Dayglo's mission to get his life back!

[ncf355]

Nicole Kidman in Batman Forever!!!!

 

 

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

 

 

 

[dayglo]

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

[Legal Bob]

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

[ncf355]

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

 

[Guest willowb]

Hello Legal Bob:) ......lol love the name!

 

Wxxx

[matt-man]

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

[Guest ian cognito]

I'll think you'll find Vodafone agreements aren't covered by the CCA, conveniently.

[matt-man]

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?

[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

[matt-man]

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

[SurlyBonds]

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.

[dayglo]

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

Thanks.

[un1boy]

Good luck mate..

[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

[dayglo]

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.

[sezj127]

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

[whizzkid001]

Dayglo, is your hearing anywhere in Hants/Surrey?

[dayglo]

no - my hearing is in Leigh in Greater Manchester.

[whizzkid001]

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

[un1boy]

no - my hearing is in Leigh in Greater Manchester.

 

Alrite mate?

 

what time?

[dayglo]

cheers.

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

 

un1boy - i hope the questions are this easy on monday!

[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!

[dayglo]

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

 

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?

[Guest willowb]

Will you? and what colour are they? lol

 

Wxxx

[pford]

good luck