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  1. I received a letter from Cabot Financial claiming they own an old debt of mine from four years ago amounting to £7800. This debt may be genuine as I went through a very bad time during my divorce mentally and lost my business and home. I thought all my debts were settled at that time so I would like to challenge them as my credit file shows no debt. I have sent a prove it letter and would like to know my next step, a CCA request or SAR request should they persist. I have read that sometimes unsecured debt cant be enforced because the relevant paperwork is lost, is that correct? I am about to retire and have no assets. Thanks in advance
  2. I have a friend who has been messed around by a company for over a year regarding a potential debt issue when he expressed that the added strain of the length of time he had been waiting for their replies and dealing with the issue and misinformation he had been given had made him feel suicidal. He was expressing how bad their service was. A month later, after he sent the letter, he received a call from the police. He had to explain that he was not going to kill himself and had never had that intention either and when was this a police issue?. The company had coldly reported him and not sent any warning of this to my friend. He just received the call out of the blue. If he had not happened to have been around, apparently a police car would have been sent around. He was distressed by this and has never had anything to do with the police before and certainly not police cars outside his home. He said it felt like an act of bullying on the companies behalf. Not only was this a breach of data protection during a conversation with a company, but surely this can't be the correct thing to do?
  3. I'm unsure where to post this, I added FLP to my home insurance I needed to call on this policy therefor, sought legal advice through my home insurance policy. The policy referred me to a company (outsourced but covered under the policy) Initial merit test concluded I had over 50% for a successful ET claim, a solicitor was appointed, whilst the solicitor was compiling an ET1claim form, I was advised to contact ACAS to obtain ET certificates, unfortunately, ACAS helpline failed to advise me correctly, this resulted in me completing an ET1 claim form in error. Realising my mistake, I rectified my error with ACAS &the ET service on the same day. Several days later, my appointed solicitor issued the ET1 claim they were in the process of compiling. 2 weeks after rectifying my error, I received a “withdrawn” certificate from the ET service claiming I had withdrawn my claim; I forwarded this onto my appointed solicitor for clarification. Turned out, the initial form I completed was an ET1 claim, I was unaware at the time, following me informing the ET service I made an error, the ET service read this that I’d withdrawn my claim. Under rule 51 & rule 52 ET, you cannot submit an ET1, withdraw, and then resubmit another ET1 The company my solicitor represents decided to cancel my FLP cover, citing I mislead them by not disclosing I made an ET1 claim, at the timeI filed the form out (ET1) I was under tremendous pressure, and under GP treatment due to the issues that instigated my ET claim. I explained numerous times to my legal appointees my error was based on the advice I followed from ACAS helpline, My legal appointees refused to budge, despite all the evidence (emails, telephone calls to ACAS / ET and my deteriorating health) my FLP was cancelled. I sought alternative legal advice, currently; I’m £7000 out of pocket. I went through my legal representatives complaints procedure, my formal complaint wasn’t upheld, again, citing I mislead them bynot disclosing the initial error I made, thus, chances of successful outcomehad dropped below 50%. Based on the actions of my legal representatives, I registered a complaint with the legal ombudsman (including official documentationof the appeal hearing) The legal ombudsman service does not uphold my complaint, agreeing with the legal company, i.e. I should’ve informed my legal representatives of my initial error, allowing them an opportunity to rectify it, in hindsight, I believed I’d rectified it. As my initial error was rectified the same day, I didn’tthink it was as important in comparison to all the other issues I was experiencing. As a footnote, I had to appeal against the decision made inrelation to the “withdrawal” certificate, that hearing went without issue, the respondents and the ET judge accepted, I made a genuine error, my appeal was upheld,allowing my ET claim to proceed. I genuinely made an error, accepted by the judicial system, albeit at appeal. Whilst I accept the decision of the legal ombudsman’s service, given my initial legal representatives were fully aware of my medical condition and anxious state at the time I made the error, I believe, morally, mycomplaint to the legal ombudsman should’ve been upheld. The question is, as the legal ombudsman has failed to uphold my complaint, is it worth me issuing a complaint to the insurance ombudsman?
  4. Just over a year ago my wife was driving me into town in her car on a day when the ground was snow covered. My wife stopped at the foot of a hill when she saw that a car half way up the hill had stopped and was clearly in difficulties. The car then began to slide back down the hill very slowly and with cars behind us, my wife had no way of moving out of the way. The sliding car came to a halt when it bumped into our car. Driver admitted fault and exchanged details. A few days later got the go-ahead to have the car repaired and paid the £95 excess to the repairers when the repair was complete. Contacted wife’s insurance company to ask how to reclaim the excess and was told that we would have to reclaim from the other drivers insurance company which they said was Aviva. Aviva was not the insurance company named by the driver. However, phoned Aviva and because they said that the details we had provided were wrong they would not discuss the case and that we should again contact our own insurance. And yet we had provided the drivers name, the registration, phone number and the other relevant details as given by the driver. Contacted our own insurance again by email to verify or correct the details of the other driver and were shocked when they replied that because of the data protection act, the could not provide the other drivers details. Phoned the Ombudsman and was told that he could not understand why they would not provide the details because these were the details that were required in an RTC and in any case could be accessed online. Own insurance wouldn’t budge. Just received our insurance renewal which logs the bump as being my wife’s fault. Data protection has indeed gone mad. Aviva wouldn’t discuss because we gave the wrong details and our own insurance wouldn’t provide the details either because of data protection. Any advice?
  5. Hi To cut long story short, had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016). DCA wrote chasing debt - I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable. DCA said would look into the matter almost a year later, has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt. I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?) what would be a sensible course of action to take in respect of their request for me to get in touch re repayment? Most grateful for any advice and thanks in advance.
  6. Greater protection for renters thanks to plans to tighten tenant safety READ MORE HERE: https://www.gov.uk/government/news/greater-protection-for-renters-thanks-to-plans-to-tighten-tenant-safety
  7. I’ve never needed a mobile phone except when travelling up north to see my mum who’s in a care home. Just before Christmas 2014 I got a mobile phone from EE so I could stay in touch with work, etc., while visiting my mum. When I set it up it was clear that it didn’t work. I tried all sorts of things and it still wouldn’t work. But I forgot about it for a few days. When I got back after Christmas I decided to phone EE and tell them that it didn’t work. The problem was that they said I didn’t pass the security questions; as a result I could not speak to anyone. Couldn’t report that my mobile didn’t work! The weeks went on and I made other calls to EE, but was told each time that I had failed the security questions. Meanwhile, of course, I was paying for this non-working phone every month by direct debit (or standing order, I forget which). This went on for month after month, and still I was paying for a service which didn’t work with no way of getting the issue resolved. It was such a small matter (as I never need to use my mobile except at Christmas when I am away with family) it was out of my mind for 99% of the time. Eventually I reasoned that I was going to be paying for this broken thing for years – and they were never going to listen to me because they would always say that I had failed the security questions. I took the only option which was then open to me. I cancelled the monthly payment to EE. Now things actually made sense, and at last I was not paying regularly for something that had never worked. At this point let me be clear about something. I could install apps on the phone and I could use it for playing solitaire and other stuff like that. But I could not do what you are expected to be able to do with a phone, i.e. communicate. EE themselves will be aware, as they would have access to such data, that: Number of phone call I made while in that contract = 0 Number of phone calls I received while in that contract = 0 Number of text messages I sent while in that contract = 0 Number of text messages I received while in that contract = 0 That is the level of service I was getting from my EE mobile phone. In the meantime I had paid over £650 for this nonsense. I phoned EE again. again I was told that I had not passed the security questions. But by this time I was aware that the operator at the other end was reading a large amount of text which had been written on my account, EE was obviously well aware of the issue. Also EE would have been aware of the 0 calls and 0 SMS aspect of my strange account. It’s just that they obviously didn’t give a monkey’s. I asked how I could resolve this. How could I prove my identity? I was told to go to my local EE store with some ID and I would be given a password which I could use in subsequent phone calls to the help centre. I did. I phoned EE with my new password and asked for my money back. I was put on hold for several minutes and then told that the account had been passed to the Collections department as it was in arrears (of course they would have been flagged as in arrears: the only way to stop being mugged every month was to cancel the monthly debit!). (Oh yes, and to add insult to injury, because of the misperception that I was in the wrong EE was allowed to put a black mark against my credit rating. I also had debt collectors writing to me. But I was able to explain to the debt collections agency what had happened and they just dropped the case against me immediately- no excuse with security questions there: I just TALKED to them and they LISTENED! It's what people do.) The person I spoke to in the Collections department acted exactly as Collections people behave and said that I could not have my money back. When I explained that consumer law was on my side he said that I had “failed data protection laws”. I reminded him that data protection laws were there to protect consumers, not corporations who sought to rip consumers off as EE was obviously very keen to do to me. I also said that I wanted EE to delete the black mark that they had put against my credit rating. Characteristically he said that he couldn’t do that either, again, because I had “failed data protection laws”. EE is yet another company who uses data protection laws to their own advantage; to clobber consumers with them! I wonder if anyone else has been treated in this way by EE or another supplier. I’m also wondering how to get my money back – and to clear up my credit rating – from such a bunch of intractable people.
  8. Last autumn I checked my credit file and I saw loads of credit searches that looked like insurance - Aviva etc and probably a quote website, lots of mentions of LexisNexis. I then noticed that the date of birth given for the search wasn't mine - it was incorrect. So a fraudulent search had been attempted and what's worse, the credit reference agency had allowed it to happen and given out my data to loads of entities when the data used was partially wrong - surely this should have been spotted and therefore prevented from happening? I reported every search to the CRA and they deleted them. If that weren't bad enough later on I got a letter from a car insurance company saying my care insurance had been cancelled - well I don't have a care or even a driving licence. So clearly because my data had been transmitted fraud had now been allowed to happen. I phoned the insurance company and told them it wasn't me, and also managed to get the person to admit that the data of birth was wrong. I wrote them a letter after the phone call complaining that they had allowed fraud to happen despite using bad data that should have been spotted. They wrote back saying they have sophisticated systems blah blah. They also said that they hadn't applied any negative markers and that I could use this letter as proof that I had done nothing wrong - to me that implies they have done something to my data like put me on a database saying identity fraud or whatever that may affect my ability to get insurance? I find this really annoying because I hate not being in control of my data/being on secret databases and I have done nothing wrong. Should I complain to ICO + FOS? I'm going to GDPR the car insurance company now to see what they have on me and then ask if as a result of thier negligence they have sent my data to any third parties, which they have never had my permission to do.
  9. My wife and I have booked a cruise through Tui and my wife made the booking and today I phone the Tui shop and asked about a cabin upgrade and they had to have permission from my wife to speak to me about upgrading and after she gave permission I was told that it had to be done in person so I said I would pop in later to sort out the upgrade and choose the cabin ( which is another fee ) When I arrived at the Tui shop I was told that I could not do the upgrade as my wife was not with me I said that you spoke to my wife this morning and gave permission at no time did you say that she had to come with me ,cant you phone her at home and she can give permission .No was the reply Data Protection .my name is on the booking and I paid for the cruise in full check the payment ,but they would not deal with me . Surely if they spoke to my wife this morning and knew I was coming to pay for the upgrade why is this Data protection stopping me from doing something so simple no wonder firms are losing custom
  10. Hi, Just wondering if anyone can help, my claim for income protection has been declined. I have appealed but couldn't see any reason for the insurers to decline the first place I have been diagnosed with depression. Please see the reasons below: 1) They rejected claim without seeking any medical evidence from my doctor 2) They applied a deferred period even though they state it is a linked claim 3) During Rehabilitation Sessions (which turned out to be Claim Assessment Sessions) the specialist was more interested in gathering information to build a predefined conclusion to my absence other than my symptoms I would be grateful if anyone can help with the following: Does my employer have a duty to ensure the claim is assessed fairly Does my employer have a duty to litigate against the insurer Can my employer sack me before I get a decision from the Financial Ombudsman Thanks Ad
  11. Guidance Data Protection: rights for data subjects READ MORE HERE: https://www.gov.uk/government/publications/data-protection-rights-for-data-subjects/data-protection-rights-for-data-subjects
  12. Simple questions. Can the DVLA still give out your details without your express permission? Will it have any impact on PPC's and the way they handled data?
  13. Hello all, Had to guess as to the best place to put this as a bit of an odd case this: A year or more ago I took out Income Protection Insurance with Trent services. On May the 3rd 2018 I was told -totally out of the blue- that I was to be made redundant. Last week I received a letter from Trent services saying they were going into administration but a new company was taking over from May the 9th so I needn't worry. The issue is that my "incident date" as they call it, is six days prior to that and therefore, although my claim is legitimate, it can't be/won't be paid. The old company has no money to pay it. The no one won't accept responsibility and my employers can't change the date of my redundancy because of potential audit repercussions. This puts me in a pretty dangerous situation as I have only just committed to a new mortgage (two hours prior to redundancy!) Is there anything I can do? Thanks all Ali
  14. Airline Insolvency Review to examine protection for air passengers READ MORE HERE: https://www.gov.uk/government/news/airline-insolvency-review-to-examine-protection-for-air-passengers
  15. I've just been glancing through a worksheet provided by my local council on the new GDPR rules. One of the guidance notes states that: "You must tell people in a concise, easy to understand way how you use their data." It also states that "consent" for your data to be used in different ways must be freely given, pre-ticked boxes will not be sufficient. i.e. a seperate consent is needed for each type of use the data is intended to be used. So...where the DVLA is concerned I am quite happy to give my consent for a record to be kept of when my car is taxed, insured and MOT'd. However I do not give my consent for any personal details, such as registered keeper, to be given to any third party. I wonder how this would stand up when the new regs become law on 25th May 2018?
  16. Something that has been bugging me for a while. I do not want to name this company but people who have been following my thread against a certain security provider. Will know who it is. They have recently had a revamp ad have renamed their Mobile Patrol Officer position as Protective Services Officer . However reading up on this it appears it is the same name that police use in Australia . http://www.policecareer.vic.gov.au/pso/about-the-role Is this legal as the name is misrepresenting the actual job the person or company is claiming to do . Which is nothing near what the police do.
  17. Just wondering about this: As a part of an investigation at work, one of the emails sent to me by the case investigator was mistakenly sent to a person in the NHS trust who isn't part of the investigation. Does this constitute a breach of confidentiality and/or data protection?
  18. I have to be very basic in the info i give for legal reasons but wonder if i can get some advise Person A, Purchases a Holiday in Person A's Name. Person A Invites Person B to join the Holiday. Can a Council Contact the Holiday company and request booking info who was on the list if they wanted to check out person B where Person A is not subject of any involvement / investigations. can the council / under data protection obtain this info legally? Person B is under investigation by council and Person A is not in any way linked to this other then the invite to come on Holiday.
  19. I took out a policy on my car 2 years back for alloys and light scratches to the body work. Last month I ended up scratching the alloys and scratching the rear bumper. I reported this last week and was advised that they would not entertain the claim for the following reasons 1. The claim for the alloys needs to be reported within 14 days. I missed this by 2-3 days. I simply wasn't aware of this. 2. They claim the rear bumper is two panels where as its one rear bumper with a silver edging going across it. They don't cover two panel claims. its not two panels. A panel is a rear bumper as a whole. I was not advised any of this when I took out the policy. It was imply a we cover it all sales pitch. Do I have any rights here? Bump.... Anyone?
  20. Eon sent my vulnerable relative £679.44 charge 19-5-17 for Western Distribution visiting Eon then sent an outstanding balance of £1,080.35 Eon have set the meter to take £5 a week towards the debt. Doubt the property has ever had a meter reading in the 27 months that the relative has been at the house. Relative is very challenging due to mental health and does not engage with anyone including mental health, gp, etc. Relative is often not at the property for more than a night due to a break in at the property at the end of last year, they have become too upset to stay there, the doors were not secure after this despite having attention and anyone could come and go into the property who might have knowledge. An ex partner of my relative recently out of prison as been in and out of the property we do not know about this we do not know if they have been staying there items have been stolen. The family have had some security measures installed at the property in the last month it now as a bolted 6 foot gate and new doors and locks and new glass in 2 outside doors. I put in a EON Energy Fund application for my relative the reply has come today stating the application was unsuccessful when I contacted EON Energy Fund they stated that EON had told them not to accept the Energy Fund application this is so wrong my relative has not stolen electric they simply have not been staying at the property or using any energy, there was no electric or gas on in the property when relatives attended to work on the house and I doubt it has had any gas on for some time there was so much mould and damp. We were advised by EON to put at least £7 a week on the electric key to cover the debt and standard charge this we have been doing, relative went home for one night then left again it has disturbed them this break in then the knowledge that the ex partner has been using the property, we understand that the ex partner as been recalled to prison. What can we do about these charges and the fact that this Energy Fund application as been unfairly denied.
  21. Today I got a message from Payment Protection Scotland about payment of PPI and to pay their invoice. I will start with how everything started. Back in March I had filled in a form about claiming PPI with them and heard nothing back. 2 weeks ago I got a call from the Bank Of Scotland's internal PPI team asking me about PPI, what credit cards I had with them, when I got them, was I miss sold it or did I know etc and the man said thanks for everything, I'll let you know in 4 weeks what decision has been made, he said if any payment of PPI is due because I only paid it for one year, he told me that over the phone I only paid PPI for one year then it would be paid into my account and if not a letter would follow explaining why not. I don't check my bank account everyday I had no idea about this payment. I called the Bank of Scotland and they confirmed that the payment was made by them into my account for the PPI I am owed but they can't comment on any agreement made between me any other party. they want me to pay over £90 in fees and I don't know what to do. I don't know if the man at the Bank of Scotland phoning me was to do with them or if it's just their own internal team making phone calls to customers. I don't know what to think or do.
  22. Hi all Going through some old paperwork I found I had a 3k loan over 18 months back in 1996 with RBS. It has a loanguard booklet and have before seen a letter I am fairly sure saying I had this. I also found two personal illustration letters from 1999 talking about a lifetime assurance plan and mortgage protection plan. Sounds crazy but RBS, or RSA? collect a £5.00 a month d/d from my account which I thought was something I had to have...but don't actually know what its for as no reference numbers attached :/ What is the best way forward on this please? I did a few with Lloyds for my Dad but had all the paperwork, however this is much older! Found some paperwork, the £5.00 per month is for Royal Scottish Assurance Life Protector, I am sure I was told this was compulsory when you have a mortgage though? Mortgage started 1997 £45k but has changed lots and not even with RBS anymore! It changed to Aviva, or they took over in 2011. My mortgage also isn't with RBS anymore so all their information would be wrong. How do I stand with this please? Many thanks E!
  23. Hi, on the 17/07 apparently a meter reader attended my home address to read the meter, as no one was at home, they were unable to do so. As such, they pushed a leaflet type letter without any packaging through the mailbox informing me about this. On there, it says that the letter is on behalf of Utility Warehouse (a company I never heard of before this) and it says to contact a mobile number which is always either switched off or is busy. There is no time frame or anything as to when I can call, such as Monday to Friday from 9:00 to 18:00 or anything. There is no reference number or membership number on there, despite those words being written at the top. I have always been with British Gas so I have no idea why someone from a completely different company would want to get a meter reading. British Gas have their guy come over on a regular basis to do so as they provide the address with gas and electricity and have done so for over a decade. It states on the letter that if I do not get in contact with them (which I have been trying but the private mobile number is busy or switched off 24/7), that they will get a warrant to come and do so by force. There's a signature but no name or role within the company is stated on there, so I don't even know any names. At the bottom it says that Revenue Protection Services is a business of British Gas Trading Limited. However, as mentioned above, the letter is on behalf of Utility Warehouse. I have tried looking up Revenue Protection Services but have not found any legitimate information or contact details for them anywhere. I have contacted Utility Warehouse via email in relation to this but have not heard anything from them. I saw that another member on this forum got a similar letter a few years back, so I thought I would give it a go. At the moment, there is no mention of money or anything of the sorts - only that they will get a warrant if contact is not made. Has anyone else had any dealings of this nature? I don't know if this letter is even legitimate considering how fake it looks. Any information would be helpful. Kind Regards, G
  24. hi quick q, urgent is the Sentinel Gold (loyds) cr card cover included in this current redress scheme that deadlines on sat? thanks
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