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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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weldingjoe

e.bay gave me someone's private phone number after complaint - broken DPA?

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i have been a member of e.bay for over 6 years, and in that time bought and sold countless items.

ive never had a problem until recently !,

 

a couple of weeks back a bloke contacted me through e.bay about an item i had listed through them { as ive allways done},

the amount of money in question was £600.00 { a lot of dosh},

he wanted to know all about it{rightly so},

i gave him as much information as i could using the e.bay e.mail.

 

unbeknown to me he tried to send his private contact phone number to me through e.bay { quite rightly it was blocked},

i knew he wanted to talk to me because of what he put,

 

i took a picture of my phone number and tried to send it through e.bay{ again quite rightly blocked},

he asked if i could hold on to the item for a couple of weeks because he was working away,

i replied { through e.bay} could he put down a deposit on the item as i told him ive had a lot of timewasters, and i would remove the listing " as an act of good faith".

 

as it happend on the same day i received an e.mail from e.bay " threatening me with sanctions" because as they put it " we were both trying to sell/buy out side of their policies and we were breaking " DATA PROTECTION" by trying to give each others phone number out { again no argument with this}, plus i didnt know at this point they had completley blocked him from contacting me in any way.

 

i was very angry that i,d been accused of wrongdoing,

i wrote a complaint e.mail to them.

 

i received an e.mail from the c.e.o,s assistant telling and warning me of the consequences,

but in that same e.mail he had sent the prospective buyers contact telephone number, i couldent belive it !,

for the first time i had seen the very number of the prospective buyer { the very thing they had blocked and warned us about}

 

i telephoned the number and the prospective buyer asked " how did you get this number",

i told him,

he was fuming, ,

 

i wrote another e.mail back to the same person pointing all this out, and complained,

his reply was " arrogant, self opinionated" to say the least

" to which he said we havent broken any law" even though i pointed out " all correspondence has been done through e.bay".

 

ive now complained to the relevant body about this and was told after i explained that they "HAD"  broken data protection. 

 

ive now requested all relevant documents from e.bay relating to this under the " freedom of imformation act".

heres one member who wont use them again......joe

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topic title updated

moved to online forums

 

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Posted (edited)

It's a Data Protection Act Subject Access Request [SAR] you need to make, not Freedom of Information Act request. Freedom of Information Act only applies to public bodies so not to eBay. Data Protection SAR applies to all organisation in UK/EU. There's a SAR template you can use on here, just click the link to SAR in this post and it will take you to it.

Edited by Ethel Street

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have you read the ebay terms regarding dispute resolution? You have agreed to this data sharing so not a breach so the only question wouild be is this a dispute about an item purchased on ebay? if there was no purchase then they have royally screwed up.

Now as it was someone else's data passed to you then it is for the data subject to raise merry hell so was your number given to them as well is the salient point for you.

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Now that you have his number you can close the transaction for cash outside ebay and make more money.

Let the guy fight his battle if he wants to.

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