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    • Do you mean your particulars of claim? – In that case, I'm sorry but I missed it. Please could you indicate which paragraph is at?
    • dx100uk Yes that's the wording.  I'm not clear who the applicant is in this situation!    LR say that the applicant is the buyer or their conveyancer. So in that case as others have said on here - the buyer/conveyancer need only write to the council after the sale.   OR Does 'applicant' in this case refer to the council who made the application for the restriction?    If the former this is dependent on my solicitor and the buyer's solicitor being aware of this type of restriction and particularly the purchaser is unfazed by a 'restriction' on the property. LR confirmed earlier that as my father was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction.  If the latter then the council won't do that until I've paid the bill [whatever that is now]
    • Thanks    I have also stated the same right to reject in my WS Hearing is on 23rd October 
    • But they still can send a claim form to your old Address. You won’t even know about it either, therefore won’t be able to defend The next thing you know is when you are turned down for credit and find a fresh, shiny CCJ on your file.   The answer is to let them know your current address via post. That way , if they are stupid enough to try any action, they won’t have a snowballs chance in hell of winning. You have the ultimate defence! It’s statute barred.
    • Also, I should point out that you will win anyway – but you are making it much more complicated than it needs to be. If you simply raise the question of your statutory rights and his breach of obligation then the judge will give you a judgement in your favour within five minutes. Because you have raised pretty well every other issue bar that, the judge will have to consider the entire aspect of the defects and whether they do amount to a substantial breach of contract and whether they could have been repairable et cetera et cetera et cetera. Although you will eventually win, it means that the judge may have a complicated issue to decide and of course it will simply prolong the agony. Simply raising the fact that the dealer refused to comply with your assertion of your right to reject will bring the entire case shuddering to a halt in your favour and the judge doesn't need to listen to any other arguments. He simply needs to see your letter of rejection.
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crk81

Experian - automatic means...

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Sent the following off to all 3 CRA's on 7th July 2009:

 

Dear Sirs,

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

 

As you are no doubt aware, Schedule II, Section 12 (1) of the said Act allows all data subjects the right to insist on the removal of any and all data from automated processes in respect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand:

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites "credit worthiness" as one of those examples.

 

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

 

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

 

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

 

To that end, I look forward to receiving your confirmation by close of business on 18th July 2009.

 

Yours,

 

 

 

 

see links for the reply i had back...

 

 

http://i44.photobucket.com/albums/f31/crk81/experianauto1.jpg

 

 

http://i44.photobucket.com/albums/f31/crk81/experianauto1-page2.jpg

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