Announcements
- Twitter - Include the @company's twitter name in your post title – here's why…
- Have we helped you – would you like to make a donation to us?
- Google call recording app
- Car dealer who sold death traps and forged court papers
- Are you going to pay your builder or your second-hand car dealer in cash or with a bank transfer?
-
-
Tweets
-
Posts
-
I've trawled through the BCOBS material which is a mine field in its self! So, I hope I am the right track. As always, your help and guidance is appreciated greatly! I see below possible causes for action. BCOBS a. Failure to communicate properly FOS found that Tesco took the decision to place the markers and close the account without ever speaking to me. Tesco have acknowledged that they have not acted in compliance with the GDPR in this case as they did not discuss their concerns with me before the CIFAS marker was applied Tesco Bank have accepted that this was not fair and have now changed their process as a result in order to prevent any reoccurrence of this issue. PRIN 2.1 The Principles A firm must pay due regard to the interests of its customers and treat them fairly. FOS found that Tesco bank did not carry out a sufficient investigation thus not treating me fairly. Tesco have acknowledged that they have not acted in compliance with the GDPR in this case as they did not discuss their concerns with me before the CIFAS marker was applied failure to produce the review which effectively recommended that the marker was not placed against you – was unfair. – Tesco have found that “we’ve not been able to locate a copy of this email” failure to produce new DSAR – Tesco response - “a full new DSAR. Under the GDPR regulations there’s no requirement for us to provide you with information/documentation we’ve already sent” BCOBS 5.1 Post sale requirements 5.1.1 Failure to follow correct procedure and rules – ICO and FOS findings on unfair treatment Notes; Also, I was thinking surely, they should have made the account dormant it was never used and hadn’t been for well over a year. Tesco permitted a payment to be paid out of the account even though the account was unused for a considerable period and had no pattern of funds going into it. Was irresponsible for the Tesco to pay out against what was essentially a dormant account leading to personal data been processed unfairly resulting in a CIFAS being being filed
-
By Titchytitch · Posted
Yes that's right sorry my fault re the SAR would you suggest I request the SAR now and wait till just before 11th May to reject so I can make an informed decision regarding which route I should then take with Aviva and int he meant time I will get a chronological order of events sent across to you or I can attach to this feed -
By BankFodder · Posted
I think it would be best to wait for the expiry of the 14 days. There's not long to go anyway. Are you completely ready to click off on day 15? -
By BankFodder · Posted
Also, I think you should certainly start sending SARs out to a number of people. Send one to Aviva send one to the FOS also are we able to identify anybody else's got any records of attempts apparently by you to ask for credit or asked for insurance et cetera? In addition to identifying those in your chronology, maybe you could list out any of them that you are aware of now – and sent them SARs. Of course what would be very funny would be if you sent an SAR to Aviva and they declined to provide you with the data on the basis that you are not the data subject. I think we need to do a lot of information gathering – and incidentally, if you want to challenge this then I think you are going to have to end up going to court. -
By BankFodder · Posted
Okay. You meant SAR – not SRA. I think that when you decline the ombudsman's decision, that you should send a letter which at least they will have on file which will object to the decision and at least your objections will go into their file.
-
-
Recommended Topics
-
Our picks
-
Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
-
-
Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
-
Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
-
***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
-
-
Recommended Topics
-
Recommended Topics
My Hermes parcel -paid out by Packlink **Settled**
-
Recently Browsing 0 Caggers
No registered users viewing this page.
-
Have we helped you ...?
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now