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    • Great thanks! I have refined it -    ‘Dear Prosecutions Manager,   I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff.  I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare. I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice. I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since. I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions. I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.. I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’
    • Hopefully this has done it, thank you for your help 2021_05_14 20_18 Office Lens-merged.pdf
    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
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    • 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.
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No reply to SAR after 40 days? what happens next?


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I have sent a SAR to vodafone as they have unfairly issued me with a Default on my credit file and i wish to find evidence in my history records with vodafone to prove this default should not be there. They have cashed my check for £10 that i sent as payment for my information, about 3 weeks ago, but i still have no response from them.

 

I would just like to know what i have to do + what exactly happens if vodafone fail to send a response to my SAR letter after 40 days. Also, is it 40 days from receiving the letter (which i sent recorded) or is it 40 days from when they cashed my cheque?

 

thanx for the help :)

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Na i very much doubt they have credited it to my account, it has been closed since 2003 now and fully paid off too.

 

thanx

 

 

edit... i have just had a read thru the S.10 DPA letter, will i have to edit this letter at all to make it usable for sending to a phone company and not a bank? To be honest, i have read thru it a couple of times and it confuses the hell out of me! could someone shed some light on it for me?

 

if vodafone fail to reply to my SAR within the 40 days, then does this give me any great advantages to having my default removed ,should the matter goto court? i am hoping that they are taking there time as they have maybe lost some or all of my records, which should give me an advantage i would imagin?

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  • 3 weeks later...

Ok, so i have just recieved a letter from vodafone today (2may), it is dated from 30 April and says the following..

 

Dear Mr.Simmons

 

REQUEST FOR DATA ACCOUNT NUMBER XXXXXXX

 

Thank you for your letter of 22 March 2007. i am happy to provide you with the information that you have requested, but note that the address for the above account is different from that on your letter. I would be grateful if you could confirm the address on the account so that i might verify you as the account holder.

 

I look foward to hearing from you.

 

--------------------------

 

 

Now, this has clearly been sent knowing that if i reply , it will be over due the 40 day period. im wondering if they are trying to catch me out and thus allowing them all the time in the world to send my details.

 

The letter they posted to me was not sent recorded delivery etc etc, just a standard letter.

 

What shall i do now? could i just 'Pretend' i never got this letter and proceed with sending the S.10 Data Protection Act letter?

 

there is an address and phone number on the letter they sent me, but i am worried that if i phone them to give my address details, there is no proof of me doing so... If i send a letter, then they will not receive it till After the 41'st day, so then they would have no time limit to get my Data..

 

Help! thanx.

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No, you're coming at it the wrong way. Forget the deadline and concentrate on getting the information. DID you have a different address as they suggested? If so they are perfectly within their rights to check, as they can fall foul of the ICO for not taking sue care in their disclosure. If you have moved, provide proof it is you at the new address and request that they submit the data required without further delay.

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ok, so shall i ring them or send a letter? can i set them a time limit for me to receive my data?? i am worried that if i say 'without further delay' , not being specific to any length of time, they could take as long as they want?!

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If you HAVE moved, you'll need to send them a letter to provide them with the authority to prove who you are and release the information. You can set a time limit, but it will be of your own and not legally enforceable. If you feel that 'without further delay' is ambiguous, 'time is of the essence' means the same thing, and has the added menace of (possible) court action.

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  • 2 weeks later...

Arrrg! sent off my letter confirming my address, over a week ago now. sent it 1st class direct to the person that requested my address details and still no reply or SAR data.

 

Its starting to feel like the initial 40days has been voided and therefore giving them unlimited time to reply! So, how much longer would you give them before sending off the S.10 DPA ??

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you need to add on to the 40 days the time between the date of their letter to you and the day they received your letter - so if that was say, a week, you need to give them 47 days from original request. After all, they had your SAR otherwise they couldn't have replied asking for proof of address, so it's just that amount of time it took to exchange two last letters.

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You need to get things in proportion. So they don't comply within the 40 days. IF they get around to it, you're receive the information. If they don;t, you complain top the ICO, who will ask them to supply the information to you. If the don't, they get a ticking off and told to be more responsive. Sure there are penalties for non compliance, but if only the ICO were as dynamic at issuing fines as the DVLA or tracking transgressors as TV Licencing, it's pointless getting your blood pressure up.

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