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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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mosaic01

High Court Order

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Can anyone explain what the following means on a court order I have received, the plaintiff has requested Google discloses information about my Gmail account, my IP address as well as dates of emails

 

"to the extent this information is available and it is resolved to the European Union

 

Many thanks

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???????????

 

 

you've lost us

 

 

tell us the full story please


please don't hit Quote...just type we know what we said earlier..

 

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I was referring to a paragraph in the court order which states:

 

The source IP address for the emails sent from xxxxxxx@gmail.com as referred to in the full email header set out in Schedule 2 to this order, to the extent this information is available and it resolved to the European Union.

It is the last part that I need an answer to if possible where it refers to the EU.

 

Thanks

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Give background on the case as it willnbe far easier to tell with the right context


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi, not much to tell,

 

 

I ran a blog which was online for 2 years, then suddenly it was removed.

 

 

then I got an email from Google last week, which included the court order requesting info about my gmail account which related to a Schedule 2,

 

 

I did not receive the Schedule 2 from Google just the court order which lists me as defendant.

 

 

What I find amazing is that why was I not sent anything from the plaintiff,

my email address was on the blog and it's also in the court order.

 

 

What happened to freedom of speech and privacy, data protection,

 

 

also can a UK court order have validity or jurisdiction in California.

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Hi, not much to tell, I ran a blog which was online for 2 years, then suddenly it was removed. then I got an email from Google last week, which included the court order requesting info about my gmail account which related to a Schedule 2, I did not receive the Schedule 2 from Google just the court order which lists me as defendant. What I find amazing is that why was I not sent anything from the plaintiff, my email address was on the blog and it's also in the court order. What happened to freedom of speech and privacy, data protection, also can a UK court order have validity or jurisdiction in California.

 

I will try and find someone who can answer this for you.


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Many thanks much appreciated, I've got until the 11/2/16 to do something about this, any help I can get would go a long way.

 

Regards

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I have marked the S.O.S as urgent, so hopefully someone will be with you some time today :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just got an email from Google legal, I requested the Schedule 2 which was not attached to the court order, they also said that if I file an objection with the court and sent it to them they will accept my objection. The issue here is about privacy and the fact that although my name is on the court order and my private email address I was not informed about it. If Google hadn't informed me I would never have known someone was trying to get info on my email account.

 

regards

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Where are you located mosaic01 ?


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In the UK

 

UK Hampshire

Edited by citizenB

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Hi, not much to tell,

 

 

I ran a blog which was online for 2 years, then suddenly it was removed.

 

 

then I got an email from Google last week, which included the court order requesting info about my gmail account which related to a Schedule 2,

 

 

I did not receive the Schedule 2 from Google just the court order which lists me as defendant.

 

 

What I find amazing is that why was I not sent anything from the plaintiff,

my email address was on the blog and it's also in the court order.

 

 

What happened to freedom of speech and privacy, data protection,

 

 

also can a UK court order have validity or jurisdiction in California.

 

"What happened to freedom of speech"

You had freedom of speech. That doesn't mean people have to listen, nor have to host your blog, nor that you are immune to being sued if you post unlawful content.

 

 

"and privacy, data protection,"

Did you post a blog open to view by anyone?

If so, why should you be entitled to privacy.

 

It is akin to me walking to the centre of London, shouting "Person A is a lying, cheating ******", and then claiming what I said was private.

If you published it openly for one and all, you loose any claim to privacy.

 

 

Data protection : are you claiming the data was inaccurate, inadequate, irrelevant or excessive and so Goggle should hold it?

if you published a blog so that it was widely visible, you can't claim data protection on privacy grounds (see above) especially if it mentioned a third party who now wishes to enforce their rights.

you can only claim data protection later under "the right to be forgotten" (see http://ec.europa.eu/justice/data-protection/files/factsheets/factsheet_data_protection_en.pdf )

 

Did you say something on the blog about a third party? If so, was it "published" (so made available to others, especially to others without limits / restrictions on who could see it!)

If so, don't expect them to loose any rights they have to take action by a spurious claim of "freedom of speech", "privacy", or "data protection"

 

What about the third party's right to privacy, data protection and avoidance of defamation??

 

I don't know if you may have defamed someone. Surely someone who feels you may have had the right to have their claim heard?

 

Whilst I don't know if it is applicable to your situation, xkcd have a great summary regarding Internet freedom of speech.

https://xkcd.com/1357/

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Thank you for your comments.

 

Firstly no defamation or libel was committed. Everything published was in the public domain

 

The blog reported the arrest of the claimant for harassment and stalking by the police, information available from Wiltshire police.

 

HIN notice issued against the person, again available from Wiltshire police.

 

Reporting and publishing of the spurious business activities of the claimant, companies house documents all in the public domain.

 

The person concerned is litigious by nature as he is wealthy.

 

I believe this is a frivolous legal action something he has done in the past to other parties.

 

As I said what concerns me is that had Google not contacted me then I would never have known about it, and my name is on the order as well as my gmail address.

 

I have now contacted the high court and will have to go up to London and get the documents that support the court order and file an objection.

 

Regards

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He may be litigous, but if what you say is the truth, then you wouldnt have lost legal action against you.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The jurisdiction of the court over data (such as IP addresses and the like) depends on where that data is held rather than where you live.

 

I suspect the court order is basically saying that google is required to hand over this data if it is stored/hosted/processed within the European Union; but is not required to hand it over if that data is held in the United States.

 

I suspect that the person concerned has applied for a court order that google disclose information concerning the blog. His objective is probably to get information from google which proves the identity of the author, in order for him to threaten legal proceedings against the author or otherwise demand removal of the blog.

 

At this stage, I am not sure there is much merit in objecting to the court order. If you file an objection, that will effectively identify you as the author, which would defeat the purpose of the objection. It is entirely possible that google will not provide any information in response to this court order or that the information they provide is very limited.

 

For example, an IP address by itself would not confirm your identity, he would need to get a separate court order against your ISP to link your identity to the IP address. Personally I would sit still for now.

 

It is however worth getting any documents you can from the High Court (some of the key documents will be matters of public record and should be available on request). This person would need to have filed a claim form and a witness statement in order to obtain the court order. If you read the claim form and witness statement, that will give you an idea of what you are up against. This person will need to have spent money on solicitors to get this far, so he presumably wants to bring proceedings against you for defamation or something similar.


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Hi Steampowered, great information and very much in line with my thoughts in the past 24 hours, your right, I've confirmed with the high court that with the Schedule 2 there is witness statement which I will pick up tomorrow. Re IP, Google owns the IP, the header shows their IP address, I've run a couple tests using ipleaks and it's not my IP address that shows up. Once I've got the docs I'll have a better understanding of what is going on. For now I'm keeping off the radar. I'll keep you posted

 

Again my thanks

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Excellent advice form SP :wink:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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