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Neo

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  1. Neo

    DPA/Contract query?

    This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 08 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. Neo

    Question about Prelim

    This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  7. Neo

    Advice Needed Please

    This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  8. Neo

    Court Question

    This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  9. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  10. Neo

    Information

    This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  11. Neo

    Jargon/Terminology

    This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  12. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  13. Hi, Need some advice here who I should be chasing here. The facts; I purchased an ASUS Wifi Router for £90 in November 2012, from Amazon. It turns out it was a Marketplace Seller 'Fulfilled by Amazon'. I still paid Amazon, but the marketplace seller sent it to me. The product was advertised to come with a 3 year Warranty. It failed a week ago, and I have spoken to ASUS, who tell me Amazon should cover the warranty. I spoke to Amazon, and they say that they would cover the warranty, if i bought it direct from Amazon, so they tell me I should goto the Marketplace Seller. The Marketplace Seller is denying providing returns or repairs for anything more than 90 days. Frankly, Amazon customer services are rubbish when it's anything more than a basic task, and i can't manage to get through to anyone in the UK. Advice please on who Io should chase for my warranty claim...
  14. Really appreciate this... it's exactly what I needed. I will get typing. Thanks again, and I will keep you all updated. thanks
  15. Thanks for all the replies guys. I haven't been able to scan in the long reply from POPLA, but it pretty much tells me the basic stuff as I already knew they would come back with.. I've already told them that I didn't park there and that I couldn't have read the board with all their terms and conditions on while I was sat on the main road as it's not a main road that you'd be allowed to stop on. I understand that they can only claim their actual loss in court, but what I am concerned about reading is that they seem to have won a number of cases in court as detailed in the below site. http://www.parkingeye.co.uk/motorist-information/parkingeye-win-over-90-of-county-court-hearings/ Do we have any suggestions of what i can write back to them? I am currently waiting for their next letter after the POPLA letter saying I have lost. So it seems i should either go down the route of offering them a full and final settlement of 1 hours parking, or go down the Equalities Act.... only problem is, I have no idea of how to word the latter... Any help would be appreciated..
  16. In the POPLA appeal I stated that i would be happy to pay the 1 hour charge, but they didn't refer to that. Yes I'm registered disabled, I scanned in my blue badge and other ID to both ParkingEye and POPLA, but they didn't really take much notice. There is no 'free' disabled tariff from the looks of it. The car park is literally a big square of land with no markings, etc.
  17. Hi Guys, To cut a long story short.. I waited in a car park just outside of city centre one evening for '11 minutes' as told by ParkingEye. For a number of reasons, I decided not to leave my car there. There were a number of reasons, which included the appalling state of the car park (I'm disabled, so use crouches to walk slowly), not even sure how much the car park was as it was getting dark, etc. It was an ANPR, so they sent me through a £100 charge. I wrote back, they told me to appeal to POPLA, so i did, and now I have lost that. The main argument is that I parked/waited on the private land and did not adhere to the car park's terms and conditions. The entrance to the car park is directly off main road (where the large signs with all the terms and conditions are, and there are a lot), so there is no way it is even feasible to wait on the main road while I read them - anyway, that's besides the point. I was hoping one of you guys could validate my next steps please.. My understanding is that they can only claim for any loss, so I am probably going to send them a cheque for the minimum 1 hour parking (it's £5.20 or something) for their loss. Is there anything else I should do?
  18. Someone correct me if I am wrong but based on what i am thinking, and I will discuss below, there is no way out for a landlord if he tries to register a deposit after the tenenacy and before the court date - i.e. no 'get out of jail' card assuming the argument is presented in court correctly. Ok, first of all, s.214(2) of the Housing Act 2004, states: "Subsections (3) and (4) apply if on such an application the court— (a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or.." In particular, "is satisfied that those requirements have not... been complied with..." is very important. I believe this line is referring to the requirements in s.213(1)(a)&(b), which states: "(a) that the initial requirements of an authorised scheme (see section 213(4)) have not, or section 213(6)(a) has not, been complied with in relation to the deposit; or (b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme." In summary, s.214(2)(a) says that for the 3 x deposit compensation rule to apply, then the court must be satisfied that the requirements, i.e. s.213(4) - "For the purposes of this section “the initial requirements” of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit." ) have not been adhered to, which they haven't because they never used a DPS or informed the tenant within 14 days from when they 'received such a deposit'. I'm not a legal expert, but this is what I believe will stop the landlord being able to use his/her so called 'get out of jail' card. Opinions on this much appreciated. Neo
  19. I agree... Do you know if the court will award the mandatory compensation award to the Tenant based solely on the fact that the landlord didn't provid ethe tenant with the information within the 14 days? In fact if the landlord never provided the information? He couldn't because he never protected it. I am annoyed that there is a get out of jail card. Finding a solicitor to help with the Housing Act is impossible!
  20. lefont, great read. I hope things re going well. I am in a similar situation. Is there any chance we can see your particulars of claim? Also, is it only me, but I have moved out of my rented flat and same old story - landlord said it needed cleaning. So I checked things out and tried to contest it only to find they hadn't protected the deposit. I have sent an LBA giving 14 days. All this talk about the landlord protecting the deposit after the tenancy and before the application date/court case is rubbish is it not? If i can get proof in writing - which will be here in the next 2 days, from all three Deposit Protection Schemes that it was not lodged with them, then this means it was impossible that the landlord could even provide me with the prescribed infromation in the 14 days he/she should have done by law, which is a closed case for the compensation claim? Thanks, Neo
  21. I am not 100% sure but even though it's a joint account I bet you are the "hidden" main account holder. It looks like your other half will have 0's no matter what happens, but you will get the stick for anything negative. Speak to the data controller straight away about this..
  22. Well i agree and that was my main argument, but as soon as I got in there he would not accept it. I said about 4 times that when a contract is terminated then surely all the rights that I gave end too, but the judge would have none of it. The judge did say that if I could provide case law then things might of been different and from what Surluybonds has said, he has dug some up... What I don't understand is why their solicitor was kind enough to tell me after the hearing, that Egg could not find the Default Notice and hinted that may help following that route... which I will now. Can anyone point me to a post which deals with what happens when a company can not supply a default agreement...?
  23. Ol, just got back from Birmingham County Court. Case dismissed. Hmm. The judge had no idea about what the data protection was.. Hi smain two points were; 1. He did not agree that termination of a contract, meant all permission to process and store information was nullified. 2. He did not agree that Section 10 of the DPA where it refers to "processing" meant storing... He would not even accept that Egg were the data controller and said I should of taken the CRA agency to court instead of Egg?? After the hearing, I did speak to the solicitor representing Ehh, very nice lady. She let it slip that Egg could not find the feault notice that was (apparently) sent out to me. Interesting. I think she fancied me...
  24. Do you know where I can find this ICO report? Thanks
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