to remember that this was a problem then with regards to finance ect: sorry i cant be of any more assistance ,you could also pm one of the site helpers and one of the moderators to see if they have some knowledge of what where and when good luck mate patrickq1

extracts from citizen advice on Protected goods The definition of protected goods (i.e. goods which cannot be seized by the bailiffs) for unpaid council tax is: - ‘such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally in his employment, business or vocation’ and ‘such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family’ Council Tax (Administration and Enforcement) Regulations 1992, Reg 45(1A) Scale of fees and charges In council tax arrears cases, for each liability order where no levy is made, £22.50 for the first or only visit, and £16.50 for a second visit. No charge can be made for subsequent visits. For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable): - [Table] Where the sum due is £100 or less 22.5%(£22.50) For the next £400 4% For the next £1,500 2.5% For the next £8,000 1% For any additional sum 0.25% The charges in council tax arrears cases are as follows: [Table] Walking possession £11 One attendance with a vehicle with a view to removal of goods where, following the levy, goods are not removed Reasonable costs Removal and storage of goods Reasonable costs Valuation Reasonable costs, but no charge can be made unless the client has been advised beforehand of the charge and how it is calculated Sale Up to 15% of the proceeds of sale if the sale is held on auctioneer’s premises, plus reasonable out-of-pocket expenses and reasonable advertising costs. Where the sale is held on the client’s premises, up to 7.5% of the proceeds of sale, plus reasonable costs Where sale does not take place £22.50 or the actual costs up to 5% of the amount of the liability order (whichever is the larger sum) Council Tax (Administration and Enforcement) Regulations 1992, Schedule 5 Reg 45(2)(b) The above fees and charges were last uprated in 2003. The Department for Communities and Local Government has recently published a consultation paper in which it is proposed to increase these fees in line with inflation (8.4% between April 203 and April 2006), rounded to the nearest 50 pence. Vulnerable situations – extract from National Standards for Enforcement Agents · Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour. · Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home – if appropriate. · Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12. · Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or Braille for debtors with impaired sight. · Those who might be potentially vulnerable include: · the elderly · people with a disability · the seriously ill · the recently bereaved · single parent families · pregnant women · unemployed people · those who have obvious difficulty in understanding, speaking or reading English Department for Constitutional Affairs, May 2002 Glossary of terms Bailiff A person who is employed to obtain payment of a debt through removal or threatened removal of goods. Certification Private bailiffs who enforce distress for council tax (and rent, road traffic penalties, etc.) must be in receipt of a certificate. This is granted by a county court judge, who must be satisfied that the bailiff is a ‘fit and proper person’ to hold such a certificate. Distress & distraint These terms mean the same, and refer to the process of removing or threatening to remove goods in order to enforce a debt. Enforcement This is used to refer to any process of seeking to compel payment of a debt by the use of a legal remedy. Impounding This is the process by which bailiffs obtain legal control over the goods they have seized. In other words, the process of impounding gives the bailiff the power to return to the premises, remove and sell the goods. Goods could be impounded by immediate removal, or by leaving a bailiff in ‘close possession’ of the goods, i.e. on the premises. However, the most common method of impounding is ‘walking possession’. Levy The process whereby a debtor’s goods are seized and impounded. See Advisernet 13.15.16.14 Bailiffs: a glossary paragraphs 12 - 29 for a detailed description of the process. Private bailiff All bailiffs other than county court bailiffs are private, i.e. they work on a commercial basis and obtain their income from the fees they charge for the work. Replevin Where goods have been subject to distress illegally, replevin is a court remedy which can be used to recover those goods. Seizure This refers to the process of identifying goods which can be taken to redeem the debt. Walking possession This is the form of impounding which is most commonly used for the enforcement of domestic debt. Once goods have been seized, they remain on the debtor’s premises, and therefore available for his or her use, on the understanding that they will not be removed. Once a bailiff has obtained walking possession, usually via a signed written agreement, he has the right to return to the premises, forcing entry if necessary, and to remove and sell the goods. There is a charge for walking possession, which for council tax is a flat fee of £11. Warrant As in ‘warrant of distress’ - the authorisation which allows bailiffs to carry out the process of distress.

Department for Constitutional Affairs -