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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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FINALLY got statements but I am livid!


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After 3 months my statements (save for the last 2 years which they had already sent) finally arrived. Sent to me in my maiden name (I've been married and changed my name for over 3 years) and to my parents' house (where I haven't lived for nearly 7 years). It's just as well it is my parents' house, it could well have been my previous house that had been sold! Furthermore, the package was all ripped and torn with some of the contents poking out. I am not at all happy, I don't want my parents knowing I'm claiming back the best part of £2000 in charges (they've never had a bank charge in their lives and would be appalled) and yet now thanks to the bank they know I've requested all my statements back, so they must know I have a reason for that! I am livid with the bank, it just shows the contempt with which they hold their customers' personal data.

 

I have taken photographs of the package is it worth me complaining?

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Hi, Banks hold everyone in contempt they will be nice to you if you owe them 100K though, Nat West took me out of business 8 years ago just because they were selling. Interesting thing was I checked all the companies they own by I wonder which method they aquired them.

 

Best way is tell your folks save them guessing! and just tell all the people you know to claim back the charges, word of mouth is stronger than most advertising methods, Good Luck!

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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Hi, had a very similar problem and was pretty livid as well. I threatened to take them to the small claims court to get a formal adjudication they had breeched the Data Protection Act and then send it to the Info Commissioner who can fine them. It worked as they offered to settle my bank charges before I had even issued a Claim Form.

 

I am awaiting a reply on the data issues but I will sue them for a ruling and damages at the discretion of the judge. No-one seemed to know the best course of action so this is what I'll try?

 

You could try this - I did send a post on this but don't know how to link it - it is the only other one I've written, so you may be able to find it!

 

 

cheers

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  • 2 weeks later...

Thanks for replying all, I meant to reply last week but couldn't log in! Gah.

 

Anyway, they sent another copy of all the statements to my current address. However this time the envelope was all torn and coming open as before, and furthermore even though it contained details and statements for MY bank account it was addressed to both me and my husband! :mad: Surely that's yet another DPA breach? Again, I have taken photographs.

 

Costacleethorpes, your story is very encouraging. I'll have a look for your post. I was going to ask for the money and mention the DPA issues as an aside hoping this would kill 2 birds with one stone - does that sound OK?

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Hi,

 

I am very much learning this as I go. I have accepted their offer to refund all my bank charges and they have refunded them. I am now intending to take them to court to get a ruling against them regarding Data Protection that I will then send to the Info Officer who can fine them. I will also ask the judge for damages at his discretion - if I got any it would be nice but not really why I am doing this. If I lost at least I have had a go.

 

I said I would do this in my initial claim for charges, no idea if it helped but they did meet my claim in full before the court stage.

 

I am awaiting an offer on the Data Protection issues but it will have to be a big one, I am feeling fairly bloody-minded after the amount they have messed me about. And, of course, there's the nice irony I can use the money they have just given me to take them to court!

 

Hope this helps in some way.

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