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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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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

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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 ?

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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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