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    • With regards to paragraph 1, having re-read what I believe to be the relevant exemptions for data disclosure, being subject to a civil action is not one of them. In fact I think as it is written the legislature leans in the opposite direction to your suggestion. It indicates that data controllers may only restrict access to a data subject in order to avoid obstructing a legal enquiry. (I find it difficult to imagine such a scenario but it has clearly been considered as a possible one). If you believe you are aware of such an exemption it would be useful to provide the basis for this in a post that everyone can see.
    • I'm struggling with the wording of my statement then.   So far I got:   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. ← do i need this? The Claimant wrote to the Defendant in August 2018 admitting they were unable to produce a copy of the Credit Agreement which they noted in paragraph 1 of their particulars of claim, and therefore the account they had on record was unenforceable, after the Defendant requested a copy. I have reason to believe the Claimant would only file a claim if the Defendant was unable to respond in order to win the judgment by default. The Claimant filed a claim using the Defendant’s previous address, and the Defendant was only made aware of the judgment after checking their credit file. The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address only twelve (12) days after filing the claim to Defendant’s previous address therefore showing they were aware the Defendant had changed address.   Any tips?
    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
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Employment Tribunal Advice


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Hello

 

My daughter represented herself in a lengthy employment tribunal (11 days) over a year ago and she is yet to receive the judgement. She has on occasion e-mailed the ET to see if there is any progress but a year on she is none the wiser and has no indication as to when she will receive it. Can anyone advise if this is normal practice, over a year seems an excessive time to wait.

 

Thank you

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Thank you steampowered. I will get her to do exactly that. She did e-mail to request an update over two weeks ago and apart from an automated response has had no reply. She is becoming increasing frustrated at the lack of information being provided and what appears their reluctance to issue judgement.

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My understanding is that ETs are currently aiming to get judgments out in 28 days (although in reality, they often take longer) but a year is absolutely not ordinary. Has she chased them consistently?

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Yes Becky she has and each time they give her a timescale for the judgement and reasons to be issued, she has had to chase this up, only for the goalpost to change.

 

She telephoned the ET today as she did not receive a response to her e-mail requesting an update 11 days ago and was basically advised the Judge has other case commitments and she would get it when she receives it. It is now 13 months since her hearing ended.

 

We don't know what to do now.

 

Thank you for your advice.

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Thank you ericsbrother.

 

It may become an option for my daughter. I think she is concerned she may 'rock the boat' if she takes any official action. Tribunals and judges are obviously a law unto themselves as nothing she does seems to be prompting a response. She is slowly losing faith in the judicial system, it was hard enough representing herself in a complex case but the delays are not doing anything to instil confidence.

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The judge may be unaware of the problem : it may be an admin error by the tribunal staff. If the judge us the issue then they need support.

Either way, if it is done appropriately, a complaint should be seen as a constructive criticism .....

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The judge may be unaware of the problem : it may be an admin error by the tribunal staff. If the judge us the issue then they need support.

Either way, if it is done appropriately, a complaint should be seen as a constructive criticism .....

 

Never the judge now is it Baz, always someone else, could it be Mr Smith, now there is a thought.

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The judge may be unaware of the problem : it may be an admin error by the tribunal staff. If the judge us the issue then they need support.

Either way, if it is done appropriately, a complaint should be seen as a constructive criticism .....

 

Never the judge now is it Baz, always someone else, could it be Mr Smith, now there is a thought.

 

"The judge may be unaware" and "If the judge" and "Either way" shows that I accept it might be the judge (but might not).

You should keep your errant preconceptions on your own thread : why embarrass yourself here too. People can see what I've written, what you have written and make their own mind up who is leaping to assumptions ...

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At long last my daughter has a sort of definitive response. She has now been advised the Judgement is with the Tribunal Chair awaiting signature and it should 'hopefully' be with her within two weeks, we shall see.

 

Thank you for all your advice.

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