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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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    • Man in the middle
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      By Man in the middle · Posted

      But when you perform your Stat Dec the earlier convictions will be expunged (as if they had never happened) and the sentences handed down for them are revoked. Any convictions and sentences which follow after that will occur on whatever date they are handed down and so can be appealed up to 21 days after that date.. There is simply no need for an appeal against them to be lodged at this stage. If nothing else, you do not know what you will be convicted of.   If that has what he's told you I believe he is misleading you. Magistrates are not simply waiting in court for people to turn up to make SDs. As I said earlier, most courts provide appointment dates specifically for Stat Decs and, in the areas I know about it is unusual at present to get a date shorter than three or four weeks hence. Then you really need to speak to the solicitor to find out exactly what the hearing he has arranged is for, because until you perform your stat dec your current convictions remain and the charges cannot be put to you again (so providing you with the opportunity to offer the "deal").. This is really such a straightforward matter and I don't know why the solicitor is making it appear far more complex than it is. I would never suggest you ignore his advice, but you really need to find out and understand what his advice is seeking to achieve and how it will achieve it.  
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thanks, FTMDave; I appreciate you looking into this. I'm going to draft an email to the new CEO, [email protected]. Looney got thrown out for not declaring "relationships in the workplace." 🍆 😉
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      By Tangliss · Posted

      Well, a letter of claim has arrived as predicted. Will be following dx100uk post and use your PAP reply form instead of the one they have sent. I have a couple of questions, do I send the CCA request to Cabot or to Mortimer Clarke? What should I state as the reason? I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation.  
    • FTMDave
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By FTMDave · Posted

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    • FTMDave
      MET 2 ANPR PCN's -overstay whilst EV Charging - ASDA Arla Old Dairy, South Ruislip

      By FTMDave · Posted

      Any update here? MET started a court case recently against a Cagger concerning this very site and EV charging - and then bottled it and discontinued the case before the hearing. It would be useful for others to know what happened in your case.

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

Re:SAR non-compliance action.DCA has admitted liability, paid damages, data missing

noomill060

By noomill060
in Debt Collection Agencies

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noomill060

noomill060

Posted
Posted

Sent a DCA (NCO (Europe) Ltd a S.A.R - (Subject Access Request) back in June. They failed to comply so I started small claim for compliance.

 

They admitted liabillity last week and have paid my damages claim in full.

 

They supplied call log data only, my SAR included audio files/ transcript of calls, all comms sent to and from myself, from NCO and their clients, (Paypal) and a whole bunch of other stuff.

 

Like I said , they have admitted liability to me and the Court.

 

This morning I recieved a letter saying that the call log is all the data they hold on me, but fail to explain what happend to all the letters they sent to me and my responses.

 

Oh dear.

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Paintball

Paintball

Posted
Posted
Sent a DCA (NCO (Europe) Ltd a S.A.R - (Subject Access Request) back in June. They failed to comply so I started small claim for compliance.

 

They admitted liabillity last week and have paid my damages claim in full.

 

They supplied call log data only, my S.A.R - (Subject Access Request) included audio files/ transcript of calls, all comms sent to and from myself, from NCO and their clients, (Paypal) and a whole bunch of other stuff.

 

Like I said , they have admitted liability to me and the Court.

 

This morning I recieved a letter saying that the call log is all the data they hold on me, but fail to explain what happend to all the letters they sent to me and my responses.

 

Oh dear.

 

 

Er, call me daft but what about a Bailiff equivalent for seizing info which you know they will have in their little filing cabinet/hard drive ... somewhere:rolleyes:

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noomill060

noomill060

Posted
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I suspect that a judge would want to have a word with their Data Controller, should they fail to comply with whatever order the Court makes.

 

As they have already admitted liability, legs to stand on may be in short supply.:rolleyes:

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rory32

rory32

Posted
Posted

So NCO now stands for Non Compliance Order :)

 

Well done. It'll be good to see how this one pans out.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Paintball

Paintball

Posted
Posted
I suspect that a judge would want to have a word with their Data Controller, should they fail to comply with whatever order the Court makes.

 

As they have already admitted liability, legs to stand on may be in short supply.:rolleyes:

 

Hmm yes, the Data controller is not properly executing his duties ... have him removed to tea making :shock:

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rory32

rory32

Posted
Posted

noomill what were your POC? Were they just from the template on this site or did you make any changes?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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noomill060

noomill060

Posted
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Posted

The main tweek being this-

 

9. The Applicant notes that on 21/11/06, a Royal Bank of Scotland customer was granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Act and that District Judge Forrester, sitting at Poole County Court, making the order, commented that “had the claimant been able to supply him with the name of the data controller at the Royal Bank of Scotland, that he would have added a threat of imprisonment for non-compliance.”

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rory32

rory32

Posted
Posted

No. Good, good noomill ;)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Shanks

Shanks

Posted
Posted

That's brilliant noomill :D Oh to be a fly on the wall when that one hits the desk.

 

Great stuff...

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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noomill060

noomill060

Posted
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It already has and they have waved the white flag, unfortunately for them, it's not good enough.

 

I want their heads on the spikes of the railings at Preston railway station.

 

 

"No mercy, no surrender, kill them all and take no prisoners"

 

(as Alexander the Great and Julius Caesar no doubt said at some point!)

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Brassed off

Brassed off

Posted
Posted

Noomill - subscribing......

 

FYI - went shopping in Preston a couple of weeks ago and thought I would take a look at NCO's premises and surprise, surprise, my Sat Nav couldn't find NCO - didn't recognise address or postcode;)

 

I wonder why that is then?

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noomill060

noomill060

Posted
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Posted

NCO's building is fairly recent- maybe the satnav thing hasnt been updated?

 

I know sensitive govt things covered by the Official Secrets Act dont show up on Ordnance Survey maps- the Post Office Tower or what ever they call it these days, didnt appear on maps until a few years ago and the address was a state secret!

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  • 1 month later...
noomill060

noomill060

Posted
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Posted

In court for a directions hearing with these munchkins on Thursday.

 

They have provided a response of sorts, of what they intend to rely on.

 

They admitted liability and paid up, but didnt comply in total with the requirements of my SAR.

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noomill060

noomill060

Posted
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Well that was an embarrasing episode!

 

Got to court, the court was a small room full of disgruntled and apprehensive people.

 

Judge appeared and after some waffle, sent myself and NCO's barrister off for a chinwag.

 

The barrister handed me a copy of Durant-v-FSA and told me that NCO considered that they didnt consider the data I wanted was personal data or that it would require disproportionate effort to get hold off, and that was that.

 

She confirmed that the data was held in computer format and consisted of emails from Paypal along with other peeps data so they didnt have to supply it.

 

Anyway, about 12 noon, the judge came back and NCO's barrister made an excuse to leave as she had another case going on in another court.

 

Judge asked me to sit at the front and said that as I was using Data Protection Act, the Small Claims court was not the place for it.

 

I should have gone through the County Court instead. Doh!

 

Reading s.15 it appears to be correct:

 

15 Jurisdiction and procedure

(1) The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

The judge adjourned my case to let me consider my next move, but said that unless I could provide case law to the contrary, she would have to transfer the case to the County Court in order to hear it and give judgement. I wouldnt lose my court fee, but of course in the event of losing, I would be liable for costs.

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jysmystry

jysmystry

Posted
Posted

Data Protection Act 1998 (c. 29) Part II Section 7 (9) states...

 

If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

... and the same act and section 15 (1) states...

 

The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

If the smalls claim court (which is a division of the county court in england) has stated small claims track cannot deal with DPA non-compliance then presumably the N1 must specifically state not to follow the small claims route. If not then the act suggests its the High Court which i cannot imagine going ahead for our purpose here. An appeal maybe on procedural grounds but not an initial non compliance.

 

It would be real useful to get some clarity here.

 

Anyone motivated enought to see if there is anything on here?

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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jysmystry

jysmystry

Posted
Posted

just because i like to spam this thread should clarify. You can use the Form 8 (non monetary) claim for to go through the county court or can argue the toss with the clerk to use the N1 for small claims.

 

There are references in this thread to courts who have passed judgment on a DPA non-compliance in the small claims and the last posts refers to posts in the litigation section with case reference numbers you can use to satisfy them.

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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