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Everything posted by noomill060

  1. Well done for having the courage and resilience to see this through. Excellent news.
  2. I would send any letters you send "Signed For" posted at the Post Office at least and keep the receipt and tracking number very safe.
  3. I never actually sign anything. No legal reason why you must or should, its just a convention. No point giving them any ammo to fire back at you. You could put some XXXXs if you like, it wouldn't make a scrap of difference. I just end a letter: yours, blah. noomill060 (Note gap where you would sign a letter normally)
  4. As it now clear that microfiched data can be retrieved, and are not destroyed after 6 years I will now reopen my claim against them for my 1986 statements. It now appears I settled my claim in 2007 based on false information provided by Barclays and the ICO.
  5. Yeah baby, now screw them for everything including 20 years compunded interest at the contractual rate!
  6. I would not like to be in your ex's shoes when the Police come looking for him. Dropping you in it like this is despicable.
  7. Yes, if you settle you wont be able to reopen your claim.
  8. If they ask for costs they will be disappointed. Costs are not awarded in Small Claims. Fear not.
  9. No reason to give them any good news just yet. I'd just let them stew until you have the data and you are happy with it.
  10. If this is in the Small Claims track they can pursue all they like, they wont get any.
  11. You can make an application for an order to comply with your SAR through an N1. It would most likely would be heard in Small Claims.
  12. I know I have a few £5 penalty charges from 1986. Would dearly love to nail Barclaycard for them. I did try but ran up against the microfeche barrier, which was supported by the data commissioner.
  13. I went down this route. Got stuck when the ICO accepted Barclay's word that no accessable credit card personal data pre-6 years existed. (Good grief, I joined CAG twelve years ago this month!)
  14. Thanks ganymede, thats all I wanted to know. My N.Ireland solicitor knows all about vicarious liability, but cant do anything for me in the English courts as its a different juridiction.
  15. Have seen a solicitor for advice about vicarious liabillity, I do know what I'm on about. He said ask for £5000 and leave the amount awarded to the judge. Just asking about N1 forms and protocol- no experience of E/W claims. Thats all. N.Ireland has a much easier to use small claim system, but as its an individual in England I'm chasing, I cant do it through the N.Ireland court system.
  16. Also took photos at the time, father grinding away on welds. i'll put it up here when I remember how!
  17. I intend to sue the householder. They have VL due to the father acting as their agent or servant, not as as an independant contractor. The negligent act occured in England. I was walking on the public pavement, the welder struck the arc without warning or consideration. No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged. Have doctors report from a&e with diagnosis and diagram of injuries to eyes. Understand that court will hear case in absence due to expense of attendeding. If I attended it would add several hundred pounds due to travel- ferry/ fuel or flights, accomodation/ meals etc
  18. No win no fee sols not interested. Award would be less tha £1000. More bothered about eye injury. Both heads of claim would be included in one claim
  19. Both, but primarily damages for personal injury. I contacted a no win no fee company, but was told award would be less than £1k so they werent interested. Suggested N1 and small claim. Just a bit awkward doing a claim in England through English system whilst in another UK jurisdiction. I sure it can be done. Just wont be able to attend the court myself.
  20. In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability. The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds. well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments. Cleared up within a week. The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun. Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply. Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015. Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form. Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?
  21. If you can you show that you have suffered a financial loss as result of their action, you've got a claim. Have you suffered a financial loss? Can you prove that, within the balance of probabilities, it was caused by their actions in relation to the processing of incorrect data relating to yourself? Just noticed this thread starts in 2009- is this not statute barred by now?
  22. My claim was against an organisation (NCO Europe Ltd) who were processing incorrect data related to myself. This was not NOT a libel claim, do not get the two confused! I brought a SC action against them for an order under DPA 1998. Initially, the judge was persuaded by NCO's barrister that SC was not the correct place for this to be heard due to the wording of the ICO guidance which at that time related only to the England and Wales SC procedure. As usual, they had forgotten about Norn Irn's parallel, but simplified SC system. She did not throw it out though. Instead, she adjourned the case and asked me to come back when I could show that she was able to hear my case, which I did, drawing attention to the fact that the ICO stated that in E/W a judge would normally place such a claim in the SC track and that in Norn Irn, it is tha Claimant/Applicant who decides whether or not to make an application through SC or through a heavy duty claim in the County Court, known here as a Civil Bill. At the next hearing, the judge agreed with me that she could hear a DPA claim in SC and gave judgement in my favour. I pointed out to the judge that the ICO had appeared to forget about Norn Irn and a short time later (perhaps in response to my case) the ICO issued new guidance in relation specifically to bringing a DPA case in Norn Irn, stating that SC is the way to go. Read the ICO guidance on how to bring a claim under DPA 1998.
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