Jump to content


  • Tweets

  • Posts

    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
    • Hannah Peel wore a sustainable dress to the Mercury Awards - but is the fashion industry changing?View the full article
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
  • Recommended Topics

  • Our picks

  • Recommended Topics

AX Keeping drivers driving personal data breach


colin11
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 123 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Posted (edited)

Hi there,

 

Looking for some advice, Over a year ago i was involved in a minor trffic accident, It was totally my fault as i was changing lanes and clipped another car causing a scrape on the front wing of the car i hit, The guy who's car it was has taken full advantage of that, Later that day i was contacted by a claims management company and he has claimed for a hire car, And personal injury despite a very very tiny accident

 

The above is just for information as to what has lead upto the current situation, Though i dont agree with all that he has claimed for, I kind of understand

 

Today i have received a letter from AX Keeping drivers driving informing me that my data that they were holding was stolen and the police are involved but they believe that the data they have stolen is "Unlikely" to be used for identity theft or fraud

 

I rang the number that they supplied in the letter and got through to Experian who are dealing with the data breach, They told me what data of mine was stolen

 

 

Name

Address

Mobile number

Email address

Car details including reg number

My insurance information

 

I have never had dealings personally with this company and i am not happy that they were holding so much information about me

There seems to be enough information for someone to be able to cause me some problems

 

Can anyone please offer any advice

 

Colin

 

 

Document_2021-05-18_164003.pdf

Edited by colin11
Link to post
Share on other sites

I think I would send them to letters – separately – separate envelopes.

One of them would be an SAR.

Second one would be an acknowledgement of the letter and asking them how they came by the personal data which they have been holding on you.

Link to post
Share on other sites

I'd be more concerned about the fleecing driver that is going to cost you £1000's in bogus claims if you don't play this properly

any dashcam footage, you him, other motorists-  any witnesses??

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Posted (edited)

I was told on the phone that the information they held was supplied by the 3rd party, My insurance company is Axa and as much as I have tried to talk to them about the claim, I just can't get through to them

 

No dash cam footage or witnesses, I did hit him, That is not disputed, At the time he told me he would get his cousin to look at it, It was a very rusty old car with holes is the wing that I grazed, A few hours later I got a call from the accident group, 

I will send a SAR to AK, I can understand a claims management company having my information, But a hire company ? Something is off there 

Edited by colin11
Added a bit
Link to post
Share on other sites

the hire company might well have been rightly fwded your details as you caused the accident (have you admitted this in writing?) , so they know who to bill.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Nothing in writing at all, I told my insurance company i had an accident and thats it, They sorted the repair of my car, And ive heard nothing since from them, I got a letter a year later from his solicitors saying he was claiming for injury, But that was for information only 

Link to post
Share on other sites

ok don't think you've anything to worry about there then.

they had a legit reason to hold your data then in-case there was a claim made for hire car costs, as you'll see here thats quite a common scam that goes on now, . 

 

so they got hacked, and have, quite rightly told you so.

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I created an account specifically to reply to this thread. 

 

I received a text message from AX informing me of a data breach. 

 

What was leaked for me was:

Claim Reference,

Name,

Address,

Telephone number,

Email Address,

Insurer details,

Vehicle make and model,

Accident details,

Repairer details and limited details in respect of the thirdparty driver. 

 

In your case, your the 3rd party. (your information was passed across by your insurance company) which is in your insurance contract. 

 

 

I've contacted xxxxxx. who are starting a claim for me as a GDPR breach to this level is really bad and carry legal (and settlement) figures. 

 

Just advice, your data has been mis handled. 

Do something about it. 

 

Just Google data breach, you'll find allot of companies. 

 

Hope this helped. 

Regards

David

Link to post
Share on other sites

So far I have submitted a SAR request, They have acknowledged receiving it today, Will wait for that to come back and go from there 

Link to post
Share on other sites

I have a feeling that data breaches are on the increase.  Companies harvest so much data, that they have difficulty controlling it.

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

 

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

Link to post
Share on other sites

Despite the apparent strictness of the GDPR’s data retention periods, there are no rules on storage limitation.

 

Organisations can instead set their own deadlines based on whatever grounds they see fit. The only requirement is that the organisation must document and justify why it has set the timeframe it has.

 

The decision should be based on two key factors:

the purpose for processing the data,

and any regulatory or legal requirements for retaining it.

 

As long as one of your purposes still applies, you can continue to store the data.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I have done DPA records management and the task is very difficult, because companies ask staff to ensure they comply with the legal standards required, providing them with guidance.

 

But in a large company handling a lot of data, mistakes will be made and some staff will find alsorts of non compliant ways to make their daily job easier.  There are IT system controls in place restricting where files can be saved, but  staff don't register details for each file. So they lose track of what data they have collected, purpose, storage period etc.

 

And one issue that has always troubled me, is companies storing data outside of the UK. How many people realise that their data could be stored in US, India, South Africa etc ?

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

 

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

Link to post
Share on other sites

Well, on the back of this I put a bad review of AX on Trustpilot which firstly resulted in a phone call from AX telling me they held no payment details for me at all in their data and also they tried to get the review removed 

So I sent a copy of the letter AX sent me and now my review is verified

 

I await my SAR  

Link to post
Share on other sites

I think companies should be required to register a record for every person they hold any data for.  And then people could check on a central database which companies hold their data and send SAR's.

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

 

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...