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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Environmental Information Regulations Act and Internal Review

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I made a Freedom of Information request to my council because it smells bad near of my council library.

I was dissatisfied with the result and I made a request for an Internal Review of the handling of my FOI request.

 

 

Unfortunately the council told me that it has no obligation to reply to this request for an Internal Review because it has considered my Freedom of Information Request under the Environmental Information Regulation Act 2004 and under Regulation 11 of this act a request for Internal Review should be made within 40 working days of the last correspondences of the council concerning my Freedom of Information request and I have made my request 50 working days after the last correspondence.

 

I made my request for an Internal Review 50 working days after the last correspondence of the council because I was not aware that my FOI request was considered under the Environmental Information Regulation Act 2004 and that there is a 40 working days deadline.

 

1.

In the email that I received from the council acknowledging receipt of my Freedom of Information Request and giving me a reference number it is stated that my request will be considered under the Freedom of Information Act 2000 but it is not stated that it will be considered also under the Environmental Information Regulations Act 2004 because in the acknowledgement email of the council it is stated the following:

 

“I am responding to your request under the Freedom of lnformation Act 2000, which we received on 10 May 2016, for information held by the Council”

 

However I have found in the Internet that contrary to my council when other councils acknowledge a Freedom of Information request and consider it under the Environmental Information Regulation Act 2004 they inform the applicant of this fact because I find the following in the Internet

 

“Thank you for your request for information regarding the conservation area in Parkgate, which we received on 07 October 2015. We are dealing with your request under the Environmental Information Regulations 2004”

 

Therefore the council did not inform me that it will consider my FOI request under the Environmental Information Regulation Act 2004. I would like to know if it is at the time that the council receives a FOI request that it has to decide whether or not to treat it as environmental information request and it has a legal duty to inform the applicant of its decision in its acknowledgment email? I learnt it only because I made a request for an Internal Review.

 

2.

The only deadline to which the council makes reference in its emails is that he will reply to my FOI within 20 workings days but no reference is made to a 40 working days deadline.

Contrary to other councils in the website of my council it is not made any reference to this 40 working days deadline

In none of the emails that I received from the council about my Freedom of Information request it is made reference to the Environmental Information Regulation Act 2004 and to this 40 working days deadline.

Nowhere in the complaint form for Internal Review it is made reference to this 40 working days deadline

In the last email that I received from the council about my Freedom of Information request the council advises me that I can make a request for an Internal Review of the handling of my Freedom of Information request but the council did not advise me to do this within 40 working days.

 

I would like to know if because it has made reference to a deadline of 20 working days the council had a duty to make reference to all deadlines including the 40 working days deadline?

 

3.

I would like to know if the fact that the council does not say in its acknowledgement email and in none of its correspondences that my FOI request is considered under the Environment Information Regulations Act 2004 means that the council did not consider it under this act and has changed its mind later when I made my request for Internal Review to use as an excuse the 40 days deadline to refuse me this request because it is too embarrassing?

 

4.

I would like to know if the 40 days deadline starts when I was aware that I my FOI request was considered under the Environmental Information Regulation Act 2004 i.e. when I was told that my request for Internal Review was refused? For the reason that paragraph 2 of this act says

 

“Representations under paragraph (1) shall be made in writing to the public authority no later than 40 working days after the date on which the applicant believes that the public authority has failed to comply with the requirement”

 

5.

I made my request for an Internal Review of the handling of my FOI request only few days after the 40 working days deadline, In this circumstance I would like to know if I can advise the council to accept to process my request for Internal Review and to amend its website and to inform properly the applicant in case his Freedom of Information Request is considered under the Environmental Information Regulation Act 2004 and that there is an important 40 working days deadline

 

I have read the Environment Information Regulations Act 2004 and I found out that according to Regulation 14 of this Act in case the council refuses to provide the information requested under the FOI request the council has a duty to inform the claimant that he has the right to complain against this refusal within 40 working days under Regulation 11 of this Act.

 

Regulation 14 of the EIR 2004 states:

"14.—(1) If a request for environmental information is refused by a public authority under regulations 12(1) or 13(1), the refusal shall be made in writing and comply with the following provisions of this regulation

(5) The refusal shall inform the applicant—

(a)that he may make representations to the public authority under regulation 11; and

(b)of the enforcement and appeal provisions of the Act applied by regulation 18."

 

Regulation 11 of the EIR 2004 states:

 

["11.—(1) Subject to paragraph (2), an applicant may make representations to a public authority in relation to the applicant’s request for environmental information if it appears to the applicant that the authority has failed to comply with a requirement of these Regulations in relation to the request.

(2) Representations under paragraph (1) shall be made in writing to the public authority no later than 40 working days after the date on which the applicant believes that the public authority has failed to comply with the requirement."

 

 

However I have not found in this Act that it is stated that in case the council accepts to provide the information request but the claimant is not satisfied with the information provided or with the handling of his FOI request the council has also the duty to inform him that he has the right to complain within 40 working days under Regulation 11 of this Act.

 

I have not found also in this act that it is stated that when the council decides to consider a FOI request under the Environment Information Regulations Act 2004 it has a duty to inform the claimant

 

I have maybe not properly read the Environment Information Regulations Act 2004. Therefore I would like to know if some of you know where it is made reference to these two important requirements in this Act or in another piece of legislation. I think that somewhere it should made reference to these two requirements because for example it would be unfair to deal with a FOI request under the Environment Information Regulations Act 2004 without the claimant being aware of this fact and without being aware that if he wants to make a request for an Internal Review he should do this without 40 working days.

 

I need this information to convince the council to accept my request for Internal Review without the need to make a complaint to the Information Commissioner

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