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    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
    • urm.. i seem to recall another assault case whereby the approved bailiff company claimed the body camera was nor theirs but a pers one of the bailiff, i think they got in serious trouble for it. i believe that breaks certain gov't approval for a bailiff company/firm regulations/laws  if memory serves me right?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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richardc
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Just had an interesting conversation with the "help" desk. Asked them for copies of all previous statements. Asked for £5 per sheet. Quoted DPA - no I was wrong DPA now amended - there is now no maximum charge they can charge what they like :evil:

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Have checked ICs site urlhttp://www.ico.gov.uk/eventual.aspx?pg=SR&cID=678

 

You should receive a reply to your access request within 40 days. The record holder may ask you to send a fee. This is normally £10, but different fees apply to health and educational records.

 

Once you have provided the fee (if required), proof of your ID and any information needed to locate the information, the record holder must comply with your request. This should normally be done by providing you with a copy of the information held.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Have spoken to them again. "help" desk operator would not put me through to management but consulted while I hung on. Their line is that they are obliged to pass on contents of their file on me but statements are not part of that file and they therefor can charge £10 each.

 

Suggestions?

 

This sounds like a new line

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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refer them to durant - make a Data Protection Act request and then complain to the Information Commissioner

 

Ask them if they will confirm their refusal to a DPA request in writing straightaway so that you can begin an immediate complaint to the Information Commissioner

 

 

 

 

I would also say that it would be entirely possible to imply a term into the contract that they will comply with reasonable and lawful requests such as a DPA request. Failure to carry out a DPA disclosure is potentially a breach of contract.

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Dave found this on another forum:-

 

per homer_j

 

I have just had a phone call from the Yorkshire Bank Data Protection Advisor and he has backed up phone call that I cannot claim my bank statements through a DSA and that there was a meeting in DEC05 between the ICO and several banks, which gained clarification to this matter. The ICO were adament that bank statements were not covered under the DSA.

 

So just called the ICO and they have confirmed the following:

 

 

No further guidance on this has been issued following the durant vs fsa case. What may be the issue is that we are asking for bank statement copies. He recommended that we be more specific to requesting the list of transactions and charges as these are certainly covered.

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Thanks for all the above - certainly clarifies the issue. But how odd that they forgot to mention that transactions and charges are covered.

 

Will open new thread when I start my claim against them - but they've really annoyed me on a couple of isues recently

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 13 years later...

This topic was closed on 03/05/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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