Its the network that has issued the CCJ.

Hi,

Judgement was issued in 2010. Only just been made aware it was issued!

What I need to understand is what the Claimant has to do as they are not governed by the CCA.

So far this is what I have;

To set aside a judgment against me because;

1. Defendant did not receive a 'letter before action' before the claim was issued.

2. Defendant sent the Claimant a letter on 10/05/2010 disputing the amount due.

3. Defendant sent his new postal address to the Claimant on 10/06/2005, the Claimant did not update their records.

4. While the Defendant did intend to defend part of the claim, he moved address as per point 3, he never had a response, thus assumed that was the end of the matter.

5. Defendant was not aware of the judgement still proceeding at his new postal address.

Thanks, does anyone else have any info?

Hi,

What legal requirements do mobile phones companies has to fulfill to apply for a CCJ?

Do they have to issue a LBA? If so what how many days should they give to pay?

Do they have to issue a termination notice after the LBA expiry has passed?

Thanks

My advice is to PM poeple with HR expertise such as elche, Ell-enn, and Sidewinder, and include a link to your thread.

 

Assuming your position is now permanent, have you approached your employer with a request to review your situation.

 

Andy

Thanks have pm'd them.

I would be interested in this too.

My role is a Business Analyst.

I'd rather not here, I have pm'd you.

Yes I am a member of a trade union, Just thought someone may have some advice on here.

Hello,

I was offered a secondment to another job role verbally, I accepted, this was internal.

My question is should this have been made in writing to me? I have also just found out that almost all secondments within my company get a salary increase to the relative role, I did not, only once my 6 months was up and I stayed in the role, did I get an increase, and still do not earn what my equivalent colleagues do.

Thanks

Hello,

I currently work for a large firm, I work in a small team of 4 people, now I do have a different job title to the other 3 people but have been doing exactly the same job for over a year, they also get paid more than me and also had a bonus this year.

My question is, should I expect the same Salary, Bonus and Job title, considering I do exactly the same Job?

Thanks.

as above!

yes my account was in credit, they claim they didnt get the letters, I sent two letters to two different addresses. I have proof of postage.

my meeting is at 1pm please someone

I sent two letter to lloyds in december 2007 asking them to close my account, they did not do this and have ever since been putting charges on my account.

I have proof of postage, but the bank still wont wipe the account and close it?

I am quite happy to take them to court, will proof of postage be enough??

I'm off to see the branch manager today, so any ammo would be great!

You obviously know that you can use the CCA 1974 for the Credit Cards, as for the overdrafts well....otherwise try and claim back your excessive charges + 8% compounded interest on the bank accounts. If they continue to call after you make your reasonable request for everything to be given in writing, then write down ALL the times and dates they call you...

I didn't think you could cca for overdrafts?:-?

This is the reply i have had, any ideas??

I note your opinions concerning the ongoing OFT test case and your intended complaint to the Information Commissioner.

 

The information held by credit reference agencies only shows the conduct of an account in relation to the original terms and conditions. This has no immediate bearing on whether charges applied to that account by the company concerned are fair or unfair. We are not advising other companies of the charges you may have incurred and we are not aware of that information.

 

Although, an individual may claim charges back from a financial institution this does not mean that the status history of the account is necessarily incorrect. Therefore, if the OFT test case results in penalty charges being adjudged unfair, companies will simply need to alter the balance owed on that account rather than the late payments recorded or default status.

 

In order to have initially incurred a charge you will have breached the terms and conditions of the agreement you held. The status history simply reflects that fact.

 

With regards to the data you have disputed, the Barclays Bank account is marked as settled with no history of late payments. I am therefore uncertain of how you believe this data is inaccurate regardless of the outcome of the OFT test case.

 

You have made reference to our responsibilities with regards to the Default Guidance Note issued by the Information Commissioner. Neither of the accounts you have disputed are marked as defaulted so therefore this guidance does not apply and places no further obligations upon us.

 

If you believe that certain account entries are not a true reflection of how you conducted these accounts I would ask that you please clarify why.

 

I refer you to Section 13 of the Data Protection Act 1998 that relates to claiming compensation in relation to a breach of the Data Protection Act 1998.

 

13. -

 

(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

 

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if-

 

(a) the individual also suffers damage by reason of the contravention, or

(b) the contravention relates to the processing of personal data for the special purposes.

 

You will note that an individual is only entitled to compensation if they suffer damage as a result of a breach of the Data Protection Act. A claim for distress can only be made in conjunction with a claim for damage, so therefore if no damages have been incurred a company is not liable to pay compensation for distress.

 

Although you feel that this information is to your detriment, it would be difficult to establish that any specific entry is definitely the cause of any applications for credit being declined.

 

When you make an application for credit several different factors are taken into consideration and a lender is not required to disclose to you the exact criteria applied to a particular application. Credit is also not a given right and the fact you are declined further facilities would not equate to causing you damage and subsequently being able to claim compensation for that decision.

 

With regards to your comments concerning the information being defamatory, it is important to remember that defamation is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may give a negative image.

 

The information we hold is simply a record of how your account was conducted. You do not appear to be disputing the fact that there were breaches of the contract on your part, but rather the level of the charges applied in respect of these breaches. Therefore there is no evidence, regardless of the outcome of the ongoing court case, that the information we hold makes false claim.

 

All of our clients sign up to strict terms and conditions within their contract stipulating that they must only provide us with information that is compliant with the Data Protection Act 1998.

 

I recommend that you seek professional legal guidance prior to considering any claim. You may wish to consult with our regulator, the Information Commissioner's Office, in order to obtain an unbiased opinion.

 

Just had this reply, any help?

I note your opinions concerning the ongoing OFT test case and your intended complaint to the Information Commissioner.

 

The information held by credit reference agencies only shows the conduct of an account in relation to the original terms and conditions. This has no immediate bearing on whether charges applied to that account by the company concerned are fair or unfair. We are not advising other companies of the charges you may have incurred and we are not aware of that information.

 

Although, an individual may claim charges back from a financial institution this does not mean that the status history of the account is necessarily incorrect. Therefore, if the OFT test case results in penalty charges being adjudged unfair, companies will simply need to alter the balance owed on that account rather than the late payments recorded or default status.

 

In order to have initially incurred a charge you will have breached the terms and conditions of the agreement you held. The status history simply reflects that fact.

 

With regards to the data you have disputed, the Barclays Bank account is marked as settled with no history of late payments. I am therefore uncertain of how you believe this data is inaccurate regardless of the outcome of the OFT test case.

 

You have made reference to our responsibilities with regards to the Default Guidance Note issued by the Information Commissioner. Neither of the accounts you have disputed are marked as defaulted so therefore this guidance does not apply and places no further obligations upon us.

 

If you believe that certain account entries are not a true reflection of how you conducted these accounts I would ask that you please clarify why.

 

I refer you to Section 13 of the Data Protection Act 1998 that relates to claiming compensation in relation to a breach of the Data Protection Act 1998.

 

13. -

 

(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

 

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if-

 

(a) the individual also suffers damage by reason of the contravention, or

(b) the contravention relates to the processing of personal data for the special purposes.

 

You will note that an individual is only entitled to compensation if they suffer damage as a result of a breach of the Data Protection Act. A claim for distress can only be made in conjunction with a claim for damage, so therefore if no damages have been incurred a company is not liable to pay compensation for distress.

 

Although you feel that this information is to your detriment, it would be difficult to establish that any specific entry is definitely the cause of any applications for credit being declined.

 

When you make an application for credit several different factors are taken into consideration and a lender is not required to disclose to you the exact criteria applied to a particular application. Credit is also not a given right and the fact you are declined further facilities would not equate to causing you damage and subsequently being able to claim compensation for that decision.

 

With regards to your comments concerning the information being defamatory, it is important to remember that defamation is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may give a negative image.

 

The information we hold is simply a record of how your account was conducted. You do not appear to be disputing the fact that there were breaches of the contract on your part, but rather the level of the charges applied in respect of these breaches. Therefore there is no evidence, regardless of the outcome of the ongoing court case, that the information we hold makes false claim.

 

All of our clients sign up to strict terms and conditions within their contract stipulating that they must only provide us with information that is compliant with the Data Protection Act 1998.

 

I recommend that you seek professional legal guidance prior to considering any claim. You may wish to consult with our regulator, the Information Commissioner's Office, in order to obtain an unbiased opinion.

I think this is completly unreasonable, how will this teach a child a lesson?

They get away with it and they parents pay.

ah ok thanks fella !

I'll go for the cancel option, shame dl are abit pricey

If its been received then it is automatically scanned onto our system and then the original is destroyed.

 

As previsouly stated, as you cancelled within the 14 day cooling off period, it is as if the cover never existed as the policy is cancelled back to inception.

If you call in to our customer services dept then we can arrange for a letter to be sent confirming this should you need it.

 

DA

so direct line would send me a letter confirming my ncb? Or would it be best to stay with them for a month (ie cancel on the 15th day) to get a certificate? What would be the penalty?

yes it does, just worried about my proof of ncb now....

what would ur company do in this situation?

Do they keep hold of the proof of ncb I send them then?

I sent my proof of no claims to direct line about 10days ago, I have now found a cheaper policy, as I have 14 days to cancel this should be no problem,

my question is will they just send me my old proof of ncb back or issue me a new one from them?

Thanks!