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    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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defaulted car loan with The Funding Corps


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Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are. http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

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Little bit of an update...

 

Received a nice letter from TFC today stating they received my SAR last week!! (Interesting as i sent it via recorded delivery around the 7th June!)

 

They are still stalling with the request, asking for identity and stating that...

 

"We have received unsigned letters so we are unable to attempt to identify you by checking your signature, we need drving licence (For name purposes) and or Utility, bank statement showing my name and address"

 

The letter also states that the information (SAR) will be sent within 40 days from receipt of the information they have requested. (Name and signature).

 

So i do believe that the 40 days are now up and using this as a stalling tactic, for reasons not known to me.

 

I have sent them a letter last week stating that they are in no doubt as to who i am considering the letters i have been receiving from them.

 

Are they "allowed" to stall even more considering the P/O was cashed and now that the 40 days are up...?

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I raised the question of the signature on this thread regarding HSBC:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268216-data-controller-hsbc.html

 

Here is a quote form someone:

I complained to the ICO, then got the info (a big box full of about 20,000 bits of toilet roll) within 5 days even though they never had my signature> The ICO upheld my complaint as well.

 

He made a complaint to the ICO about HSBC requesting additional information and a signature, which he didn't send and the ICO upheld his complaint.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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  • 2 weeks later...

And the latest in the saga is...

 

The Data Controller has refused to send out all the information i requested back in June and has stated in a recent letter...

 

We have received your £10 and the information will be sent to the address we have on file. We will not enter further correspondence relating to this matter unless we receive the information we have requested.

(This being a signature to make my identity known and driving licence, passport or utility bill)

 

I sent them a letter with dates of all the letters they have sent me recently, e.g. Final Notice letter, Default £30 letter and one from their collections squad amongst many others, stating that they know full well who i am as they should not be sending out letters like this to an "unknown" address or client.

I know it is being a little stubborn, but they know who i am but seem to be not forthcoming in my request which has gone over the 40 day mark :(

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I raised the question of the signature on this thread regarding HSBC:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268216-data-controller-hsbc.html

 

Here is a quote form someone:

 

 

He made a complaint to the ICO about HSBC requesting additional information and a signature, which he didn't send and the ICO upheld his complaint.

 

i can only say contact the ICO you can phone them direct also the cag have a protected signature at the side of the thread look at that and send a protected signature that will stump hsbs

patrickq1

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