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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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?  No
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi Dayglo,

sorry I've not been online to post during your AQ compilation.

 

Just wanted to say - WELL DONE!

 

So glad you've decided to go get them. I think you are more than capable of arguing your case in court and you know I'll be there as well if you want.

 

Yes they may still win but the whole section 2 argument is a very persuasive one! I think you have a much better case with that on board.

 

A success here will make a huge differrence to so many who are struggling to get settled defaults removed from their file and I wish you all the best.

 

ps. the flowers may still be a good idea though!

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letter sent to their legal team today.

Vodafone Limited

Baird House

The Connection

Newbury

Berkshire

RG14 2FN

07 November 2006

Your Ref: xxxxxx

Claim Number: 6LG01854 in the Leigh County Court

Dear Sir,

Please find enclosed a copy of the Allocation Questionnaire and associated documentation that I submitted at court yesterday.

I would like to draw your attention primarily to the issue of rejection of the statutory notice I issued under section 10 of the Data Protection Act 1989. Data Protection Act 1998 Section 10

(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

that damage or distress is or would be unwarranted.

(2) Subsection (1) does not apply-

in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

in such other cases as may be prescribed by the Secretary of State by order.

From this it is clear that, unless you have direction from the Secretary of State, the Act itself states that exemptions from notices under section 10 may only be derived from paragraphs 1-4 of schedule 2. In your defence and accompanied letter from the Information Commissioner’s Office you appear to claim exemption from my S10 notice under paragraph 6, which is not permitted.

I would happily discuss this case with you further to see if there is any way we can reach a mutual acceptable settlement either between ourselves or through arbitration. Feel free to telephone me on the number above if convenient.

Yours faithfully,

Mr. Dayglo

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I've not finished with you lot yet! There's bound to be more questions and statements to be answered/produced yet! Thanks again

 

No worries.

 

Just give me a kick when needed! :)

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Guest willowb

Gosh!!!! I 've not been about for a bit and look what happens!!! Good on you honey;) I may not be able to help you with advice (you are way more advanced than I) but I'm here for moral support:D

 

Wxx

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If anybody is interested I received a letter from CRA saying that as a private companythe Humans Rights act Doesnt apply to them!!!

 

Wonder how that is going to effect us!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Whilst s. 6. of the HRA 1998 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right. The courts are obliged to interpret the DPA 1998 in a way which is compatible with Convention rights under s.3(1) of the HRA.

 

3. - (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.

 

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Sorry Zoots either Ive been at this too long today or Im being thick, but I thinkIve missed your point there

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Tinks this is what I thought so you can imagin my surpise when they said it wasnt !!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Sorry, I didn't really explain myself properly earlier.

 

Whilst a CRA can not be held to be acting unlawfully under the HRA because they are not a public authority. If you take them to court on the grounds that they are in breach of the Data Protection Act, the court must interprret the Data Protection Act in a way which is compatible with Convention rights. So if the CRAs are relying on Schedule 2 (6) - the processing of data for a legitimate interest except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject. In determining whether the interest of the CRA is legitimate the court would have to have regard to Art 8 of the ECHR and apply Sch 2 in a way which is compatible with your right to privacy. Also if you are relying on any of the Excessive processing of data under sch 1 this should also be applied in accordance with your right to privacy.

 

Hope this helps

 

Zoot

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Actually I've just checked Art 8 and it seems that too also refers to public authorities and therefore it seems that we wouldn't be able to rely upon it.

Art 8: 1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

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Surely though just because you are a private company you are not outside the law?

 

I feel like Im missing something here, sorry!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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good afternoon everyone.

 

in answer to tinks' first question - the answer is "no news"

 

I'm a bit puzzled thought as there appears to be quite a few folk getting their defaults removed from vodafone reasonably easily. Wonder why I haven't?

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