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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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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      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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CCAd 1st Credit on 5/07/07 re Barclaycard which they have bought. Recived some copy statements (not very detailed) yesterday. They rang today saying that they had a copy of the cca but said the following. In order for the admin dept to send it to me they want a copy of my passport or drivng licence for id and signature reasons. Apparently this is to comply with the Data Protection act. The operator couldnt explain why the statements were not under these rules as well. I am very sceptical about their reasoning and request can somebody please advise. When I made the CCA request I used a different signature ie initals not first name just in case. Following their arguement if they do not think i am who i say i am they cant enforce the debt against me can they!

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I would not send them anything - it is up to them to comply - I had the same thing with goldfish and I replied with a copy of the statements they had been sending me every month ???? They are adamant that they want my signature but they aint getting it - will report them to TS if necessary

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Don't send them a copy of anything especially your signature.

 

You don't have to comply with the Data Protection Act....they do!

 

Chances are they don't have a copy of the CCA right now, but rest assured they will have if you send your signature....seems as if they've learned to cut & paste!

 

BTW, from now on....do not speak to them on the 'phone. Everything must be in writing!

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A Data Controller is entitled to verify the identity of an individual making a subject access request. Some of the banks have used this as a delaying tactic for some time.

 

HSBC demanded a signature from me; I had to go to a branch to sign on the back of a form in front of one of their staff. I crossed through the signature as soon as the woman had signed to say she'd witnessed it, and billed them a tenner for turning up.

 

My OH SARd First Direct, who also demanded her driving licence or passport. When she said no, they rang and asked her to go through security questions, which she did - her statements then arrived. She wrote to complain that they hadn't complied fully, and they replied saying that when they called her, it was only so they could send her statements - for anything else they required a signature! A quick LBA put paid to their games, but it's clear that some will use the rules for their own purposes.

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You could send your signature with a line drawn through it - then they can see your signature, but scanning it would be useless because of the line.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Good idea - perhaps best to state that you are prepared to go into a local office.

 

There really is no need for them to see your signature.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi,

You could do this.

Write out what you want to send. PM me and I will fit it into the document with the grey box.

Once you print it out sign with a very light blue, green or red pen. Never sign with black.

Touch the paper lightly when signing as well.

Then put a thick line of black through it.

The reason you sign with those odd colours is they are hard for scanners to pick up against the grey background.

 

Another idea is to put hatching on the grey box. I'll do that some other time.

 

I believe they don't have your CCA and would recommend sending nothing or sending your signature but as described in the signature thread here .

Legally if you identify it's you sending the letters it constitutes a valid signature.

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As Nitrous pointed there is nothing wrong with signing in multiple colour/styles.

 

Personally I use a printed line to sign on.

something like this works a treat: #__________*__________#

Then simply sign over the top of it.

This makes photoshop specials very difficult.

Be VERY careful whose advice you listen too

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I sent a scan of my driving licence with "COPY COPY COPY" through it in thick multi-coloured lettering at 45 degrees. Call me paranoid if you must...

  • 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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Today I recived a threatening letter from this dca. On phone told them to stop as account was in dispute. The operator said they cant stop letters going out. She said they are still waiting for a copy of licence for signature but they have definately got the agreement. I said no, for ID theft reasons I rang ICO who said they can ask but not specific about documents but said CCA act 1974 takes preference. I am wary because they seem happy to discuss matter on phone after security questions. Having dealt with DCAs if they had an agreement and I am ringing them up surely the pound signs would be flashing and the Data protection Act would be the last thing on their mind. Can anybody advise.

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Today I recived a threatening letter from this dca. On phone told them to stop as account was in dispute. The operator said they cant stop letters going out. She said they are still waiting for a copy of licence for signature but they have definately got the agreement. I said no, for ID theft reasons I rang Information Commissioners Office who said they can ask but not specific about documents but said CCA act 1974 takes preference. I am wary because they seem happy to discuss matter on phone after security questions. Having dealt with DCAs if they had an agreement and I am ringing them up surely the pound signs would be flashing and the Data protection Act would be the last thing on their mind. Can anybody advise.

If they had it they would send it.

They want you to pay, so it's in their interest to send it quickly.

They haven't got it me thinks :)

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I agree so I am going to write and claim ID risks because even IOC couldnt say everything is 100% safe. I might offer to collect from head office or similar. I need to cover myself and look reasonable it might be the case that they have an application or something. They have in fact to make this request in writing and in any event should have informed me of their policy prior to 30 days time limit for CCA purposes. As I said earlier I just feel that if they were certain of their position they would be pursuing the debt a lot harder.

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