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    • Is this better?   In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     2. This claim is in relation to three breaches of the Data Protection Act (2018) by the Defendant. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    3. The Defendant has failed to comply with the statutory time limit and is therefore in breach of the Data Protection Act (2018). (a) On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendants data disclosure is incomplete.  (a) The Defendant has provided data disclosure on 25 February 2020.  However, the data disclosure that has been provided by the Defendant is incomplete.    5. The Defendant sent the disclosure to an address that was not the Claimant’s. (a) The Claimant provided the Defendant with the correct address to send the Subject Access Request to on 10 January 2020 and again on 19 February 2020.      6. The Claimant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    7. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
    • They must have had something to hide as they have been pulled up on these deaths before.   This seems a typical case   https://welfareweekly.com/family-of-jodey-whiting-seek-fresh-inquest-into-her-death-to-examine-role-played-by-dwp/
    • You haven't taken up all the points I made my previous post
    • Well thank you - it ain't over yet! Actually it's been an incredible learning experience and maybe in my next life I'd like to be a lawyer! I just hope all the chat on this forum is of some help to others in the same boat. Unbelievably, my son in London has just told me he's had a PCN for £170 from Parking Eye, which he claims is not justified. And so it goes on! The sooner they get the government Code of Practice up and running the better. 
    • In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. This claim is in relation to the Defendants breaches of the Data Protection Act 2018. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    2. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     3. On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendant breached their statutory duties in that:  they failed to provide the data disclosure within the statutory time limit of thirty days.  The data disclosure was eventually provided on 25 February 2020.    5. The data disclosure that has been provided by the Defendant is incomplete.    6. The Defendant sent the disclosure to an address that was not the Claimant’s.  The Claimant provided the Defendant with the correct address on 10 January 2020 and again on 19 February 2020.      7. The Defendant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    8. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
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Cosmicdancer

PRAC/BW Claimform - THE MONEY SHOP PDL DEBT

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no response from cca or cpr . i have kept tracking number from post office.

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i thought i had the tracking number safe and sound... i have got reciept for the blank postal order.. will keep looking

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Aint going near a court room door without paperwork.

WS should be fun then

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please don't hit Quote...just type we know what we said earlier..

 

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So do i just wait this out to be transferred to my local court?

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Should already be transferred.....wait until you are advised of a hearing date...then you must draft a statement in support of your defence with any documents as evidence and file and serve not less than 14 days pre hearing date.


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i filed an sb defence though and found out from OC they recieved £1 on 3rd june 2014. Do i need to be looking at irl for a defence?

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No...you cant use that type of defence when the debt has been assigned...only against the original creditor if had issued the claim.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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ok thanks for that . Unsure what to do now in terms of a defence.

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Youve already filed your defence

Witness statement next


please don't hit Quote...just type we know what we said earlier..

 

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Hi just noticed you have a claim against you for the same thing I had. Have you contacted Northants to find out anything. I did this and found out that they never replied and the claim was discontinued by the court. Check my thread out.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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Hi just an update , I recently received a letter from the court saying the claimant has until 20th January to get things moving . But heard nothing from anyone so far .

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scan it up

 


please don't hit Quote...just type we know what we said earlier..

 

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hi happy new year .
 

update:

 

Received an email from BW Legal

 

“I am the case handler in this claim, which is due for hearing on 21 February 2020

 

Having reviewed your defence, I would like to discuss the case with you to see if we can reach an amicable resolution, as our duty to the Court is to try and settle the case between the parties.

 

I would be grateful if you could please advise a convenient time for me to contact you, and the most suitable telephone number to ring.“

 

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so why haven't you updated us upon what forms from the court you have had since dec 4 and what you did with them.??

 

I will assume you exchanged N180 and mediation failed

and you've had an N157 giving the court date and the exchange of witness statements by 14 days before the hearing?

 

how did BW get your email?

did you fail to read our advice not to supply solicitors with email/phone/sig on their copy of the N180?

 

what date do they have to pay the fee by too?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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They are going ahead with the claim

 

I received a big envelope today from BW legal with the credit agreement etc all in it my photo and stuff too from the original loan application ... I am guessing this is going ahead ?

 

I’ve only got a receipt for the £1 postal order on 09/05/2019 and mentioned above it isn’t statute barred as I paid £1 on 03/06/2019

 

I’ve moved house and the mail only arrived from BW legal because I have a redirection in place really stuck what to do 

 

In the letter it says they are willing to resolve on an amicable basis without it going to court ?

It’s a big bulky load of paperwork . 

 

Hearing date is 21/02/2020 10AM

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as said in my last post …..

you have to send your WS to the court and lowells by Friday 4pm.

 

you'd better get you finger out

continually not engaging with this thread and sitting on your hands is doing you no favours.

 

scan up ALL of their WS to ONE multipage PDF 

then we can help you do your and rip theirs apart.

 

there are numerous PRAC/BW PDL Claimform threads here with suitable WS examples to base yours upon.


please don't hit Quote...just type we know what we said earlier..

 

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this is the first 9 pages of the W/S , the rest of it is credit agreement etc and letters they sent its a lot of pages ... do u want me to go ahead and upload them all? Sorry if i didnt do the pdf's right i did what i thought u meant by merged pdfs.. thanks

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one page per one page please

we need the exhibits too but not the covering sheets

 

 


please don't hit Quote...just type we know what we said earlier..

 

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claimant ws properly redacted in above post now

 

quick notes

 

hearsay evidence by a paralegal that must be present at the court hearing for this ws to be refered too.

econtructed agreement..why have they not got the org online sign-up??

recon copy of what a dn would have looked like ...no dice!!


where's the original issued by the oc? screen shots dont count.

27.
the defendant does have to prove sb, that's for the claimant to prove.


35. the debt is statute barred. no need to respond otherwise

 

37/38/39 the evidence supplied in the claimant ws ae nothing more than supposition and genric templates of what might have been sent, not the originals by copt from the oc.

 

42. what is this payment?
 a cca request fee?

 

exhibits..

the dn is not on money shop headed notepaper...bogroll!!
 


please don't hit Quote...just type we know what we said earlier..

 

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Wow u really tore it to shreds lol !!

I am not so worried about this today after reading that.

 

can I just email my ws to the court and bw legal ?

Or do I have to post by next day delivery today ?

Does it need correct titles etc at the top of the page ? 

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you should already have seen by self help reading here that you NEVER use email nor give one.

 

is the court not local to you to hand deliver it?

 

as for the format, again you should be aware of that already and from looking at how lowells have contracted theirs.

 

get your up so we can check it.

don't forget the CAG custom google search box!

 

 


please don't hit Quote...just type we know what we said earlier..

 

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yes i can hand deliver it if i get it done in time. Do i need to post a copy to BW legal aswell?

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yes as it tells you on the court notice

that can be by 1st class with free pop.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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