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    • ROFL - says a minister of the government that lets its politicians promote their agendas unchallenged and well paid on the UK's version of Russia Today translated UK deputy PM launches global push to mask their election rigging "The UK is following Russia and China on a government minister and MP led process to get paid vast sums to put our message out to the plebs unchallenged, funded via right wing billionaires, AI from foreign states, and misuse of taxpayer money.   reuters.com WWW.REUTERS.COM  
    • Yes, but the process starts here... https://ico.org.uk/make-a-complaint/data-protection-complaints/what-to-expect/ This involves making a complaint to GS first before approaching ICO. However, at the time of the complaint, I beleive we'd advise the complainant to ask for some compensation and take it from there. @FTMDave?? No, I meant this forum, The Consumer Action Group, where you're posting right now.😄 (We're in the slow process of rebranding as The National Consumer Service.)
    • And yes, they state their client is EON and that they can return the debt to EON who can either register a default or take me to court. 
    • Thank you. The npower debt was from 2019/2020 until EON took over the account late 2021.   npower had set a DCA on me even though I owed them nothing. I spoke to a customer service agent, following up by email, who confirmed I was in credit . I made a complaint to head office who sent a barrage of emails, changing the amounts each time. According to them, I owed £279.   The debt grew to what it is now as first npower and then EON subsequently failed to put a payment arrangement and direct debit in place to pay off this supposed sum and my ongoing bills.   I was very ill with Covid, struggling in lockdown with a disabled child and informed them of all this.   EON stopped their legal action when I took them to the ombudsman as this was part of my complaint and requested remedy but I have not received a notice of discontinuance.    I would like to set up my own dd to pay them off but am concerned they could still take legal action. I am on a low income and can’t afford to pay them more than a token amount each month.   
    • Thank you guys! @lookinforinfo thank you for the case, it seem to similar with my case which is gold. @Nicky Boy shouldn't be ICO?   Personal data breaches: a guide ICO.ORG.UK   For CAG I found this  The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information. This includes providing advice to us, the Health Research Authority (HRA) for research uses. It also provides advice to the Secretary of State for Health for non-research uses.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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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DPA Compensation levels?


djdave
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As you may know from reading some of my previous posts, I am in dispute with Ashbourne Management Services over a gym membership, which I legitimately cancelled after a long spell in hospital backed up by a doctor's letter saying I was medically incapable of using their client's gym.

 

This was back in 2005, since when they've been constantly sending the same old "You must pay us £285 immediately or else" letters, despite me replying to every single one re-stating my case.

 

Then in November 2006 I wrote to them saying, in effect, if you genuinely believe there's a debt then take me to court, otherwise leave me alone. It worked! Result!

 

Erm, no. I recently discovered that they'd recorded a Default on my credit file, which naturally I want remove.

 

I wrote to them requesting this, followed by a Statutory Notice to stop processing my data on the grounds that

 

- they had no consent to process my data as the agreement was cancelled, and in any case I was now withdrawing consent

 

- the data was in any case inaccurate and not up to date

 

- sharing this incorrect data was likely to cause damage and / or distress

 

I requested that they contact all persons and organisations to whom they had disclosed this incorrect data and withdraw it, then to stop processing my data.

 

I heard nothing, so wrote to remind them of their obligations to comply or to inform me why they would not comply. Again, nothing.

 

Now I've got the ICO investigating them, and if necessary will go to Court to force them to comply.

 

This incorrect and unjustified default (along with a seperate inaccurate one from our good friends at Cabot!) has stopped me changing mobile phone providers, stopped me getting a new telly when ours died, and caused me to spend a lot of time trying to resolve.

 

Now, to the matter in hand. Section 13 of the DPA allows a claim for compensation, but nowhere in the ICO guidelines does it say what an acceptable sum would be. I've had a search for similar cases but drawn a blank.

 

My priority is getting the default removed, if I can achieve that I'll be satisfied. But given the amount of grief and hassle they've caused me over the last two years I feel quite justified in going after them for some compensation.

 

Can anybody point me in the direction of similar cases, or offer some guidance what I should be asking for?

 

Many thanks

Dave

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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