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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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GDPR potential to hit DCA and Credit Reference Agencies.


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Update on General data Protection Regulations due to hit in may 2018

 

There is a overt permission of Data Subject to consent to processing of data, so a CRA processing John Doe's data without him knowing could fall foul. Likewise a DCA. Full implications are not yet known

 

http://www.idgconnect.com/blog-abstract/26688/what-gdpr

 

http://www.idgconnect.com/blog-abstract/24273/gdpr-probably-won-decimate-businesses-leave-burned

 

Discuss?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Subject Access Requests will be free.

 

Today in the UK we can demand that organisations reveal what they hold on us for £10. Under GDPR these requests will be free and that change might encourage an already ongoing boom in these requests because many individuals are deterred by having to pay even this small sum. Cordery’s Armstrong says subject access requests are ten times more common than two years ago in the UK. He believes that they could be used to disrupt targeted organisations with protest groups potentially coming together to create hundreds or thousands of coordinated challenges that act “like a DDoS attack”.

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Subject Access Requests will be free.

 

Today in the UK we can demand that organisations reveal what they hold on us for £10. Under GDPR these requests will be free and that change might encourage an already ongoing boom in these requests because many individuals are deterred by having to pay even this small sum. Cordery’s Armstrong says subject access requests are ten times more common than two years ago in the UK. He believes that they could be used to disrupt targeted organisations with protest groups potentially coming together to create hundreds or thousands of coordinated challenges that act “like a DDoS attack”.

The UK is fully signed up to GDPR, and it is the Consent conundrum, as millions of people have not de facto consented to have their data handled by CRAs etc the DCA and CRA assume they have the automatic right to process the data, sadly under GDPR if someone withdraws any implied consent and carry on processing the data, they may well fall foul of GDPR and be in a bit of a pickle. and yes no doubt protest groups might target Banks and DCAs

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Banks and the like may well send out the data held and if they get another SAR tell the applicant that nothing material has changed since the last application. Wastes a stamp but not a forest.

Truthfully though, how many fo these swivel eyed loons are there wo are going to casue the country's financial syatems to grind to a halt while they service these requests. i thought they ahd all ceased banking with Barclays, RBS and anyone else as a matter of conscience so no harm done to anyone other than the Co-Op bank and they are broke anyway.

The more anaerobic dca's will just ignore ot tell lies anyway and add the new applicat to their database to demand random sums from later.

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.

 

The more anaerobic dca's will just ignore ot tell lies anyway and add the new applicat to their database to demand random sums from later.

And hopefully be reported to ICO and get a massive fine for breaching GDPR.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I hope- but I expect a few to just melt away and then remorph as a slightly different one. The key here is to chase the people who hire them as per Vidal-Hall v Google and VCS v Philip as well as the dca. name them both on the court claim and behaviour will change.

 

I do wonder how companies who misuse data for marketing purposes will fare- you know the sort- they claim that you didnt tick a box on p31 of their T&C's to refuse marketing from any organisation they have sold lists to o are entitled to harass you any time, day or night.

 

I am having a battle with Aviva over this, they admit they dont have any evidence of even incorrect or non-existent box ticking yet claim as they say it is true it must be. Shame they cant determine my sex or name correctly in their record search. They offered £75 compensation as long as I accept they are always right even when the paperwork sent shows they are clearly wrong.

 

Told them I would accept a box of choccies and no cash at all if their CEO just admits they have screwed up rather than blaming me. the thought of some minion having to even contact the upper floors of Head Office will probably mean no choccies and apology but an improved cash offer " as a gesture of goodwill"

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You are probably right EB, but reality will bite the DCAs on the bum with GDPR.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 year later...

No unless its a uk company passing it

Stuff all anyone in india can do with it anyway!!!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

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Is it just me, I feel very uneasy knowing what kind of information a CRA can hold about me or anyone?

What right do they have to create a dossier about anyone?

If its in the small print of some credit application form I signed I was never made aware of it.

GDPR has made me aware of how big companies seem to be able to do what they want with my data.

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Box for DPA has always been above the signature box on all credit and loan agreements...not sure how you missed it..

We could do with some help from you.

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Why should you?what is your real problem?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Forget it

Been debated to death here already since 2006

 

Read post 12

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought probably wrongly that I owned my data?

Not some multi national corporation.

 

I once asked a CRA to correct an error on my credit record to which they replied to me to prove the error.

 

This related to a Radio Rentals agreement in Northern Ireland.

I have never and still haven't ever been to Northern Ireland.

 

Just there unwillingness to correct an obvious error finished me with CRA's.

 

Anyway that's a long time ago.

I'm more interested in how GDPR pans out.

Maybe is some hope for the man in the street.

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Just looked at Equifax and they say free for the first 30 days then you have to pay, does this contravene GDPR rules?

 

Could you provide a link ?

We could do with some help from you.

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No. They sell your data back to you by offering to help you manage your data file with them for monthly fee. You can use thgis route but you must cancel before the end of the month or they will charge your card.

My understanding is that before GDPR you only had to send a request with a £1 to get your file, but now you should be able to make the request under GDPR and it should for free.

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