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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Phone call recorded by shop and used on online blog without my approval


axil23
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I bought my wife jewellery which after using a few times she did not like. Now this product is very hard to come by and has a long waiting list. I only got it as I am regular with them and spend a decent amount of money on their brand. A friend suggested I sell it to a shop that sells used stuff like this. 

 

I called them up and asked them if they wanted to buy it and what the procedure was. Was happy with that and completed the sale. 

 

Got a phone call from the shop that sold it to me as they found out I had sold the stuff. Only just found out today that this particular shop has a YouTube channel where they showcase the stuff they have and one of their videos has the phone call mentioned above. They never informed me they were recording it or using it for their YouTube. 

 

They haven't shared any information but they used the telephone call without editing and the manager who sold me the product recognised me. 

 

I have lost a 10 year relationship that I built over the years. The second hand shop refuses to take down the video of my phone call.

 

Obviously the damage has been done but I am very angry at the shop for using my telephone call for their sales videos without my consent.

 

What can I do? 

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i doubt anything.

 

you would have somewhere agreed to it in their t&c's i would guess.?

 

 

 

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... 

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I didn’t sign anything! 
 

Thought a business had to tell you if they were recording the phone call?

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you don't have to sign anything if you trade, you agree to their T&C's by trading with them.

go check them.

 

a business nor you has to inform anyone they are recording a call as long as they don't reveal pers details to third parties without express consent as far as i'm aware.

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... 

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have they named you?
 

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... 

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well each would have some pers info i expect or as you say, enough 'unique' info to add 2+2 but thats not in the public domain ... as i say i don't think they've done anything wrong..see what others think....

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... 

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Hi

 

I do agree to a cetain extent with dx100uk but you need to remember that if they recorded the call that is then classed as DATA and if they have used that recording of that DATA on there youtube video without your express permission (which I doubt you gave by telephone but did you sign anything when you sold these items at that shop and what does its terms and conditions say?).

 

This does not stop you enforcing your Right to Erasure under the General Data Protection Act (GDPR) Article 17 and asking them to erase that Data from not only there business but there Youtube Channel as well you need to write to them to enforce this.

 

Look at this ICO link: 

 

ICO.ORG.UK

The GDPR introduces a right for individuals to have personal data erased. The right to erasure is also known as ‘the right to be forgotten’.

 

 

Look at this link on you GDPR Rights:

 

WWW.PRIVACY-REGULATION.EU

Article 17 - Right to erasure ('right to be forgotten') - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with...

 

 

 

 

 

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i don't believe you can simply demand the 'right to erasure' just because 'you don't like' what happened with your data, there has to be a valid reason...i'e something was done with the 'data' that you did not, and this might have happened by 'default', agreed too. 

 

it's a bit like stuff here on CAG, OP's reveal 'data' and latterly want it 'gone' ...but our site rules state otherwise .

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... 

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The law is very complicated but I have no doubt that if they recorded a telephone call without giving you any warning and then put it up on YouTube, that they were committing an offence under the Regulation of Investigatory Powers Act and or The Investigatory Powers Act – although don't ask me where specifically to find the provision.

If they gave you a warning then it would be an offence to use the recording outside the scope of that warning.

If either they didn't give you warning or they used it outside the scope of the warning then I'm quite confident that it could be a breach of GDPR - but I think we would have to no more about the way in which you are recognised.

If it was simply, for instance, the sound of your voice – then that might not be a data breach – unless somebody wants to argue that the sound of somebody's voice is capable of being "personal data". (If it's not yet – then I expect it will in the future.)
On the other hand, if it is because of information which it contained such as a reference to the purchase you had previously made then this could very likely be "personal data" in which case there may be a clear breach of GDPR.

 

I think it's quite natural to feel distressed about publication to which one had not consented, of an audio track .  I think it's also very natural to be distressed that a 10 year working relationship has been damaged by disclosure of the contents of that conversation. I think it's also very distressing to make a request that the publication be removed and for that to be refused.

Please can you tell us more about the identifier in the conversation

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In fact from a very cursory scan of some Internet sources, I can see that it has already happened. Voice recording is an example of biometric data. It is personal data and is protected

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I suppose it is because the person could be identified as someone might recognise the voice.

 

Another point concerns payment for the marketing work that has been provided.  If the terms and conditions of the shop do not allow for phone calls to be used for commercial purposes,  then I would think you could argue about the value of the work.

 

How much would be a reasonable fee for this work ?

 

Youtube could be contacted, raising a dispute with them that consent was not provided to use the phone call.

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I think if you started talking about fees for the work then you would have to start talking about implied contracts – and that would imply consent which would run counter to the idea that this was unauthorised publication.

I think there's much more value in claiming under GDPR for distress.

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This piece of jewellery is not available anywhere and was the first of its kind in my area. I specified the colour and what it was on the phone call. When I met them at their shop I asked them to keep it quiet as I didn’t want anyone to know I was selling it. They agreed. 
 

I called him on his private mobile number where the phone call was recorded by video camera. 
 

The company must have seen the video, the specifics of the product mentioned and heard my voice. 

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And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

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I just found out yesterday. It was put up on the 6th of June. 

 

I have tried calling them a few times but the owner knows my mobile number is not answering the calls. I sent him a text to explain and he hasn't replied. 

 

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You haven't addressed the questions I've put. Very difficult to help when you won't actually deal with the questions

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4 hours ago, BankFodder said:

And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

First put up - 6th of June

Sending them a request today as I only found out yesterday. 

 

Rather not say the name of the shop yet as its a independent trader and I want to give them the opportunity to make things right. Will send them a SAR

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