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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Homer67
      EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

      By Homer67 · Posted

      In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
    • fkofilee
      Iva with Hanover now been passed to credit expert

      By fkofilee · Posted

      Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • jimguff
      Newton Autos in Milton Keynes - Bought a px Car to clear. Do I still have rights? they say no warranty!!

      By jimguff · Posted

      Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • AndyOrch
      Commercial business lease - Letter before Action - Negotiation not going well

      By AndyOrch · Posted

      Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • finaldj
      80k debt

      By finaldj · Posted

      I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

car2403 -v- o2 (& Wescot DCA)(Default removal)

car2403

By car2403
in Telecoms - mobile or fixed

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Blossomandebony

Blossomandebony

Posted
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Hi, Car,

 

Just skimmed through the last few pages and can't believe how O2 are still sticking to their defence! They're obviously trying to hoodwink the judge with any banal argument they can muster, it seems to me.

 

Do you know if their 'Witness,' Ian Roy, will be atending on Friday? Have they asked you to sign anything that says you accept his statement and he need not attend? If not, why not phone O2 and ask that their star witness attend in person? I'm thinking aloud here but surely you should have the right to ask the judge to question someone who has questioned your motives in such an impolite and cack handed manner? If they refuse to let him attend, might they be breaking any court rules? At the least, you could tell the court of his refusal to attend . . .

 

And anyway, what about your rights to privacy? They've invaded your blog without permission and are making all sorts of assumptions about you! Sounds bizarre.

 

Lots of luck, by the way!

 

BAE :)

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car2403

car2403

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I was thinking of summonsing the guy, but, to be honest, there's little value in that anyway, I think. I don't think they want him attending anyway - its on the small claims track, so they won't get much value back in paying his expenses to get there.

 

The Judge (whether or not its the same one as last time, fingers crossed though!) will see right through this, IMHO. If he doesn't, I'm happy to spend the 2 hours assigned for the hearing telling the Judge just how wrong his statement is.

 

I re-read and re-read it yesterday and I still can't see where their legal argument is. Some assumptions and accusations have been thrown around about me personally, but there is actually no substance whatsoever to their overall defence. Now, compare that to my claim and submissions and you'll see a whole new ball game there - remember, folks, I'm the litigant in person here and O2 are the professional legal team on (presumably!) high flying salaries.

 

If they do turn up, they'd better try to recover some of their position - if not, this will not only be very humilitating for their representative, but it could be quite damaging to their overall reputation. After all, 2,500 people have already seen this thread - how many of them are prospective/current/past customers and how will they react.

 

I may even get the local press involved, if there is no movement next week. Its all an extra string to my bow, so to speak.

 

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car2403

car2403

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The Companies Act 1985 says;

 

22].—fl) Every company shall keep accounting records which are sufficient to show and explain the company’s transactions and are such as to—

(a) disclose with reasonable accuracy, at any time, the financial

position of the company at that time, and

(b) enable the directors to ensure that any balance sheet and profit

and loss account prepared under this Part complies with the

requirements of this Act.

(2) The accounting records shall in particular contain—

(a) entries from day to day of all sums of money received and

expended by the company, and the matters in respect of which the receipt and expenditure takes place, and

(b) a record of the assets and liabilities of the company.

222.—(]) A company’s accounting records shall be kept at its registered

office or such other place as the directors think fit, and shall at all times be

open to inspection by the company’s officers.

(5) Accounting records which a company is required by section 221 to keep shall be preserved by it—

(a) in the case of a private company, for three years from the date on which they are made, and

(b) in the case of a public company, for six years from the date on

which they are made.

This is subject to any provision contained in rules made under section 411 of the Insolvency Act 1986 (company insolvency rules

 

As O2 have admitted in the DPA SAR response that they won't (or can't) supply information relating to calls made, text messages sent, etc, is that a breach of their obligations?

 

If the Court "were" to ask for the details of how the bills were made up, to prove the default of the account by substantiating the accuracy of the bills produced, and O2 weren't able to produce it, that would help my case wouldn't it?

 

I've also found this, which is where others have queried this in the past;

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/123884-r-subject-access-request.html

 

As you can tell, I'm preparing for this hearing in such minute detail :p

 

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car2403

car2403

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The crux of O2's defence is that I consented to the sharing of my data with third parties. They claim that, having placed the order by phone, the terms and conditions were dispatched with the delivery. I then had 14 days in which to cancel, under distance selling regulations. I didn't cancel the agreement, so they also claim that I must to be taken to have agreed (therefore consented to sharing my data) with them.

 

The Information Commissioners Office's guidance on the Data Protection Act 1998, states;

 

3.1.5 Consent

 

One of the conditions for processing is that the data subject has given his consent to the processing.

 

The Commissioner’s view is that consent is not particularly easy to achieve and that data controllers should consider other conditions in Schedule 2 (and Schedule 3 if processing sensitive personal data) before looking at consent,. No condition carries greater weight than any other. All the conditions provide an equally valid basis for processing. Merely because consent is the first condition to appear in both Schedules 2 and 3,does not mean that data controllers should consider consent first.

 

Consent is not defined in the Act. The existence or validity of consent will need to be assessed in the light of the facts. To assist in understanding what may or may not amount to consent in any particular case it is helpful to refer back to the Directive. This defines "the data subject’s consent" as:-

 

"…any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed".

 

The fact that the data subject must "signify" his agreement means that there must be some active communication between the parties. A data subject may "signify" agreement other than in writing. Data controllers cannot infer consent from non- response to a communication, for example from a customer’s failure to return or respond to a leaflet.

 

The adequacy of any consent or purported consent must be evaluated. For example, consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.

 

Where a data subject does not signify his agreement to personal data relating to him being processed, but is given an opportunity to object to such processing, although this does not amount to consent for the purposes of the Act, it may provide the data controller with the basis to rely upon another Schedule 2 condition, for example, the legitimate interests condition, provided that the data subject is given the right to object before the data are obtained.

 

Consent must be appropriate to the particular circumstances. For example, if the processing is intended to continue after the end of a trading relationship then the consent should cover those circumstances. However, it must be recognised that even when consent has been given it will not necessarily endure forever. While in most cases consent will endure for as long as the processing to which it relates continues, data controllers should recognise that, depending upon the nature of the consent given and the circumstances of the processing, the individual may be able to withdraw consent.

 

What does this mean for me? O2 cannot infer consent/agreement to these terms by "non-communication". However, they may be able to use this to "legitimately process" my data under schedule 2 of the Act, despite my lack of consent. They can only do so, though, if they offered me the option of objecting prior to the processing taking place - as they didn't discuss the T&C's and/or them processing/sharing my data prior to receiving the phone, I wasn't given that opportunity.

 

I didn't consent to the processing, then...

Edited by car2403

 

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car2403

car2403

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That's a shame, would have popped in on the way to s. gosforth if it had been in toon!

 

All the gory details will appear here anyway, so nothing missed there marra! ;)

 

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car2403

car2403

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I'm now in receipt of O2's skeleton argument for both cases (mine and my OH's)

 

There's no need to post them up, as they don't state anything new nor does it resolve some of the inconsistencies I've already pointed out on this thread.

 

Friday here we come then...

 

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car2403

car2403

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Their witness statements and exhibits should have been received by 16 May - they arrived on 24 May. Their skeleton argument should have been received yesterday - it arrived by email yesterday morning.

 

I have proof my statement/exhibits and skeleton were all received on 15 May.

 

I would bring this up on Friday, but I don't want the Judge adjourning the hearing because they haven't complied with directions, so I may not. This can't drag on for any longer.

 

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Penfold92

Penfold92

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Posted

Yup, good luck, but you know your case inside out and in this particular case I would definately not want to be the duty sol turning up on this one...

 

Hope you get a nice judge!

 

Prabs

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car2403

car2403

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Thanks all.

 

Actually, Penfold, the solicitor that is coming is the same one that turned up last time - even the blinking hearing has been arranged around her travel plans! She was really nice last time - almost to the point of agreeing with my case, while staying profressional about it - so can't see that changing this time. Just hope the Judge is the same or, or as nice, on this occassion.

 

Despite this amount of understanding and preparation, I still can't help being a little nervous - and that's despite my "previous" Court appearances to boot!

 

I'm not sure what it is, but my subconscious has obviously been working overtime on this, so I do think I'm fully prepared.

 

I may not be able to post an update here until late tonight, or early tomorrow morning. It's not because I'll be out celebrating, (or it may be, if I win!) but I do have plans for the whole day that mean no internet access. I know you're going to be chewing your arms off waiting for the update, so I wanted to set some expectations first.

 

:p

 

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Penfold92

Penfold92

Posted
Posted

The nerveousness is good and you know your case best so let them try to squirm out of it and just stick to the points of Law and you'll do yourself proud!

 

Over for weekend too so will check up on Sunday night

 

Prabs

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car2403

car2403

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Ok, the update is, I can't give an update!

 

I really, REALLY need someone from CAG to contact me before posting more - for why I can't say. If someone (not sure if that's a site helper, moderator, admin or whatever) can PM me, I can give a detailed update of this morning of what I would like to see happen going forward.

 

Putting it bluntly, without the support of CAG, this won't progress on from here.

 

:o

 

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