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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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2 defaults Egg and Vodaphone - Default hell!!


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Surly bonds,

 

I have just received an interesting letter from NatWest Credit Card Services - who's Litigation agreed in writing to originally agrered to remove a default... which they haven;t done yet.. so I chased them with a letter to customer services.

 

I have received an a reply with a very interesting paragraph;

 

"In accordance with an agreemment set up between the British Bankers Association and the Data Protection Registrar, your detials will remain registered for a period of 6 years from the date of registration. This Areement carries full approval of the Office of Fair Trading."

 

I would love to read a copy of such agreement. Maybe it was done over a round of golf?

 

Neo

 

I've also had an interesting reply from Experian today, citing the same cosy little get together and "industry agreement", which by the way is still NOT a legal statute.

They also claim that with this agreement and the four exclusion paragraphs of the DPA, then can therefore exclude my request.

 

However, I have responded with their own argument citing the very four exclusions that I put in the letter in my Stick thread at the top of this Legalities forum. In particular, their insistence of paragraph 3 as their so-called 'right' to retain the data:

"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."

 

My response today has been along the lines of:

Please note that this allows an exclusion if it is in accordance with any "legal obligation".

I went on to say that the legal obligation as far as the civil contract was dead anyway... besides that point that the end of this paragraph expressly exclsude contracts!!!:D

So, Mr Experian, by your own argument and response, you are relying on legal statute, and I think any judge in England will agree that a letter drawn up after a cosy coffee-and-garibaldi meeting of the financials, does not constitute a "legal oligation", whether or not endorsed by the OFT. Unless the minister for Trade has issued a Statutory Notice to that effect, then an agreement between you all for "industry practice" counts for, basically, zip.

 

I shall await the response, but am preparing a court case to get a decision on this. I'm not bothering with the ICO as it would appear that they are in someone's back pocket.:o

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Surly,

I've been thinking about this for the last few days and I can't quite get to the bottom of this issue in my head....

 

If we opt out of automatic processing of our data, then I understand that the data is still there, it just has to be processed manually and there isn't a really the facility within the CRAs to allow this. However, if I apply for credit, there is nearly always a section where, if i wish to continue with the application, I have to tick the box that gives permission for the data to be shared does it not? Does this overule any previous notice I may have given?

 

Also, the bit about 'decision making based soley on the automatic processing of data' wouldn't they just argue that they are not making decisions 'soley' on this basis (but it forms a flamin' great chunk of it!)

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Also, the bit about 'decision making based soley on the automatic processing of data' wouldn't they just argue that they are not making decisions 'soley' on this basis (but it forms a flamin' great chunk of it!)

 

I've had this going round in my head for a day or two as well.

 

I'm sure it wouldn't be beyond a legal eagles capability to draft a statement explaining how they (CRA) do not process data "solely" by automated means?? 99.999r% maybe, but not "solely".

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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dayglo, my daughter says have you tried reducing the image so that all three pages are in view and then doing your 'bits and pieces'? Or, doing what you did before with page two in view and then page three in view? I'm just the messenger, can you tell?!!

 

BTW I've read it and it's good stuff for us:)

 

Elsinore

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'evein elsinore (or good morning to be accurate!)

yes, I'm afraid I have tried your daughter's suggestion. Without getting all IT and technical, it appears to be a scanned document where page 1 is just the right side of 'OCR readable' and pages 2 & 3 are not. hey - maybe she can have a go?

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I know i merely confirm my 'geek status' with this post but hey....

 

OCR = Optical Character Recognition. It means a computers ability to 'read' scanned text as real text that you can manipulate and format etc.

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V Quick bit of advice.

 

This thread talks about the bank/ phone company / cancelling the contract .

 

is it the same principle if I cancel my contract with the bank and dispense with their services. Can I insist that they stop processing information.

 

Ive been reading the thread for a couple of hours and its the only point im a little unsure of.

7 actions in progress

 

amount refunded so far £6500

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It works both ways.

Its your data they are processing,so if you gave instructions for them to cease then they would have to comply.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MArtin, I had a mortgage with Abbey for getting on 17yrs and at the time I took it out there was no requirement for signing up to supply my info to a CRA. They wrote to me about a year ago asking if I would now provide them the authority to share the info with the CRA's and of course I said " of course darlings tell the whole world" ( No I Refused!!). In June this year I changed my mortgage rate with them to a better deal and becaue I changed the mortgage rate effectively taking up a new deal they have for the first time in 20 yrs started sending my details to the CRA's. I couldn't believe it when I read my credit report. I complained and got the usual rhetoric about "well you signed up to say we can now share your data" so it stays.

I didn't have a choice, sign up for the new interest rate and share or don't sign up and pay the higher rates. Or their argument is I 'did' have a choice.

 

Am I at liberty now to write to Abbey Quoting the DPA and get them to stop processing this information?

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Okay Tinkerbelle ... copied to my own thread http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/23308-hutchinson-3g-help-help.html

 

HUTCHINSON cont.. from Post 62 above...

 

I sent to Hutchinson a Statutory Notice to S 10 & 12 regarding this default registered on a ceased and paid contract. I e mailed the Data Controller and asked them if Hutchinson were controlled by the Consumer Credit Act ( I could therefore submit a CCA request for £1 and wait 12 days) or were they not and I could submit a Data Protection Act request..

Can anyone then tell me how we stand on " copies of the original agreement" issue and where we might stand on this default issue as my son has now got his first time buyer mortgage approved by HSBC having shown them the Stat Notice but having been refused by Nationwide because of this sole default by Hutchinson. He could not get the beneficial rate of interest from Nationwide and it will cost him a further £1150 over 3 years in higher interest charges as a direct result of the default notice.

 

anyway this is what Hutchinson Data Controller said and I need to reply:

 

" With regards your query concerning a copy of your contract. I am not aware of where you bought your phone from, but 3's retailers (3store and 3rd party channel retailers) use an electronic registration process in order to register customers, which creates a "virtual" paperless contract. As such, the contract is made online (in the store or over the phone) by the customer giving all of their details to the store assistance or operator (if concluded on the telephone), selecting their handset/tariff etc and this is all input onto the electronic system. One of the final screens within the in-store registration process asks the customer to click "I accept" to state that all the details they have given are correct and also that they agree to abide by 3's terms and conditions. If a contract is concluded over the phone then the operator will talk through this process and explain the terms to the customer, and ask for the customer's consent, before concluding the sale. At that point the contract between 3 and the customer for the provision of 3's services is made. This is all done online in paperless format and the customer does not physically sign anything as, by clicking "I accept" or confirming acceptance over the phone, they have agreed to enter into a contract with 3. Nothing is printed off in store and therefore there is no "printed" copy of a contract for a customer to gain a copy of.

 

A copy of 3's terms and conditions, which form the basis of the agreement between 3 and its customers, is provided in the customer's handset box, or alternatively copies can be obtained on request or online at http://www.three.co.uk.

 

Our agreements with our pay monthly customers (being running account debtor-creditor-supplier agreements) are not regulated consumer or credit hire agreements under the Consumer Credit Act/Consumer Credit (Exempt Agreements) Order 1989 (Article 3).

 

I note your statement concerning a default being recorded on your credit file. If could provide me with details of your complaint I will raise the matter with our credit risk management team in Glasgow.

 

Yours sincerely,

 

 

Patrick Walshe

Data Protection & Privacy Officer

Hutchison 3G UK Limited

Legal Department

Star House

20 Grenfell Road

Maidenhead

Berks SL6 1EH

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I have a little dilema. I've got a number of things I am chasing at the moment with various companies. But havent been sending registered mail. Does anyone think this is going to be a problem? Could I use my time stamps on my files on my pc if needed.

 

Im just scared im going to raise all my moneyclaim orders then they are going to turn me away and say sorry but we have no proof of any mail.

 

:S

Barclays - Success. Total £3000.

Barclaycard - Success. £2500

Barclays Brother - Success £500ish

Vodafone - Default removal + claim for distress. Settled default removed = £1000 in compensation + £120 court costs paid. :D

-------------------------------------------------

Barclays using fowl play - Here

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It's always a good idea to send anything important by registered mail. Costs £1 per letter though and I just posted nine today :-(

 

But at least they can't turn round and say they never received it. Might save you the cost of posting an extra letter, phone calls, extra time wasted etc. You simply cannot prove that you posted something without proof of posting certificate or a delivery signature.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I can concur with regards to the banks not yet understanding the Data Protection Act properly.

 

I put Abbey on notice under section 10 (or rather my ex partner did), they ignored it - they HAVE to reply within 21 days or they have commited an offence.

 

I (she) started a moneyclaim for recovery of her overdraft fees - they were threatening default if it were not paid off within 28 days - and included a bit about their breach of the Data Protection Act.

 

Within 30 mins of doing this (of their notification) I (she) received an email from their in-house solicitor, basically writing off the WHOLE debt (not just the part of the debt made up of charges), correcting all credit reference information, and basically saying "please Sir, is there anything else I can do for you. Wash your car perhaps..." rather than go to court.

 

I am very interested in starting a campaign about the banks abusive and monopolistic position with regards to credit reference information.

 

We (BF and I) have talked at length about this and we have some things in the pipeline that I believe you would be interested in, SurlyBonds.

 

I won't say too much at the minute, as things are still in progress, but it's certainly an issue that we've been looking at.

 

I am interested to know though, if you were to effectively take yourself out of the automated searches, theoretically you could be penalised by the searching company, as they would assume that you have something to hide - or am I barking up the wrong tree?

 

hi dave, thanks for this site BTW.

 

could you put up your letter(s) as a template for the readers?, as im sure many people would like to invite their (ex)bank managers round and have our cars washed 8), would we pay them the standard £5 car washing fee though.

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i am one step ahead of you here!

i sent all 3 cra the letters and the deadline for all three was today and i had heard nothing!

so sent another reminder letter giving them a further 7 days or further action will be taken!

once i hear will keep you all up to date as i am going to apply for some form of credit and see what happens!

:)

 

Bongobaz, any news to report?

 

Have you had replies from the CRA's? And if so what?

 

The deadline I gave to the CRA's expires tomorrow and I have yet to hear anything.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Hi Worcester4x4 and Bongobaz,

 

My deadline for the cra's was yesterday and i had a letter today from Experian basically saying they cannot do what i have requested. It is a 4 page letter!!

It basically says they do not make automated decisions and so they do not have to comply with my request. Also i asked them to remove my defaults and they said no because they are "allowed to keep info on file for 6 years after it has been settled".

They also said the Human Rights Act does not apply to them as they are a private company not a public one.

 

I will read through it a couple more times to get my head around what they are saying.

Anyone got a comeback i can use??

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