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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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Injury Claim Against Local Council Through Zurich - Scotland


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ok well dont do it then simple!

 

it cant hurt you nor influence or prejudice your position or what happens going forward.

 

you came here for advice, questioning why that advice is being given, can sometime be seen as being obstructive when there is no real need for it.

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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'm just asking for clarification on your advice! Is there something wrong with that? You recommended I do something. I'm just asking WHY!

 

I have asked three times already, and I know you guys are busy and are doing this for free but don't accuse me of "being obstructive" - whatever that means.

 

I'm acting on behalf of my mum, so when I instruct her to do this or that it would help if I knew what the purpose of what I was asking her to do was.

 

I'm not paying for a solicitor here. I'm asking for free advice on the internet. If you can't offer that without getting a bag on with me then I think I'll just take it from here and reply to Zurich and if it ends up with no pay out then so be it. I really can't be bothered with all these letters going back and forward anymore, especially when I'm not here most of the time to deal with it. 

 

Thank you for the help.

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you don't need a sols.

 

to date have you made any contact with the council or anyone (bar the FOI) complaining to them or alerting them they have 'incoming' regarding an injury claim?

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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good. so on balance there must be some internal council communications that must concern her and her personal data/discussions/email data held by the council about her...and i bet you don't have it = SAR....gedit yet!

 

what if something said, yes we knew about this path in year so not surprising we've had a claim...an FOI won't tell you that.

 

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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Yes I gedit now. But I'm not a lawyer, so unless someone explains this to me then I won't gedit, will I.

 

I'm acting as a solicitor for my mum, so when I tell her to do something I have to explain to her why I'm telling her to do that. 

 

It would help me if she read the letters coming in while I'm not here, like the one asking her for ID.. 

 

The letter is asking her to confirm which Service she is requesting information from and provide a timescale. Should I say anything within the past 2 years, or just leave the request as it is?

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Just send it as is

If you express a focus in one direction they might limit its scope

you could however aid them by indicating your request has nothing to do with council tax data so do not require such . (Assuming they are the same council as her ctax?)

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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As i said then..regarding time.. They only have 30days regardless

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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  • 1 month later...
  • 3 weeks later...

Hi

 

As the 30 Calendar Days have expired I would write to the Council and explain that they are now in breach of your Subject Access Request due to their failure to comply within the legally stated Time Lime of 30 Calendar Days and have neither agreed an extension to that Time Limit with myself.

 

Therefore you require Clarification from the Councils Data Protection Officer why they have failed  in this Time Limit otherwise this will be reported to the Information Commissioners Office as a Failure to Comply with a Subject Access Request.

 

Link of Interest: 

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks.

 

I will do that.

 

I just drafted a letter on behalf of my mum - who is in a lot of pain and waiting for an appointment for assessment for a knee cap replacement.

 

If only I was on the bar I could probably make a living doing this, because I can write letters.

 

Should I?

 

- before I send this letter

- or wait 

- or should I include this failure to respond in the letter?

 

Many thanks.

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So as it turns out the council did send the SAR in time to my mum! It's just she doesn't check her email - it was sent about a month ago. Not much in there - no internal memos about the insurance claim which seems weird since you'd think there should be?

 

I had a look at the FOI about the graveyard and asides from there being no mention of anything to do with inspecting or maintaining the paths, the letter that came with it includes several paragraphs of legalese explaining why they couldn't include any information about any complaints that had been made - to protect the identity of the complainers. Why can't they just redact that information?

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  • 3 months later...
Posted (edited)

Thanks Honey.

 

So I replied to Zurich about 4 months ago with all the information they requested and no reply. I chased them up and they have written back today saying "we are awaiting our clients reports to investigate liability and provide a formal response upon conclusion." 

 

I've already written to the council a couple of weeks past asking them to pull their finger out on that and so far..... still crickets.

 

Just wondered if any of you guys had any pearls of wisdom to offer on the current developments?

 

Additionally - I have already just recently reported a very serious safety hazard on the roads around here - a badly fitted man hole cover on a grass verge that appears to be getting nudged off one edge by passing HGVs probably - so anyone who happens to be walking along there thinking the slabs beneath their feet are solid could have a very nasty surprise with potentially life changing injuries! 

 

Not much footfall that way but it's on the way to a place where they hold festivals so at certain times you could get a lot of folk walking that way, so I marked this as urgent. So far they have replied but no action. I would have thought a barrier and some signs would be in order while the relevant contractors are booked in at the very least, but apparently not a priority for this council.

 

Don't know if this gives my mum's claim any traction? I noticed this when I was out walking and reported it purely out of concern for safety and not to help my Mum's claim, however if it does then winner winner chicken dinner..

Edited by whiteadder
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  • 2 months later...

So Zurich are requesting my mother signs a mandate giving them access to her health records - which I thought we had already given I’m not sure can’t remember now. 

 

First a copy with no form at the end of some 4 page statement, then a copy I can’t edit and send back digitally. Still waiting for a reply asking for write permission.

 

Anyway, I figured out how to get round that with my photoshop skills; Just wanted to run this by here in case anyone has any ideas. I think they just want to know about how my mother’s injuries have healed or not for their final assessment?

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Hi

 

Whatever you do even after signing that Mandate for them to have access to her health records and sending it back you need to contact/write to her GP and ask that anything that is to be sent to Zurich you are advised about and exactly what the GP is forwarding. (you are entitled to ask this as it is her personal medical information) and you require this on record.

 

Make sure you have a letter from your mum giving you permission to act on her behalf to send to her GP as well.

 

Remember Zurich are working for the Council not your Mum and will be trying there best to minimize any costs with any claim against the council.

 

Have you had any update from the council on your Subject Access Request? Post#37 - 40 since they failed to respond within the set time limit and did you contact them and inform them of that failure?

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How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Posted (edited)

I think the situation that unfolded there with the council failing to respond within the set time limit was more to do with my Mum not checking her emails properly - I have now taken over the paperwork for this so all emails are coming to me now.

 

So I now have to write to my Mum’s GP about this - and they will be happy to write to me informing me of what information Zurich are requesting - and I then give my consent to that? Or they just inform me of what information they have provided?

 

Will her GP be happy to do this for free also? Of course they are busy doing their job treating patients (at least some of them used to do that anyway prior to 2020) - I know from experience that if you want a letter from them for your work they sometimes ask for a fee. 

 

I guess also if I’m going to do this then the address on the mandate must be direct to her GP also?

Edited by dx100uk
unnecessary previous post quote removed
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The way it usually works is that your mum authorises her GP to disclose her medical records to Zurich. It's then Zurich's responsibility to contact her GP and ask for them. If the GP makes a charge for this they charge Zurich. Zurich can't pass the charge on to your mum, they have to pay it as part of their own claims handling costs.

 

In my experience, when I've been involved in access to medical records in other contexts, your mother shouldn't need to approach her GP at all. Zurich should give her a mandate form to sign and return to Zurich. Zurich then send that to her GP with their request for the medical records.

 

EDIT Should add that my experience of how this works is in England. Don't know if it's different in Scotland.

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Thanks for the advice. I’m just going to send this form in to them without requesting anything from her GP - or her requesting this. This is what she wants - I’ve tried to explain to her that this means Zurich then have access to all her records and that it’s better at least that she knows what records they’ve been given access to and she should just request this anyway but she’s not listening so what can I do.

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