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    • I've used payslip, passport, driving licence, still can't identify me, everything is upto date address etc, 1 attempt left then it blocks me H
    • Thanks for the replies and sorry, as it seems I haven't communicated my question clearly. I'm not after advice about how to deal with the situation I'm in. I'm on top of that and sent a SAR to Scottish Widows the day before I sent one to the FOS. My query was around the FOS interpretation of personal data and the extent of their obligations under GDPR, hence the original title They have said that "personal data is defined as any information relating to an [...] identifiable natural person (‘data subject’)" They then define an identifiable natural person as "one who can be identified, directly or indirectly, in particular by reference to an identifier such as [...] an identification number. My view is that I have a complaint reference number, which identifies a complaint raised by me about the administration of my pension so it therefore indirectly identifies me If I'm right, then I believe that all the data related to my complaint is personal data about me, including the screen shot that purportedly establishes that I received my statements. I was hoping there might be someone with better knowledge of GDPR that can clarify whether I'm right or wrong before I react to the FOS's failure to disclose  
    • Please bear with me here i shall try and make this short but with all the detail, but i need help ASAP as there is limited time allowed for this process. I have been with my company 4 years and have advanced through the technical ranks to my current position,  we have an annual report which goes from 0-4 and for three years i have never scored lower than a 3. I was promoted to the role i am in now as an area quality assurance lead and the location was for the NE ( i live in the NW) eventually a similar role became available for another role in the NW. I asked my line manager if he minded me applying for it and he had no issues, i applied sat the multi stage interview and was given the role. My role is now classed as "at risk" of redundancy as we are moving from 4 regions to two which means they are also moving from 4 roles to two roles in my position. Two people are considered safe and myself and another at risk, my question is what is the criteria to separate safe from at risk . In the documentation received from my company it is below, i have zero issues and i know cv against cv mine wins, i was even selected by the company as a company mentor because of my experience in engineering and leadership. This is a closed group of maybe ten people and i am the only non senior executive included.    ·         Performance and Behaviour : I have zero behaviour issues, no issues with performance from my current line manager.  ·         Performance Improvement/ Disciplinary Records   : Zero disciplinary's and no performance issues, in fact my line manager on record has said I'm forthcoming ·         End Of Year Rating : Issues explained below Now my line manager was leaving the company and he did tell me "there was some politics involved with you getting that role, the city build manager and head of area build had promised it to their lead engineer (something they had no right to promise as it has to go though the process ) anyway from day 1 it became very clear that i would not be accepted for this reason within their community although i did just try to help them achieve quality and specification as that was my role. After a few weeks it became very apparent as to why the role had been promised to their man, i found issues where properties had been signed off as ready to accept subscribers when they were not ready (for bonus and stat reasons) and several quality issues i discovered which we could remedy and improve our productivity (unfortunately this would highlight that these issues had been there and not dealt with) My new head of area build (part of this trilogy of him, city build manager and lead engineer)  clearly did not want me there (for the reasons stated) but paid lip service, i had highlighted that i needed to walk off some structured with our canter of excellence counterparts ( as this was part of my role to link in with them for national issues) and he responded by saying i am not to walk them off, and that we have sufficient engineers to do that task (by saying this he could make sure that the engineers would take them round to structures that are A not the ones i have highlighted, and B would have very minor issues) This battle went back and forth over the months where i tried my best to build up the relationship with  them, my attitude was ok you have made some mistakes here, but we are all a team and even though you have hidden issues i can help you remedy them and hopefully we can do so and keep them off the radar,  but they just never did, So moving forward to October last year (2023) this is getting near to annual review time, now i had helped the company out massively by working a substantial amount of weekends and nights to fix issues, and i said i would take most of the time as TOIL ( as agreed with by my previous head of area build) this was 30 days. My current head of area build said i needed to put my leave in as it had been flagged as having a large amount. When i did input the leave (it would result in me taking all of December off) he was unhappy with me and was extremely curt in his responses as he could find nothing on the system for my TOIL , i explained the situation, my line manager would ask if i could work the hours, i would, and when i wanted leave he would authorise (we had an good working relationship, he was an excellent manager) he ended up going to HR to ask their advice and a teams call was set up with myself, head of area build and HR, it was confirmed by HR that it was a company error, when you want to input TOIL there should be a dropdown option in the leave menu and one of the options would be TOIL, this had not been setup on mine. So the company authorised the leave explaining that this should have been done and hadn't, i did say that this is the way it had always been and pretty much everyone on my team then operated this way, TOIL had never been discussed and none of had this option available. So i entered my leave from 4th December - 2nd January,  My line manager was an outside contractor and was leaving the company on the 15th December. On my return i found that we had a new head of area build, it would be a temporary position as they were not going to fill the position permanently and he would be covering his role (Scotland) and this role (NW). I contacted him to say that i had not received my end of year report yet and when would this happen as i had not sat with my line manager tor mine. A little over a week later my HoAB and i had a teams call, it was a introduction meeting and end of year report, he said that he had received feedback from the outgoing manager and he had given me a 2 (i have as explained before never scored lower than a 3) he asked hoe long i had been in the current role (just over a year) as this grade can mean you are new to the role and need a little supervision, haven't built up relationships with stakeholders etc. So he explained what my grade and bonus would be and if i had any feedback, i explained that this was unfair, i had proof that i had not met my targets (i say targets as there were never really any set, but going from emails and conversation we have had, and the job description) i had even created Powerpoint presentations which were very complex into how our network works from beginning to end  as there was distinct lack of knowledge here and i am a lead trainer / assessor (this btw he was extremely impressed with) He did say he had spoken to people in the centre of excellence which o believe was the head of operations, and he did look confused as to the disparity in feedback from them and the original manager that wrote my report. I contacted HR to raising my concerns that i had not sat with my line manager to go through my report,  had i had the chance to do so, i could have rebutted anything said as i had proof of my achievements even though he had set no defined targets, i could prove that i had been extremely active in identifying and remedying issues, HR did come back to me and these are their comments  1) "Your rating was submitted by your manager at the time xxx xxxxxx and he should have carried out an EOY review with you. The rating would not have been provided in this review but feedback should have been shared" [this never happened] 2)  Initial ratings where then discussed and reviewed during a calibration process (for your team) this will have included HOABs and RDs. During this session ratings can be challenged and changed. I can confirm that your rating was not changed as a result of this session and it remained at the rating that xxx submitted. 3) xxx did provide thorough feedback to xxx xxx in a handover so if not already done so it may be worth speaking with him to understand that feedback further.   4) In terms of reputation and the concern you share – ratings are not made public and are private to each individual. 5) And this first line obviously is incorrect " As far as i can see this would be the only separator they could have measured me on to separate safe from not safe, and if so the company did not follow its own procedure. My current line manager said " an error had occurred as you had not received the option to  sir with your manager for your review, and the company needs to make sure this error does not happen again) Well then they are admitting there was an issue and it needs remedying not sweeping under the carpet. All of this is documented. To remind the rating of a 2 is not a concerning grade. Please see descriptor below Generally, needs little supervision but does on occasion require direction/supervision. Does not always anticipate changes to the work environment and could adapt more quickly. May be seen as a strong performer in certain situations or by some audiences but may not perform at that level in all situations. May need some development or guidance to carry out some elements of role. May not consistently demonstrate the right behaviours. May have been on Performance Improvement during the year but has since shown strong improvement        
    • Also, what is the value of the dress and have you refunded the purchaser?
    • Simon Case was at the Covid inquiry yesterday. Finally. ‘Eat out to help out’ launched without telling official in charge, Covid inquiry hears | Covid inquiry | The Guardian WWW.THEGUARDIAN.COM Simon Case, who was responsible for Covid policy at time, calls Boris Johnson’s Downing Street the ‘worst governing ever seen’  
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SLC Cannot Supply The Original Agreement


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That's fine - whatever you say!!

 

I merely came on this saying are we sure it's a criminal offence, not civil?

I was then told there is no such thing as a civil offence - even though this is mentioned on statute. I gave excerpts from various bodies citing civil offences, but was till told there is no such thing.

Then I was told you can't be imprisoned for civil offences - and yet Prison Orders quite clearly set out treatment of civil offenders who are imprisoned.

I've been told I don't understand the law and I shouldn't be arguing about things I don't know about. I've received abusive PM's, which IMHO have no place whatsoever on a forum site.

All because I questioned posters on their opinions and asked them to prove their point - which so far, despite a lot of pointless ranting and raving, none of them have done.

It can be a criminal offence, a civil offence or offences against mankind for all I care - and I thank you Peter and others who have supported me and taken the time & trouble to try & help out on this.

The flowers would still be nice though Peter:D )

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That's fine - whatever you say!!

 

I merely came on this saying are we sure it's a criminal offence, not civil?

I was then told there is no such thing as a civil offence - even though this is mentioned on statute. I gave excerpts from various bodies citing civil offences, but was till told there is no such thing.

Then I was told you can't be imprisoned for civil offences - and yet Prison Orders quite clearly set out treatment of civil offenders who are imprisoned.

I've been told I don't understand the law and I shouldn't be arguing about things I don't know about. I've received abusive PM's, which IMHO have no place whatsoever on a forum site.

All because I questioned posters on their opinions and asked them to prove their point - which so far, despite a lot of pointless ranting and raving, none of them have done.

It can be a criminal offence, a civil offence or offences against mankind for all I care - and I thank you Peter and others who have supported me and taken the time & trouble to try & help out on this.

The flowers would still be nice though Peter:D )

 

I wish I knew who had sent you abusive PM's... totally out of order. As Peter says, debate is healthy and to be encouraged - and I most certainly won't get upset with someone for disagreeing with me! Anyone who does, must have a bit of a screw loose.

 

I would like to batten this down and will be making a few enquiries of my own; but I like Peter's latest offering which is that there are two meanings of the word "civil" depending on the context...

 

p.s. I am absolutely certain (with no shadow of a doubt) that failures under s.77/78/79 of the CCA are *criminal* matters.

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I also would like to know who sent you (LB) abusive pm's ?

 

Whoever it was, should be ashamed.

 

The whole point about the BAG/CAG is to support each other...help each other and discuss issues re: Consumer Credit Agreements.

 

Let's get back on track!!!

 

One thing that would be immensely helpful would be, to find an established case law that we can throw back at TS, the enforcers of the "Act", thereby put the pressure on for prosectution.

 

AC

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One thing that would be immensely helpful would be, to find an established case law that we can throw back at TS, the enforcers of the "Act", thereby put the pressure on for prosectution.

 

AC

 

As the offence under S78 is only triable summarily (in the Magistrate's Court) it would not create any legally binding precedent (unless there was a conviction which was appealed up to the Appeal Court). Each TS Department has its own set of criteria for deciding when to prosecute.

 

My local TS (well they were local up to a week ago anyway) are quite good about dragging the bad guys 'up the steps'. I may have a couple of S78 offences to send their way soon but it is a moot point as to whether the offence is in their area or my new authority's area or the Home Authority's area (Chester or Salford ;) ).

 

Does the offence take place where the original request was made from or where the requestor lives when the 12+30 days is up or where the creditor is based? (Let's not argue that one shall we!!)

 

Just watching the post and waiting for the clock ticking round....

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HI what abusive pm?

No don't tell me blood pressure and dodgy ticker not a good mix.

 

Any way i want to as a question.Now that the distance marketing regs are in place and up and running ,does that mean that any agreement that is picked up from a shop or from a mail shot is automatically a distance contract and not just an uncancellable agreement as per the cca 1974.

If so then most of the ones i have seen do not comply , no information regs as per the DMA and no notification of the DMA cancelation period.

 

By the way did you know that if you pick up a contract from your bank and sign it at home it is classed as a cancellable contracteven if you have not not discussed it with anybody.

 

Regards

Peter

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Hi

I sent off an email to my pal (not really he just helps sometimes) at the oft.

The question

Is or is not the offence mentioned in section 77 of the CCA 1974 criminal and if so is it possible for a member of the public to report it to the police and for them to get the CPS to prosecute.

I promise to post the response no matter what it says(Gulp)

 

Best regards

Petr

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

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If you get beaten up and the CPS decide not to prosecute for lack of evidence, there is nothing to prevent you from bringing your own private prosecution, (apart from the cost)

 

Surely you must have heard of cases such as this. Often a civil claim for damages is started at the same time, to clean out the accused to help pay for the case.

 

Easier to prove, as the level of evidence is lower in civil claims, as you know.

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HI

I think i see what you mean Stone.

Perhaps i was unclear in my orriginal post i said "is it possible for a member of the public to report it to the police and for them to get the CPS to prosecute."

 

The CPS are responsible for prossecuting all cases investigated by the police.

I am aware that cases investigated by the OFT can be pursued through different avenues but we all know thathat isn't working whichi s why the question.

 

Regards

 

Peter

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

 

This post http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-108.html#post703426 might answer some of your questions.

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Hi

Thanks Steve

I was reffering to investigations by the police as mentioned above but all information is useful and erhaps we should strat looking at alternative methods.

Best regards

Peter

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There's been a lot said about MBNA and Wescot so far on various threads and I'm just wondering if I'm at thwe end of the line now. I have a large debt (originally with MBNA) but at present, Wescot is/was doing the collecting. Wescot failed to supply a CCA so I wrote to them over a couple of weeks ago asking for my money back etc.... and the usual stuff. Stopped paying of course. No agreement, no cash. They've gone rather quiet. I've heard absolutely nothing whereas some have been told by Wescot that the debt has been passed back to MBNA. I've had no communication whatsoever. What do I do now? Sit tight and hope my money comes back or expect a nasty letter fom MBNA (which shouldn't happen as the account is indispute) but in the meantime, report Wescot to trading standards; or as a precaution, CCA MBNA but what would be the point as MBNA don't own the debt, as far as I know! All suggestions graciously accepted.

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There's been a lot said about MBNA and Wescot so far on various threads and I'm just wondering if I'm at thwe end of the line now. I have a large debt (originally with MBNA) but at present, Wescot is/was doing the collecting. Wescot failed to supply a CCA so I wrote to them over a couple of weeks ago asking for my money back etc.... and the usual stuff. Stopped paying of course. No agreement, no cash. They've gone rather quiet. I've heard absolutely nothing whereas some have been told by Wescot that the debt has been passed back to MBNA. I've had no communication whatsoever. What do I do now? Sit tight and hope my money comes back or expect a nasty letter fom MBNA (which shouldn't happen as the account is indispute) but in the meantime, report Wescot to trading standards; or as a precaution, CCA MBNA but what would be the point as MBNA don't own the debt, as far as I know! All suggestions graciously accepted.

 

Bump.

 

Any takers

 

Ian

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If you get beaten up and the CPS decide not to prosecute for lack of evidence, there is nothing to prevent you from bringing your own private prosecution, (apart from the cost)

 

Surely you must have heard of cases such as this. Often a civil claim for damages is started at the same time, to clean out the accused to help pay for the case.

 

Easier to prove, as the level of evidence is lower in civil claims, as you know.

Hi

Thing is we have all these regularatory bodies to uphold the law and protect peoples rights and when you call on the they just don't perform.

Reallly gets my goat.

 

Petr

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

 

I thought this too, and they do have to INVESTIGATE but not neccesarily prosecute.

 

My father has been a Police Officer for 30 years and said that the CPS are unlikely to take on the financial institutions as they (the CPS) are too big.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi

Thing is we have all these regularatory bodies to uphold the law and protect peoples rights and when you call on the they just don't perform.

Reallly gets my goat.

 

Petr

 

I know, but their budgets come from the companies they regulate!

 

eg, The FSA is a LTD company anyway who's 600 million pound budget comes from all the financial companies!

 

Conflict of interest?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

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un1boy vs Experian - Default removal

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I thought this too, and they do have to INVESTIGATE but not neccesarily prosecute.

 

My father has been a Police Officer for 30 years and said that the CPS are unlikely to take on the financial institutions as they (the CPS) are too big.

Hi Uni

 

Hows it hangin

 

Interesting about your dad, i new of course that the CPS decided whether to prosecute or not but i always thought the criterea was whether they had enough evidance to convict, well in this case of course since it is a summary sentance there would be no risk.

 

Makes you think what exactly the financia outlay would be in bringing a private prossecution after all you wouldn't have to supply much evidence and as i said earlier the judge should rule without the need for a trial.

How would you go about it perhaps your dad would know?

 

Regards

Peter

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Hi Uni

 

Hows it hangin

 

Interesting about your dad, i new of course that the CPS decided whether to prosecute or not but i always thought the criterea was whether they had enough evidance to convict, well in this case of course since it is a summary sentance there would be no risk.

 

Makes you think what exactly the financia outlay would be in bringing a private prossecution after all you wouldn't have to supply much evidence and as i said earlier the judge should rule without the need for a trial.

How would you go about it perhaps your dad would know?

 

Regards

Peter

 

I'm goog thanks Peter - I'll email you later to discuss provate prosecution. Need to speak with my Dad!

 

Trouble is, the Government won't want to cause probs with the banks coz they need them!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy vs Experian - Default removal

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Trouble is, the Government won't want to cause probs with the banks coz they need them!

 

And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

 

 

Exactly, time for a change, don't ya think? :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

 

Are we still talking about banks or gag.(Joking mods)

 

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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