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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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flexeh

Social Services Records - SAR

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Morning All,

 

Just a bit of advise please, I sent off my Freedom of Information Request to the council wanting my social services notes as i came through the care system. Eventually after numerous phone calls and 8 months later i was finally presented it in a nice large printer paper box.

 

As ive gone through, obviously i can see thaty alot of names have been blanked out - im guessing thats common practise, this includes my social workers at the time, and even my parents names - which i do not get. There are also large paragraphs banked out so i cannot see whats written. These paragraphs were part of my review, which im not sure why these were blanked.

 

Anyway there are around 1500 - 2000 pages of information, with alot of it mixed up where i have no reference point. Like it will say page 2 but im not sure which page 1 goes with it. Some documents do have a number system at the top which looks like it was added as part of the screen prints, however this is only on about 40% of the documents, the rest the printer has messed up and done a solid bar so i have no way of referencing. Also probably to keep the size down the scan settings haven't been the best to print. I have quite a few documents (guessing 10-15%) that are not legible. I'm guessing that the combination of the pen used and the dots per inch have resulted in this (see attached).

 

Obviously one of the main reasons why i wanted the document is i wanted further answers to questions ive had most of my life. I know alot of what went on, but maybe the reason why has alluded me for so long. Can i request they redo it all again to a better quality? obviously i dont want to waste paper, so i would happily accept a digital version by PDF on disc if this is permitted under the rules of SAR. Obviously the nature of a lot of the items would mean it may take a while again to do it. however, with the information incomplete as it is, ill struggle to make sense of it all.

 

Also what things should they be blocking out on my document? as said there seems to be quite a lot. Not sure why they would even block my parents names out as well.

 

Thanks

 

Steve

unreadable.pdf

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Not sure how true this is,

 

But I've now been told they they should not omit names and

Details from my file as I'm entitled to review all my files. Also as a lot is not readable I should tell them they haven't fully completed my FOI request.

 

The only things I guess that should be blanked would be details of my brother who was adopted. Such as his new name and address. Other than that all should remain.

 

Can anyone confirm the legality and law on social services notes and what exceptions there is. Also can they refuse to redo the notes?

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Hello there.

 

Are you able to tell us what you're trying to find out please? That might help us to help you.

 

HB


Illegitimi non carborundum

 

 

 

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Sorry,

 

There's nothing I wanted to find out specifically,

I wanted access to my full records as I came through the care system. When you become an adult you are legally entitled to have a copy of your full record. As a lot of things about you was decided without your presence and the notes help give you an understanding why.

 

As I had social involvement in my life from the age of 6 there's a lot to my story and upbringing. These notes may help provide understanding and answer questions I have.

 

See I know people can have access to notes and I have been told it should be full notes but I'm not sure if they treat it the same as a SAR or not

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Hi flexeh

 

I can fully appreciate the information that you were after in these circumstances and why you would be wanting this information.

 

The problem that happens in a situation like this is you have requested this information from the local authority who by law have to follow certain processes and checks to fulfil your request and the main Act that they probably would have used during your request is the Data Protection Act.

 

Here are some links that may be of use:

 

https://www.gov.uk/data-protection/the-data-protection-act

 

http://www.legislation.gov.uk/ukpga/1998/29/contents

 

https://www.gov.uk/government/publications/data-sharing-guidance-for-local-authorities

 

https://www.gov.uk/government/publications/data-sharing-guidance-for-local-partners

 

https://ico.org.uk/for-organisations/guide-to-data-protection/

 

https://ico.org.uk/for-organisations/local-government/


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I had a brief chat with the ICO and they said that records have to be legible otherwise they would not of fully satisfied my request and would be classed as incomplete.

 

Someone else has advised the council will have a review board?? So I can request that it's reviewed...

 

Also no one can understand why the names have been blocked when I am aware of who said what and who did what and it's not as if it was all done without my knowledge. The only bit I would expect blocked is my adopted brothers new name and home other than that my social worker names at the time, my parents school teachers etc should really be blocked should they?

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A SAR relates to information about you only.

 

It's reasonable to redact the names of teachers or social workers etc.

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A SAR relates to information about you only.

 

It's reasonable to redact the names of teachers or social workers etc.

 

See this is where i'm getting differing information. Social services notes seems to be a different kettle of fish. Even the ICO themselves (on phone) have said they do not understand why details and names have been omitted when i was fully aware of the individuals in my case and family involved.

 

They have also said that the unreadable content means that my SAR has not been provided in a format that is easy to understand and readable, so im within my right to request it again in a format that is easy to understand and readable.

 

I have drafted a letter based on the information provided. which i have attached. Do you think this is enough at this stage? As im giving them opportunity to sort it out before rushing to complain to ICO.

 

Thanks

SAR Complaint.pdf

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