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    • What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera?
    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Data blunders can breach human rights, rules ECHR


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Data blunders can breach human rights, rules ECHR

The European Court of Human Rights has ordered the Finnish government to pay out €34,000 because it failed to protect a citizen's personal data. One data protection expert said that the case creates a vital link between data security and human rights.

 

The Court made its ruling based on Article 8 of the European Convention on Human Rights, which guarantees every citizen the right to a private life. It said that it was uncontested that the confidentiality of medical records is a vital component of a private life.

 

The Court ruled that public bodies and governments will fall foul of that Convention if they fail to keep data private that should be kept private.

 

The woman in the case did not have to show a wilful publishing or release of data, it said. A failure to keep it secure was enough to breach the Convention.

 

A Finnish woman worked in an eye clinic where she also received treatment, having been diagnosed as having AIDS.

 

The woman began to suspect that news of her disease had spread to other employees and asked to be shown who had accessed her medical records and when. The health authorities only kept a note of the last five people to have accessed a record.

 

The woman, known in the case as I, sued the District Health Authority for failing to keep her medical records confidential.

 

She lost that case because the court found that there was no firm evidence that her record had been accessed unlawfully. She also lost her appeal, and was refused permission to take her case to Finland's Supreme Court.

 

The Court of Human Rights found that there were privacy laws in place in Finland when the incidents occurred that required medical data to be properly protected. Had these been strictly followed, it found, I's records would have had enough protection.

 

The Court recognised that the Finnish courts did not find in I's favour because she could not prove that her record had been misused, but said that "to place such a burden of proof on the applicant is to overlook the acknowledged deficiencies in the hospital’s record keeping at the material time."

 

"It is plain that had the hospital provided a greater control over access to health records … the applicant would have been placed in a less disadvantaged position before the domestic courts," the Court said. "For [this] Court, what is decisive is that the records system in place in the hospital was clearly not in accordance with the legal requirements."

 

The Court said that the existence of the right to sue if information is disclosed is not the same as protecting privacy in the first place. "What is required in this connection is practical and effective protection to exclude any possibility of unauthorised access occurring in the first place. Such protection was not given here," it ruled. "The Court cannot but conclude that at the relevant time the State failed in its positive obligation under Article 8 (1) of the Convention to ensure respect for the applicant’s private life."

 

Data protection law expert Dr Chris Pounder of law firm Pinsent Masons said that the case establishes a vital link between the protection of personal information and a person's entitlement to privacy under human rights law. The European Convention on Human Rights is made into UK law by the Human Rights Act.

 

"The judgment is important because it links security of personal data to the human rights framework," said Pounder. "Organisations have to be proactive in their security practices and procedures. It is not sufficient to say that 'we will do something' security-wise – it will be important to show that that something has been done."

 

The Court awarded I €13,771 in damages and €20,000 in costs.

 

 

 

 

could this also apply to CRA's publicising invalid defaults,if in fact they're permitted to publicise defaults in the first place? ;)

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Good point Lickthewallfatboy :)

And how about getting an address wrong (after 12 years with same bank) sending a SAR bundle TWICE to a neighbours address as my bank did? :eek:

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

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Ohhh it's all going down in the book of doom, ready for the biggy to the ICO/OFT and everyone else I can think of, including Santa :D

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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On the ECHR, I quite agree, in fact if we really looked into it I bet there's a whole bundle of other transgressions that would apply. Worthy of research, methinks.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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One area that springs to mind is irresponsible lending, particularly in relation to mental illness/disability or people on benefits. I'll look into that.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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You could use in letters etc, Ive used it in a couple of letters, once to Experian to remove information, this is what I included:

 

We further support this notice and exercise my/our rights given to you under Article 8 of the European Convention on Human Rights which is embedded in the UK Human Rights Act (the right to privacy to home life and personal correspondence). With regard to personal data which states “all individuals have the right to have incorrect data about them corrected”.

Spark

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From April 2010 the ico have been given powers to fine companies that breach the Data protection Act.

Anthrax alert at debt collectors caused by box of doughnuts

 

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There was an interview with one of the ico hierarchy a couple of days ago & on radio 4 this morning & they have been lobbying the government to introduce legislation which includes imprisonment;

ICO consults on privacy protection - Public Service

Linex Legal > Out-Law.com > Information Commissioner enjoys new powers to fine from April 2010

Anthrax alert at debt collectors caused by box of doughnuts

 

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Here is the business case for investing in proactive privacy protection;

Business case for investing in proactive privacy protection

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Laws should be tightened to give judges the option to jail people found guilty of serious abuses of personal data, the UK's Information Commissioner has said.

 

BBC NEWS | UK | Calls to tighten data abuse laws

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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How many times have people applied to the CRA's for their credit score and low and behold 2-3 weeks later start receiving letters from DCA's? I believe this issue is a serious case of passing personal data to other institutions so they can then harass the very people who came to them originally for information.

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...and how many of us start receiving offers from debt consolidation companies after going into dispute with banks?

The address of one that contacted me (by phone..and I'm ex directory, using my full name) was right across the road from the OC, in a business park :rolleyes:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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