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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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HFO have sent me 72 Hrs notice of litigation


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Also logged a call on the home phone from 02034500541 at round about the same time of day, not seen that one before either.

 

Anaesthetic was for a stomach probe, so I couldn't talk very well either - Normally I would have uttered a couple of choice words and hung up but wasn't quite with it. I'm sure I told them that their continued harassment had made me ill and I was receiving hospital treatment for stress. No doubt I'll get a nasty letter accusing me of being ignorant and hanging up. I don't mind as that is just what I should have done.

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  • 2 weeks later...

Equifax still don't seem to get it - two letters sent to complain about HFO's mis-use of the personal data they obtain from the Equifax system. Now I get a letter asking me to obtain my own personal report and to let them know which entry I am disputing...

 

They say they can only act on a valid copy they have supplied directly to me - "...The reports supplied to our clients are for in house use only and not accessible or verifiable here..." Which is the very point I was making, they are for in-house use only, not to be sent out of the HFO office.

 

Third letter sent, I feel I would be better explaining in single syllable words and using pictures copied from a nursery school book. Specific sections of the DPA quoted, pointing out that it is a criminal offence being committed and that Equifax are a party to this breach, so they had better do something about it.

 

There's also the point about the Indian call centre staff accessing this information , which is not allowed either.

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Yes - Equifax did that to me, said I would have to order a copy of my own report before I could make a complaint. You have to keep at them and ensure they are dealing with this as a complaint. Always use their postal address and copy in ICO. Send to the Chief Executive

 

They seem to be mising the point entirely about why we are complaining

 

On the other hand, a couple of posters have reported that Experian seem to be taking this a bit more seriously and are looking at it, where their reports have been used. So that is hopeful. Equifax are utter idiots IMO.

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ICO is a given, BBC watchdog, and your local MP is a definite! The more publicity these total imbeciles get the better, I have absolutely no interest in them improving their services, I just want to see them shut down, abused, laughed @ and ridiculed for the incompetent morons they all are!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I agree with Bazooka Boo, I think HFO are a farce, the Indian call centre should be closed down completely as they seem to misinform the 'employees' and cause even more misery. This blatant misues of personal data has been going on for a while now and nobody seems able to act, why not try the Ministry of Justice? They might be able to bring pressure on higher authorities...

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I presume the fact that most of these firms hire indian and other offshore call centres to do their "dirty work" makes them think they have a certain leeway when it comes to guidelines and legislation/compliance, I would like to think this is not the case and in fact it shouldnt be however the facts do not bear this out at present.

 

All we can and MUST do at present is to continue to complain for every single infringement and hope the powers that be finally grow a pair and enforce something for a change.

 

S.

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I presume the fact that most of these firms hire indian and other offshore call centres to do their "dirty work"...

That just means we cannot stop their phone calls as they originate outside the UK system and cannot be blocked. On the other hand, by looking at our personal data, they break the DPA because that information is now being handled outside the EU.

 

No matter how many complaints are sent to the ICO, OFT and so on, they cannot cope with the pressure and simply say they will collate the data but will not respond to individuals. That's where we are going wrong in this country, DCA's can get away with so much because there isn't any enforcement body with the power to stop them.

 

BBC's Watchdog have had loads of complaints about DCA's, but can't do a great deal other than the occasional exposé feature. Trading Standards officers get complaints about DCA's and their tactics, but they need to build a massive case before they can take the issue to court as the DCA will employ high flying legal eagles to try and wriggle out of things, whereas TS simply cannot afford that level of representation.

 

We have companies handling our personal data that allow any Tom Dick or Harry access, it's usually a Dick, and we don't seem to have any means of stopping that? Yes, it's all wrong, DCA's overstep the mark far too often, but until we get legislation in place that stops their underhand tactics we're stuffed.

 

I disagree with the whole DCA concept, that they can take millions of pounds from people by buying up dodgy accounts. I've used the analogy elsewhere about buying some out of date biscuits cheap from the shop, then going out on the street and forcing someone to pay full price for them. I could perhaps bully them into paying over the odds if I feel like it, adding costs to the value. I don't care that the person who pays up is then made very ill by the experience (or eating the biscuits) as I've made my profit and I can move on to the next victim. I don't know which law would apply, but I'm pretty sure I'd be arrested for that type of behaviour if I carried on.

 

Equifax have been told to do something about my complaint or I'll go to the press and media, what else can I do? I've reported the breach to the OFT and got the usual reply, the ICO don't seem to do much either, TS are aware but don't seem to want to go much further than logging the complaint.

 

Since losing the call from HFO when I dropped the phone through being a bit groggy I've not heard from them.

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H you are missing the whole concept of complaining, yes I know that the OFT and TS are snowed under and are unlikely to help out individuals, BUT, every complaint is a MUST and it WILL help out in the long term.

 

BBC watchdog, again won't put an end to peoples misery, BUT it WILL highlight the fact that there is an issue with such a puerile outfit, and will warn others, if nothing else it WILL give publicity to the wider world of exactly how corrupt & bent this industry really is.

 

Complaining should not be underestimated, it is the ONLY way in which we are able to vent our spleen legally & bring these companies to account, your local MP is also someone that is funded by the tax payer and should also be pressured into raising the issue in the house of commons!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It is worth contacting your MP as that is how Andrew McKinley got to ask some very important questions about HFO in the HOUSE but unfortunately he retired. we need some more MPs taking up the batten.

 

i am sure my MP is absolutely sick of me, but as he is no longer in power I am sure he needs something to do LOL

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Complaints to all the bodies mentioned have been made, I just don't hold my breath.

 

Perhaps my MP can do something - I'll drop them an email, they know me well from previous issues I've raised with them.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 2 weeks later...

Equifax reply - once again saying that I have to fill in a form to obtain a copy of my report before they can look into my complaint... "Unless you are in receipt of your Credit Report we are not in a position to investigate any of the information contained therein." I've told them 3 times already that the report is not the issue and I don't want a copy. They say if I'm not prepared to do that then I should take the matter up with HFO directly, or go to the ICO.

 

So, ICO will be getting two complaints now. One relating to the original issues with HFO looking at data they should not be accessing, and for sending a copy of the report to me, which is against the rules laid down. The second complaint will be with regard to Equifax as a fit body to be dealing with this type of information when they are too stupid to understand that I have made a very serious complaint about their company for allowing the breach by HFO. They have refused to take this complaint up or provide me with any complaint procedure information.

 

I'll be writing to the ICO and sending copies to my MP and trading standards. This sort of thing simply should not be allowed to continue.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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And don't forget to tip off the media!

 

Although it is PPI in the minds of producers etc, it won't take much for someone like BBC Watchdog to put this out on air and ask them questions. It really does prove that DCA's and CRA's are the same lot, each paying the other for info they do not need nor can process correctly.

 

Both barrels H, followed up by an ambush and a napalm strike!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...
Complaints to all the bodies mentioned have been made, I just don't hold my breath.

 

Perhaps my MP can do something - I'll drop them an email, they know me well from previous issues I've raised with them.

 

Any response from your complaints yet? Any other news?

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