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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    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.   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.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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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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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.


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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.


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Is there a template letter for GDPR request?

What if my data is being processed in India or somewhere similar, outside the EU can I object?

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No unless its a uk company passing it

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


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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..


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Is it possible to withdraw your consent to have your data shared with Tom, Dick and Harry?

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Why should you?what is your real problem?


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I don't want them to share my personal data. Why should they make a business and make money from my personal data?

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Forget it

Been debated to death here already since 2006

 

Read post 12


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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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I also was wondering if you want to see the info an agency holds on file for example equifax should this be given to you free of charge or would they ask you for a subscription to view your credit report

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Under GDRR they shoulhn't charge...but!

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Under GDRR they shoulhn't charge...but!

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

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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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GDPR doesn't mean freebies.

 

A subject access request for example, used to be £10, now might be more or less for administration fee, something they deem reasonable, and especially if you keep making unreasonable subject access request after request.

Edited by dx100uk
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I just ordered a credit report from Experian and it didn't cost me a penny.

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Good

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