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    • Firstly dont under any circumstances go into this as an act of punishment as a judge will pick up on it and most likely rule against you.   You are not applying for a CCJ, you are asking for the costs incurred in making the disclosure requests to be reimbursed and if they don't pay and don't defend then you can request judgement. Even then they can ask for it to be stayed so don't go thinking its a done deal.   As I have explained, work out your costs, I have kept mine low so that it doesn't suggest to a judge that anything actually costs £50 for a letter for example, as the main purpose is to get it in the system and potentially to a judgement. If they do pay up, and many will, my advice is not to cash the cheque until they send the info from the SAR and then only if your happy. If you don't get it then seek judgement and even if it goes to court you can ask the judge to increase the costs due to the extra work.   This will not be a case about GDPR etc as the judge will not make a decision on that, but it is great evidence of non compliance to take to the ICO. 
    • Hang on DX - They went to someone who deals in Compliance and someone above front line staff... Maybe this could go somewhere...
    • I think the confusion here is the process of making a claim for breach of GDPR.You should not be using a part 7 to make this type of claim or requesting any monetary value. Part 8 claim is the correct process.   Part 7 is safe and small claim track...but part 7 requires a value to be claimed...even if the court allowed it and you did attain a judgment...its consequences are irrelevant and would not set a precedent of breach of GDPR.   It must be a Part 8 ....but the risk is considerable as it would be treated as a Multi Track claim......so you are open to very high costs risks....and of the course I wont mention the fees for processing a part 8 claim.    Of course Pre Action Protocol and ADR applies to both type of claims.   Hope the above adds clarity.   Andy
    • Apologies if I'm not in the correct forum, wasn't quite sure where to put this and need a bit of advice if possible please...   Earlier this year in March we purchased airport parking through Trusted Travel.  However, instead of taking the payment, they took two payments (a duplicate payment for the same date and time etc) and we're not sure why.   Anyhow, e-mailed their customer support department as soon as this was noticed a few days after and were told they'd forward the query to their finance department who'll investigate and get back to us in 5-10 working days.   Unfortunately, we haven't heard anything back and have been e-mailing them every month since then and have not had a response.     Please can someone advise how I can proceed in retrieving this duplicate payment back?
    • I dont think its in question with regards to your signature...its whether the document has been legally executed and if its contents are legally accepted as a valid deed. questionable as to whether its a deed or a simple contract...if the latter then statute of limitations is 6 years not 12.   Also there is no dates in the header with reference to be " delivered " or any mention of being " delivered " throughout the agreement ?     And from what I can make out there is no third signature ? (the two you have blacked out are your name and signature ?)
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
Andyorch

Equifax hack: 44 million Britons' personal details feared stolen in major US data breach

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An investigation was underway on Friday night after the personal data of up to 44 million British consumers was feared stolen by hackers in a massive cyber attack.

 

The information commissioner said it was investigating how the hack on Equifax, a US credit rating firm, affected UK customers, many of whom will be unaware their data is held by the company.

 

Equifax and its UK subsidiary companies state on their websites that they represent British clients including BT, Capital One and British Gas.

 

There are fears that customers of these companies could now be affected. BT said that "many companies in the UK" used Equifax services and said that it was "monitoring the situation closely".

 

The Information Commissioner's Office (ICO) has urged Equifax to alert affected UK customers as soon as possible, and said it will work with the relevant overseas authorities on behalf of British citizens.

 

http://www.telegraph.co.uk/technology/2017/09/08/equifax-hack-britons-data-watchdog-investigates-ukimpact-major/


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I was just thinking about this.

 

Given that you can't obtain an account with BT, Banks etc, without consenting to data being processed by CRA's, what legal rights do people have if say Equifax did not secure personal data. The stolen data was then used for fraudulent purposes or sold to people that had no legal rights to hold the data.

 

I presume under the DPA, you have rights to sue a CRA, even though you have no direct contract with them ?


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