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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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      This is good ethical practice.

      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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Data Protection Issue with Landlord


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Hi, this is our first new posting. I am trying to find out if an ex landlord of ours is in breach of the Data Protection Act in passing on a next of kin address to a utility company after we had left. The address in question was my Fathers and he is none to happy about receiving bills from this company. I can hand on heart say, that only the previous Landlord would have been privy to this address and no one else had it, certainly NOT the utility company.

 

I am wondering how we stand legally in taking the landlord to court for breach. Can anyone predict how we are likely to fair. In honesty, we left the landlord no forwarding address as I am about to petition for bankruptcy, although all the other details of leaving the house were dealt with correctly. I can see no where in law that states we HAVE to leave a forwarding address.

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You have to complain to the Information Commissioner. Unfortunately, the ICO may believe the following is applicable to your situation:

 

http://www.ico.gov.uk/for_the_public/topic_specific_guides/housing/landlords.aspx

The ICO also says this:

 

If necessary, we will look into your complaint. If we think the law has been broken, we can give the organisation advice and ask it to solve the problem. In the most serious cases we can order it to do so.

We cannot award you compensation. Our main aim is to get the organisation to change the way it works so that it does things properly in the future.

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Hi, this is our first new posting. I am trying to find out if an ex landlord of ours is in breach of the Data Protection Act in passing on a next of kin address to a utility company after we had left. The address in question was my Fathers and he is none to happy about receiving bills from this company. I can hand on heart say, that only the previous Landlord would have been privy to this address and no one else had it, certainly NOT the utility company.

 

I am wondering how we stand legally in taking the landlord to court for breach. Can anyone predict how we are likely to fair. In honesty, we left the landlord no forwarding address as I am about to petition for bankruptcy, although all the other details of leaving the house were dealt with correctly. I can see no where in law that states we HAVE to leave a forwarding address.

 

There is such a thing as 'equity' in the law. If you come in to court, expecting the court to right a wrong you believe was done to you, you have to come to court with 'clean hands'. In other words, you cannot have done anything wrong yourself.

 

You obviously left outstanding bills at the property, hence the LL forwarding your NOK details to them as they were clearly unable to contact you or send your details since you failed to leave a forwarding address - presumably so that you could avoid the outstanding bills. Ergo, your hands are not clean.

 

If you are going for bankruptcy, you could have included the debts to the utility company/companies (with the obvious proviso that you are not currently using those utility companies still).

 

So, even if you had been able to do more than just complain about the issue to the ICO, the bottom line is that in a court of law, you'd get rapped on the knuckles for not having clean hands yourself.

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