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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Nicole Kidman in Batman Forever!!!!:rolleyes:

 

 

Wxxx

 

 

Willow's on target, see here :

 

http://www.batmannews.de/gotham_city_central/flugelheim_museum/pics/batmanforever/poster/pics_big/Chase_meridian_onesheet.jpg

 

 

 

:D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi All,

 

I have just been reading through this thread and its an interesting one. As far as I am aware, the permission to share your personal data, which is identifiable, exists as long as the terms of the contract are alive, this enables the Data Controller, who is the legal owner of the data, to share it with pre-defined partners and organisation where fair and reasonable to do so and is legally know as acting Vires, or within his power. On the other hand once the contract ceases this power to share is removed and any attempt to retain should be challenged as the Data Controller will be acting Ultra Vires, or beyond his power. There are some interesting considerations here, I will have a good look at this one, I think the answer will be burried somewhere deep in European Law as Brussels seems to be the best source of decisions in this area. Once I have investigated it, and written a brief outline of my findings I will post them.

 

Have fun

 

Legal Bob

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and to think, i'd got through life so far being unaware of batmannews.de !

 

Whoops!

 

That pic obviously wont link directly, sorry folks (shame, NICE pic!)

 

NcF wishes to point out he is NOT a comic book geek, though could easily be identified as a bank charges geek

 

:p

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi Dayglo

 

Just spent the last 2 days reading your thread, wow is this the longest recorded thread in history? LOL

 

Anyway.....can i pick your brains on one thing pls?

 

I defaulted on my Vodafone account in Sept 2006, they were very quick indeed to send it over to a DRA and demand letters followed!

Now can i request a copy of the CCA and if they fail to provide will it wipe off the debt?

I originally had the contract with Singlepoint who sold over to vodafone, i have since had upgrades though.

 

Sorry to bug you but i couldn't actually work out if it is regulated under credit act or not?

 

Cheers

 

Matt

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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Well interesting enough is that the letter from the DRA- Wesccot, is threatening doorstep collection and at the bottom it says "All of Wesccot's door step collection agents hold a consumer credit license and are members of the credit services association"

So to enforce this don't they need a signed cca?

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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Guest ian cognito

Don't know for certain but I would have thought it was the other way round, to collect debts that are covered by the CCA they need to be licenced, may be better starting your own thread in the default forum

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Ok started my new thread on this, hopefully i'll get the answer.

 

vodafone cca

 

if anyone knows the answer please post on that thread,

 

cheers

 

matt

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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Hi All,

 

I have just been reading through this thread and its an interesting one. As far as I am aware, the permission to share your personal data, which is identifiable, exists as long as the terms of the contract are alive, this enables the Data Controller, who is the legal owner of the data, to share it with pre-defined partners and organisation where fair and reasonable to do so and is legally know as acting Vires, or within his power. On the other hand once the contract ceases this power to share is removed and any attempt to retain should be challenged as the Data Controller will be acting Ultra Vires, or beyond his power. There are some interesting considerations here, I will have a good look at this one, I think the answer will be burried somewhere deep in European Law as Brussels seems to be the best source of decisions in this area. Once I have investigated it, and written a brief outline of my findings I will post them.

 

Have fun

 

Legal Bob

 

This has been my contention since last summer - once a contract expires, the terms likewise expire. Hence the template that I put together setting out this very argument.

 

I've used the argument 20 times with various lenders and banks, and we've taken half of those to Court and won hands down.

 

We have also dug up two UK legal precedents relating to expiry of terms in contracts and then one party acting ultra vires to the detriment of the other party, which was used in the last 3 of those cases.

 

Unfortunately, I have yet to take one through a higher court to get a precedent set on this specific issue, as the County Courts have agreed on all cases. Maybe I might risk the fee to take one through a higher court just to make the point.

 

Let me know if you find any European precedents - but I think there's enough in UK law already to prove this argument already.

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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  • 1 month later...

Good luck mate..

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Guest willowb
well, its come to this then. The court hearing is on Monday. I'll let you know what happens.

Thanks.

:o really? goodness....are you prepared? silly question, sorry! My OHs off shore DG otherwise I'd have loved to have met up with you......I will be there in spirit:| is aardy going? .....what time is the hearing?

 

Wxxx

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cheers.

I'm as prepared as far as its possible to be. I have three copies of professionally printed and bound, indexed and cross-referenced files. Mr Aardark is coming over tonight for some final preparation and 'what-if' considerations.

Obviously don't want to say too much here, keep powder dry etc... but providing the hearing is fair and I get the chance to put my case across calmly - I can do no more than my best. I could not have prepared any more than I have done, so lets wait and see.

The hearing is at 2pm and scheduled for 2 hours.

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Just wanted to say good luck mate and will pop in to your thread monday evening to see how you got on.

Halifax: LBA sent 27/11/2006 £640 owed. N1 filed on 13/12/2006 they have untill 12/01/2007 to acknowledge. Settled 12/01/2007 £929.46

 

Barclaycard: Prelim sent 13/12/2006 £250 owed from May 2004. Remaining statements being sent 04/01/2007.

£120 part payment recieved 09/01/2007.

LBA sent 10/01/2007.

N1 filed 29/01/2007.

AQ filed 19/03/2007.

Letter for offer in full 8/05/2007.

Settled 05/06/2007 £433

 

Halifax C/C: S.A.R - (Subject Access Request) sent 17/11/2006.

Prelim sent 29/01/2007 £407 owed.

N1 filed 19/03/2007.

Judgment entered against Halifax 3/05/2007. Settled 25/05/2007 £500

 

Hubby:

HSBC: Prelim sent 27/11/2006,

LBA sent 12/12/2006 £3231 owed.

N1 filed.

Defence filed 14/2/2007.

AQ filed 5/3/2007. Settled 16/03/2007 £4238.15

Black Horse: Prelim sent 13/12/2006 £256 owed. LBA sent 10/01/2007. Settled 24/01/2007 £146.75

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Dayglo, is your hearing anywhere in Hants/Surrey?

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Ok, just would have loved to have come along if it was closer. Good luck anyway!!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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no - my hearing is in Leigh in Greater Manchester.

 

Alrite mate?

 

what time?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Guest ian cognito

we'll all be there in spirit, if your bottles going the offer's still open to come and hold your hand, I still can't believe they are going to all this trouble and for what??

 

Would wish you all the luck in the world, leaves on the line, fog round the airport and roadworks on the M6, but I don't think they have an argument!

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thanks ian. The only bottles that are going are the ones wich contain intoxicating liquor, and they're going pretty fast :D

 

it is going to boil down to the following issues as far as I can tell :-

 

1) have Vodafone given adequate 'justified' reasons for not complying with my S.10(1) Notice within the 21 days they were given? I say, not - they say yes.

 

2) Do the court agree with me that 6 years in an un-reasonable length of time to process data after the ending of a contract or do they agree with Vodafone and the ICO who say that 6 years is standard practice and a reasonable length of time

 

3) In terms of Schedule 2, para 6 - whose legitimate interest is greater? my legitimate interests or Vodafone's?

 

4) will there be any procedural confusion regarding everyones role in this - some courts appear to think that the CRAs are processing the data as opposed to the credit supplier

 

5) will I be wearing my lucky pants?

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