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    • Letter going off today.      On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction plan the bank may demand full payment of the outstanding balance.   On the 21st August 2008 I was served with a statutory termination notice pursuant Section 76(1) and 98(1) Consumer Credit Act 1974 stating that on 05th September 2008 the bank was to terminate the agreement.   It is accepted that if a person fails to settle their account after receiving a termination notice the bank is entitled to register a default on the their credit file.   However, instead of registering a default the bank registered the account as a status 6, which shows that payments are 6 months in arrears. The ICO’s Technical Guidance on filing defaults with credit reference agencies states that. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.   The filing of a status 6 instead of a default meant that damage to my credit status was not just restricted to 6 years, the damage continued and consequently both myself and partner have had applications for credit rejected.   The bank has admitted that had it followed due process and registered a default the same would have fallen of my credit file in 2014. I therefore allege that the bank negligently filed incorrect data with the credit reference agencies, the consequence of which has resulted in damage to my credit status/worthiness and reputation. The damage has extended to my partners credit status by association.   The processing of my data is neither fair nor is it accurate. The bank has breached the First and Fourth Principle of the Data Protection 1998, the First and fourth Principle GDPR (2018 DPA). The bank has been negligent, failed in its duty of care, failed to to abide by the FCAs principle 6, “treating customers fairly”, and has disregarded the ICO’s technical guidance on filing defaults with credit reference agencies.   In order to satisfy my grievance and pursuant Article 17, 82 GDPR respectively, I require the immediate erasure of the incorrect data on my credit file and compensation for the damage the same has caused as outlined above.   Yours Sincerely          
    • Thank you for giving us this update. Many people don't bother. I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was? And thanks very much indeed for the donation. We need everything we can get.
    • Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. 
    • The new year has brought the same old problems for savers as they continue to struggle to find accounts which keep up with the rising cost of living. View the full article
    • Thank you. I've looked at the general page for treadmills and they specifically referred to using your treadmill in a garage and the only warning they give is about headroom. The fact that the temperature/humidity of the garage is not referred to indicates that it is not a problem. You have found a specific reference to the garage problem in the page dealing with that particular model of treadmill. As you have already indicated, there is no way of knowing whether that references a recent addition. Looking at the manual for that model treadmill, they do refer to the problem of using unheated garages and in fact the wording they use is exactly the wording which is used on the sweatband website – so you can take it that it has been copied from the manual. Of course that doesn't tell us when the words were added. I have looked at Internet archives and although I see that copies of the sweatband.com website have been taken from time to time, there seems to be no archive copies of that specific website page dealing with that model treadmill. So we don't get any help there. The question is, of course, whether these garage humidity warnings are incorporated into the contract which you made. Clearly the warning in the manual is not part of the contract because you would have only received the manual after you bought the treadmill. I suppose that sweatband.com will try to say that the product description which refers to that model trainer was very clear about the garage humidity problem and therefore it formed part of the contract so that you were fully informed before you decided to make the purchase and therefore you are bound by those conditions.   Your counterargument would be that the information which is given on the general treadmill page refer specifically to keeping it in a garage and doesn't warn anybody of any issues at all. In fact the absence of any reference to a humidity problem can be taken to give a green light to the using of a treadmill in a garage. Furthermore, in the specific product information, the reference to the garage humidity problem is only expressed in the Q&A and so it might be reasonable to say that this clearly was not intended to be a formal warning of the specific limitation. Not only that, the reference to the garage humidity problem in the Q&A was really expressed as a recommendation and only warned that there might be a problem – not that there definitely would be a problem. Also, there was no warning that using the treadmill in a garage was at your own risk and could void any guarantee or statutory rights that you might have. It seems to me that the information contained in the Q&A was casual enough not to be treated as binding. It seems to me that the information given in the generic treadmill page was intended to be reassuring that a treadmill could be used in the garage – the only concerns being as to whether or not there was enough headroom. Can you tell me how the treadmill was delivered and how it was installed? Who installed it? I'm referring to the first one and also to the second one.  
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    • Hi @BankFodder
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      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.
       
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      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.
       
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Son Neglected In Hospital


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Hi Glitterlady,

 

ANY INJURY sustained in hospital MUST be documented, IT'S THE LAW. The staff, medical or nursing, have a duty of care to the patient.

 

I'm glad you have evidence. I hope they send copies of theirs.

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

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can i write to NHS Litigation Authority and will they look into it or will they also hide what the hospital did, who are they for the patient or the hospital thanks

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Hi Glitterlady,

 

I think you will have to discuss that with your Solicitor unless someone here can throw some light on it and offer advice.

 

Nobody should hide what has happened.........you have photographic evidence that needs an explanation.

 

I really wish you and your son the very best of luck with this.

I will keep answering your questions if I can.

 

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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No probs Glitterlady, just doing what I can, where I can, thats what CAG is all about.

Stay strong and fight the fight to the end.

 

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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i will do we have a new solicitor so hopefully she will look into this for us thanks to this forum i have had alot of help and will let you know how i get on but thankyou all for all your help and thankyou nightowl especiallyxxxxxxxxxxxxxx

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Hi last night i wrote a 18 page letter to my solicitor telling the story about my sons stay in hospital, i did day to day, and i hape i have shown to her just what went wrong and how they admitted neglect then to retract it, i also have a piece of paper from the local hospital where they admit that the pressure sore got there because he was left in prone for to long, by the time the solicitor reads it all she will have some idea what happened, but what i noticed more while wring the letter was the difference in care between the 2 hospitals how the local ignored him and london worked so hard to save him they were so dedicated and wonderful people why cant our NHS round the country be the same and if they do something wrong because of short of staff then admit it maybe by admitting the short staffed is causing some dangerous situations, than to lie and make out that the family have made it all up,there are some wonderful doctors out there but when something goes wrong with a family member you get to not trust any hospital, so i hope my solciitor can now see just what they did to my son will let you no im off on holiday to turkey just for a weeks rest i need it desperatly but hopefully will have some better news on my return see you all then take carexx

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Hi Glitterlady,

 

well done on your epic letter to the Solicitor........he will be pleased!

I hope you found it good to write it all down.

 

Sadly patients and carers will find differing care in different Hospitals. I find this so sad because we are all doing the same job so the level of care should be the same.

 

Staff shortages are a big problem and I have had my fair share of making things change over short staffing on my ward. Lots of stamping and shouting but it worked.

http://www.consumeractiongroup.co.uk/forum/nhs/237316-unsafe-working-conditions.html

 

Enjoy your well earned holiday in Turkey............we had a family holiday in Turkey a few years ago and loved it.

 

Good luck and keep this thread, and all of us, informed on your progress.

Just keep asking if there is anything else we can all here on CAG help you with.

 

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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  • 2 weeks later...

Hi again back from holidays, well the new solicitor cant take the case as well now because notes are missing they said they cant prove neglect without the nursing notes, but i wont give up, i have also through facebook found all the nuses their full names who were in the room with us when they admitted neglect then again when they said the notes were missing i wonder if we got it to court would they lie? anyway we have another solicitor so i will let you know how we get on take care all

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Hi Glitterlady,

 

welcome back to soggy blighty!!!

Hope you had a good holiday.

 

If an internal incident form was completed then there will be a paper trail of how that incident was delt with. Nursing notes would have to be scrutinised as well as any others in the multidisciplinary team involved. Were they taken from the medical notes and copied for any incident paperwork?.......who knows.

 

I am at a loss to give any further info. because it would now be down to the solicitor to retrieve that info.

 

Best of luck and keep us all informed.

 

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Thank you night owl, for all your help that you did give, because some of the things you told me made me look at it again, so we are going to carry on untill we have been down every avenue, i know they did wrong they admitted it he got these scars in ITU which i have photos of one day the date and time he had nothing on his head the next day he did, how we dont know because they had given him sedation and another drug to paralise him while he was in prone position, when they went to turn him they said something went seriously wrong, i need to find out what went wrong, thankyou again nightowlxxx will let you know if we succeedxxx

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Fight on Glitterlady.

 

If you think of anything else just ask. x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Need some legal eagals to help out here Glitterlady.

Just looked on their website.

 

Good Luck

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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glitterlady this is the site for IRWIN MITCHELLS SOLICITORS, it appears from he symbol at the bottom of their page that they do deal with clinical negligent

 

Hope it helps....

 

Employment

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Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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thanks night owl we are using them at present, but today they have said that we have to proove neglect even though we have sent photos of my son in ITU, which the hospital say they have no notes for him being in ITU it seems with out his notes there is no case its all about the NHS and hiding evidence no matter what we show as proof solicitors are still saying we have to prove it, it has to show they failed to care for my son, today in the daily mail there is a piece on hospitals about pressure sores and how nurses are ignoring this, what do WE have to do to proove neglect he has scars on his face mouth and eye he was in ITU sedated paralised, how did he get these injuries no one will answer us its a cover up

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Aren't the photos you have proof enough?

The hospital should be held accountable to explain how he sustained them whilst in their care.

It's crazy that they have NO NOTES for when your son was in ITU.

 

Lets hope your solicitor can get something moving for you.

 

Good Luck

Night Owl x

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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well night owl we wont hold our breathes roflmao, and yes night owl wouldnt you think the appauling photos of my sons head and the condition of his lungs would be enough but its their lies and hiding his notes i would have thought they had something to hide wouldnt you? if they had given him antibiotics the first day then all this wouldnt have happened but they failed in all his care and we have to prove this,

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Hi Glitterlady,

 

I currently have an ongoing Medical Negligence case and have used the following no win no fee solicitors. i have found them very good especially when other firms wouldn't take on my case, I'm now at the stage of agreeing a settlement with the NHS trust.

 

i have attached a link if you want to have a look at them,

 

No Win No Fee, Watermans are Scotland's Leading Personal Injury Firm

 

Best of luck

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thankyou Gallache i appreciate your help and good luck, i hope you case highlights what ever happened to you and stops it happening to others but i doubt it because no one gets in trouble for it if you kill someone you go to prison for it but the NHS cover up so much we dont get a chace to bring it to court because evidence goes missing like my sons, i wish you well and thankyou again

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