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    • Hi Caught Shoplifting at John Lewis - Retail loss Prevention/Other shoplifting allegations. - Consumer Action Group Thanks a lot for commenting this experience of yours. I do understand this might be something that you are not willing to talk about anymore but the same exact scenario happened with me today at John Lewis. They took my name/ address/ a picture of me holding a signed banned letter. the only questions I've got are... will I be contacted by the police will this be recorded as police caution or criminal record?  I would really really appreciate if you could let me know how it went.  I am so so so ashamed of myself and am really making changes in my life I feel like I've lost myself for a period of my life but anyways it would be really great to hear back. Thanks 
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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.
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      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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SAR?


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Well thankyou for the information, i take a normal SAR form is required. Me and my partner were wrongly tricked into paying £1000+ of rent arreas to get a move as we had four children in a one bedroom. This was a verbal agreement:-x. Didnt know back then what i know now. Now my case is going back to 2000, there is now a total debt of £1648 paid by me for rent, also a fat council tax bill too "waiting for paper work." Me and my partner were always in reciept of benefit, problem being is proof of this. We at the moment are SAR The local council authority for me then my partner £10 - £25 each, Bank £25 SAR, Tenants SAR from local council office £25. Housing Benefit want £10, Council Tax want £10. Has the price gone upto £25 or are they mearly trying to take me for a mug again. By the time im done ill be judge judy "but a male version" and ill be doing the system for its malicious bullying. Any help would be appreciated, as currently trying to save a single mums mortgage, and many friends who have been screwed over by so many organisations. There is one bonus im doing all this from the love in my heart. "okay maybe a little satisfaction of being able to stick my finger up, in a polite political way of course:lol:

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Well thankyou for the information, i take a normal SAR form is required. Me and my partner were wrongly tricked into paying £1000+ of rent arreas to get a move as we had four children in a one bedroom. This was a verbal agreement:-x. Didnt know back then what i know now. Now my case is going back to 2000, there is now a total debt of £1648 paid by me for rent, also a fat council tax bill too "waiting for paper work." Me and my partner were always in reciept of benefit, problem being is proof of this. We at the moment are SAR The local council authority for me then my partner £10 - £25 each, Bank £25 SAR, Tenants SAR from local council office £25. Housing Benefit want £10, Council Tax want £10. Has the price gone upto £25 or are they mearly trying to take me for a mug again. By the time im done ill be judge judy "but a male version" and ill be doing the system for its malicious bullying. Any help would be appreciated, as currently trying to save a single mums mortgage, and many friends who have been screwed over by so many organisations. There is one bonus im doing all this from the love in my heart. "okay maybe a little satisfaction of being able to stick my finger up, in a polite political way of course:lol:

 

I've not come across any organisations that charge more than £10 myself, but ICO guidance does have this to say:

 

A subject access request must be made in writing and must be accompanied by the appropriate fee.
In most cases
, the maximum fee will be £10,
but this can vary
, particularly if the information requested is for health or educational records.

 

I always thought £10 was an absolute upper limit, but from reading that I guess it's more of an average and reasonable ceiling.

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The DWP and HMRC do not charge for SAR's. If they were to introduce a charge, their maximum would be £10. Local authorities may charge - again it's a maximum of £10 for each request (unless it's educational records) but it depends on the authority. Some councils charge, some don't. What council is it?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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It is brighton and hove city council. managed to get a few templates ready i was how ever given a form on their website cannot link as not had enough posts yet there is a SAR form there i have printed out but it looks more a benefit in its writings towards the council, should i use a template and apply for all of my public record?

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Brighton and Hove LA charge £10.00.

 

I've attached their SAR form to this post. You can use a SAR form, or you can write a letter. If writing a letter, make sure that you are asking for information in accordance with section 7 of the Data Protection Act 1998, and enclose the payment. You need to be very specific about what you want and about who you are otherwise they may try to delay the request by asking for clarification or saying that there isn't enough information to idenify you or your files. BHCC_Subject_access_form.doc

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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thats what i was going to link, also ive added my own personal loggos up the top, is that a problem for offical forms or am allowed to mark them. Plus i want all information brighton and hove council have on me, i.e video survallance, council tax, fines, etc, do i just tick boxes and expect all to be given to me or should i be specific and if so is their information on all that i can ask for. Currently researching if i can SAR inland revenue, national insurance, basically anything to do with my Mr Name. This way i can be full aware of all circumastances.

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was interested can i print my name at the bottom of documents, in fear of Forgery and Counterfeiting Act 1981 (c. 45)

should i also list this in documents and trying to find template to make all communication in writing. thanks

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Have a search of the debt section may be the legal bit (unsure where I last saw the SAR advice)

 

You do not have to sign anything! The fact that they are replying to you at an address which they normally would send mail too (without verification every time by you) is proof enough.

 

Erika's top dog on this subject so heed her advice..

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It's extremely unlikely that the LA will use your signature fraudulently - they are not DCA's. In relation to benefits, most insist on a signature so that they can check the signature matches those on your benefit claims - which they could easily lift your signaturre from anyway if they were going to do it (which as I've said, is unlikely).

 

Although the DPA does not specifically require a signature on a section 7, it does state that they are not obliged to comply with the request if they reasonably require further information in order to satisfy themself as to the identity of the person making a request and have communicated that to you. A signature can be a way of satisfying themselves of the identity of the person making the request. If they refuse on this basis, your only comeback is to complain to the ICO or take them to court to force compliance, which will drag it out - and remember the ICO or court will also consider that they are taking their data protection obligations seriously by trying to satisfy themselves to the identity of the person. However, if you prove your identity in other ways, it will be harder for them to get around it. I had a similar carry on with a catalogue company. I had no account with them, yet they insisted I did. There was no debt registered but I found they had been at my credit file so wanted to know how they came to be there and what info they held on me, I'd never heard of them in my life. People told me to leave it as they weren't saying I owed money, but I wasn't happy that they'd been nosing at my credit file without reason. The mere threat of court made them provide the info quick smart.

 

There are ways that you can sign your name without people being able to 'lift' the signature. You can sign through a line, a row of crosses or symbols - even use a digital signature.

 

If you are really concerned, don't sign it and see if they comply - then if they don't we can look at it again.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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