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    • My credit file was clean before this-the only missing payments or problems are those with Virgin. I did address the question of the number of the mystery handset in the post above-it just gives out the message stated. I shall get in touch with Sunderland Crown Court about the first claim-the chap from Reading said if it was their area(South East) it would be able to be as you now have an address where it is proved they could be served, but he didn't know if it was the same in every area. Obviously, it is not just a change of address but also a change of area and so a change of court that will be dealing with it.
    • They are making a big deal of the supreme court case Prudential, that compounded interest is not applicable.   A mistaken payment is not a transfer of value and such only simple interest applies    Judge thinking of striking out compound interest
    • Great, thanks for the update. I sort of wish that I hadn't suggested the ICO complaint now because clearly virgin are on notice and they seem to have expressed an intention to erase data. I didn't realise this was going to go on like that. So you've got some money in the bank – and the other thing is that it is evidence that they are aware of everything and is there is not even an attempt to challenge the judgement, I think that amounts to a bland acceptance of the responsibility – although I suppose they would say that they simply paid because it made economic sense. So I wonder what is happening to the first one? Are you able to enquire? So the clock is ticking away on the third one so we will move on to the next stage as soon as that time limit has expired. I think the fact that there are two judgements against them – and one of them has been satisfied now will assist your latest claim if it gets as far as a judge to show that virgin are serial breachers of their data protection obligations   I asked earlier on if you had a telephone number for the mystery handset and whether you had tried calling it. Also, could you address the question I put about the state of your credit file. Also, have you got copies of everything – including credit file – in case everything gets cleaned up?  
    • We have a happy update- the second claim that was served at the Reading main office apparently has been paid in full today!   On the other matters,I rang the number and there is just a message saying 'It has not been possible to connect you to this number.If you have dialled correctly,this number is not registered to a network'.   And it was indeed your good self who recommended I make a complaint through the ICO's website way back in October in post 3-they have until March 11 to respond to that.  
    • I would issue a Notice of Correction to the relevant CRAs with proof (taken from the actual Default Notice attach a copy if you have one.) or previous data kept from the CRAs that the default had passed its 6th anniversary...the credit reference agencies will then take it up with them.   Andy 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

DPA - Inspecting files for manual intervention?


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If a bank (or similar organisation) responds to a request for details of manual intervention as part of your DPA request by stating that it does not have to supply this - possibly due to a disproportionate effort - then do we have a right to view the information ourselves, at the bank's premises?

 

I ask because of THIS_WEB_PAGE

 

and this line of text near the end...

"The data controller can refuse to supply a permanent copy of the data if this is not possible or would involve disproportionate effort. You are still entitled to inspect the information at the data controller’s premises."

 

If this is the case, how many of us would like to see those files ourselves? And how much time would those lovely banks have to put aside in order to assist us?!!

 

I guess it would also assist anyone who has to defend themselves IN COURT by being able to show that none occured...

 

 

(This was posted in "Legalities" but I'm hoping this might get more views here...)

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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From what I understand the banks have not said to anyone they are not prepared to show them

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I don't mean "not prepared to show them" - rather that they have replied to some people with a letter that states they do not have to include this information, since it falls into the 'disproportionate effort required' catagotry of the DPA.

 

as in THIS post....

 

and THIS one also.....

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.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Please note that this topic has not had any new posts for the last 5449 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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