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stu007

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Posts posted by stu007

  1. Hi

    In post#21 you mention another insurance policy taken out for the same car in with your details.

    Motability Insurance Provider was RSA for years but Motability has very recently changed its Insurance Provider to Direct Line.

    So all that has happened with Motability Insurance Provider is the new Insurance Provider Direct Line has updated its records to show your details for that car on its Insurance Policy.

    Post#25

    I find Motability legal teams response disgraceful to state no data breach as appointed for daughter many years ago but your details overwritten onto someone who has a similar name. Also not a data breach as you were appointee they were allowed to share your details with other organisations under T&C.

    a) This is not Maladministration at all they have miss-used your Data onto vehicle documentation and insurance policies of someone with a similar name.
    b) As appointee to your daughter they were allowed to share data with other organisations under there T&C but your appointee ended when your daughter didn't either have a motability car or you stopped being appointee.
    c) You have not given them any consent to use your data on policies/motability vehicles taken out in this unknown persons name.
    d) your name would have been added to DLVA Database for those 3 different Motability vehicles.
    e) if during the period of these Motability Cars if they have been in any accidents and claims made you will be unaware of this.
    f) the Motability cars details and insurance details with you name/data on them sent to this other unknown person at an unknown address
    e) This is to do with a Data Breach and should have been responded to by Motability Data Controller so why has Motability Legal Team not passed this to Motability Data Controller.

    Therefore Motability due to the above have not only done a Data Breach but illegally taken out insurance policies in your name and registered Motability Vehicles in your name with DVLA.

    Motability Legal Team really need a serious lesson if they think this ain't a Data Breach

    I agree formal complaint to ICO/FOS

    With the new Data Protection Act and General Data Protection Regulations 2018 you have rights to request Erasure of your Data and to also Object.

     

    These may be useful:

    Note: If you are going to use the below letters you must make sure and specifically address them FAO Motability Data Controller

    RIGHT TO ERASURE

     

                                                                                                                                                                                                                                                                                                                                                                                                               [Insert Full Name Here]

    [Insert Full Address Here]

     

    [Insert Company Name Here]

    [Insert Company Address Here]

    [Insert Date Here]

     

     

    To Whom it may Concern / Controller Officer

    Formal Right to Erasure under Article 17 General Data Protection Regulations

    I am giving your [Insert Company Name/etc] notice that under the General Data Protection Regulation (GDPR) Article 17, Recital 65 & 66: http://www.privacy-regulation.eu/en/article-17-right-to-erasure-'right-to-be-forgotten'-GDPR.htm

    I am of the opinion that I have fulfilled the requirements set out in Article 17 (1) of the GDPR.

    http://www.privacy-regulation.eu/en/article-17-right-to-erasure-'right-to-be-forgotten'-GDPR.htm

    I am now hereby requesting that your Company immediately Erase my Personal Data concerning me in accordance with Article 15 Recital 63 & 64 of GDPR. http://www.privacy-regulation.eu/en/article-15-right-of-access-by-the-data-subject-GDPR.htm

    Please erase All Personal Data concerning me as defined in Article 4 (1) of GDPR. http://www.privacy-regulation.eu/en/article-4-definitions-GDPR.htm

    Please delete the following Personal Data concerning me:

    [Insert a list here of all Personal Data you wish to be deleted]

     

     

    If I have previously given my consent to the processing of my Personal Data either according to:

    Article 6 (1) of GDPR. http://www.privacy-regulation.eu/en/article-6-lawfulness-of-processing-GDPR.htm

    Article 9 (2) of GDPR. http://www.privacy-regulation.eu/en/article-9-processing-of-special-categories-of-personal-data-GDPR.htm

    I now Fully Withdraw my Consent to the above Processing of my Personal Data.

    In addition I am also now objecting to the Processing of my Personal Data (which includes profiling) in accordance to Article 21 of GDPR.

    http://www.privacy-regulation.eu/en/article-21-right-to-object-GDPR.htm

    If you have disclosed the affected Personal Data to a Third Parties, you have to communicate my request Right to Erasure of the affected Personal Data as well as any references to the data to all recipients as per Article 19 of GDPR. http://www.privacy-regulation.eu/en/article-19-notification-obligation-regarding-rectification-or-erasure-of-personal-data-or-restriction-of-processing-GDPR.htm

    My request explicitly includes any other Services and Companies for which you are the Controller as defined by Article 4 (7) of GDPR. http://www.privacy-regulation.eu/en/article-4-definitions-GDPR.htm

    I am including the following information necessary to identify me:

     

    Full Name

    Date of Birth

    Full Address

    Email Address

    National Insurance Number, etc

    If you object to my Right to Erasure request to have to fully justify your reasons for the objection.

    As laid down in Article 12 (3) of GDPR you have to confirm the Right to erasure to me without undue delay and in any event within One Month of receipt of this request. http://www.privacy-regulation.eu/en/article-12-transparent-information-communication-and-modalities-for-the-exercise-of-the-rights-of-the-data-subject-GDPR.htm

    If you fail to acknowledge nor respond to my request without undue delay and in any event within one month of receipt I will without further correspondence report your failure to comply to the Information Commissioner's Office (ICO): https://ico.org.uk/make-a-complaint/

     

    Your Sincerely

     

    [Insert Full Name]

     

     

     

    RIGHT TO REQUEST RECTIFICATION

     

    [Insert Full Name Here]

    [Insert Full Address Here]

     

     

    [Insert Company Name Here]

    [Insert Company Address Here]

    [Insert Date Here]

     

     

    To Whom it may Concern / Controller Officer

    Formal Right to Request Rectification of Personal Data under Article 16 of General Data Protection Regulations

    I am giving your [Insert Company Name/etc) notice Requesting the Rectification of Inaccurate Personal Data concerning me under Article 16 of GDPR. http://www.privacy-regulation.eu/en/article-16-right-to-rectification-GDPR.htm

    Please make the following Rectifications to my Personal Data as follows:

    [Insert a list here of all Personal Data you wish to be Rectified]

     

    If you have disclosed the affected Personal Data to a Third Parties, you have to communicate my request Right to Rectification of the affected Personal Data as well as any references to the data to all recipients as per Article 19 of GDPR. http://www.privacy-regulation.eu/en/article-19-notification-obligation-regarding-rectification-or-erasure-of-personal-data-or-restriction-of-processing-GDPR.htm

    My request explicitly includes any other Services and Companies for which you are the Controller as defined by Article 4 (7) of GDPR. http://www.privacy-regulation.eu/en/article-4-definitions-GDPR.htm

    I am including the following information necessary to identify me:

    Full Name

    Date of Birth

    Full Address

    Email Address

    National Insurance Number, etc

    If you object to my Right to Rectification request you have to fully justify your reasons for the objection.

    As laid down in Article 12 (3) of GDPR you have to confirm the Right to Rectification to me without undue delay and in any event within One Month of receipt of this request. http://www.privacy-regulation.eu/en/article-12-transparent-information-communication-and-modalities-for-the-exercise-of-the-rights-of-the-data-subject-GDPR.htm

    If you fail to acknowledge nor respond to my request without undue delay and in any event within One Month of receipt I will without further correspondence report your failure to comply to the Information Commissioner's Office (ICO): https://ico.org.uk/make-a-complaint/

     

    Your Sincerely

     

    [Insert Full Name]

     

  2. Hi

    I have to agree with dx100uk on this matter.

    There seems to be two matters involved here.

    1. The SAR and Complaint to the ICO with the action of that Council Planning officer wanting to discuss planning complaints & at the same time the SAR and they Council has the Right to Force Entry.

    2. The Harassment over numerous year with different complaints etc although linked to above.

     

    That Council Officer has NO right of Entry whatsoever and why is he wanting to discuss your SAR when this matter should be dealt with by the Councils Data Protection Officer and they will have one.

    You need to do the following:

    1. Update the ICO of the Councils actions especially with that Council Planning Officer (which I note you have done)

    2. Formal Complaint to the Council on there failure to date to comply with a SAR and the actions of that Council Planning Officer especially stating they had the Right of Entry to discuss planning matter and SAR and why is a planning officer dealing with the SAR matter when the Councils Data Protection Officer should be dealing with this.

     

    I have to agree when it comes to a SAR there will be a lot of information that is redacted due to DPA/GDPR they are not as such protecting these individual you are on about it is that the Council legally due to law can't give you certain information with your SAR so :

    1. Certain information with your SAR maybe redacted  or

    2. They may not give you certain information but explain why you can't have that information

    I can appreciate that you want to take this to Court but also keep updating the ICO on the Councils inaction with your SAR Request and Get that Formal Complaint into the Council about the that Council Officer as well. 

    I will mention this when it comes to Councils as I am unaware if you have done this, so what you need to bear in mind is that you also use there own Policies and Procedures against them and the way to do this is by either requesting those Polices and Procedures or looking them up on their website.

    When you get what you want you need to think to yourself when you read these 'DID THEY DO THAT' if not mark/highlight that and as you go through these you build up a case to throw there own policies and procedures back at them that they haven't followed. (used this exact tactic with my own Council at the time in Scotland during over a 3 year fight and they lost big time) something to bear in mind for now and in the future.

     

     

  3. Hi

    Basically the Landlord would have to go through the Court Process for the Eviction but at the same time the Landlord may ask if there is Arrears for a Money Judgment/Money Order when applying to evict you or after you have left.

    ENGLAND.SHELTER.ORG.UK

    Most landlords need a possession order from the court before they can evict a tenant. Find out about orders the court can make

     

    • Like 1
  4. Hi

    I also think to be safe you also need to do a bit of Due Diligence on the Company that was setup by your wife just to be safe so I would advise doing a Companies House Check. Either input the Company Name or Company Registration Number to get the information. as you want to see who is actually Named as the Directors for that Company and that your name is not there as a Director.

    on the link below do the following:

    1. Click Start Now.

    2. Either enter the Companies Full Name or Registration Number

    3. Have a good read of that main webpage.

    4. Then Click on  'People' and have a good read on that to see who is a Director in case you have been added as a Director

    5. On the link have a good check through it as you should be able to download different info under ;Filing History' for the company.

    WWW.GOV.UK

    Get company information including registered address, previous company names, directors' details, accounts, annual returns and company reports, if...

     

    • Like 1
  5. Hi

    Difficult question to answer as it would all depend on the Landlord and as you are past the 1 month past the eviction date all this will be added cost to the Landlord and that Landlord then having to to take legal proceeding to action the eviction is also added cost to the Landlord which they will add to the Eviction Proceeding in Court.

    This is the reason I asked you to get it in writing whether they agree and do that is another story but something tells me they won't put that in writing.

    If you have a Protected Tenancy Deposit also have a close look at what the Landlord can claim as they may and I do say may be able to claim these via that deposit but you need to check that tenancy deposit scheme and read it closely.

     You also need to bear in mind if the Landlord has any extra cost due to this if they can't claim it back via tenancy deposit scheme they may and again I do say may take the option to make a small claim in court to claim any cost back due to the eviction. This is why I mention getting it in writing  which you have asked them for.

    This is all in the Landlords Court as to how they proceed as you need to remember that the Estate Agency are Employed by the Landlord to Act on the Landlords Behalf.

    If they do give you it in writing as I said you need to make sure you keep that letter in a very safe place for a few years to protect yourself

    • Like 1
  6. Hi

    Could you clarify a few things for me please?

    You mention you found a secret Bank Account and ISA could you clarify that these are both separate the Bank Account and ISA you found?

    The Amount of £90,000 is this for both the Bank Account and ISA or just one of them?

    The Letter with you Fathers Final Wishes has this been signed & dated and also Signed by a Witness?

  7. Hi

    Sorry to here of your issue and I hope your wish your brother all the best with this and hope his health improves at this difficult time.

    Firstly I would advise contacting Macmillan Cancer Support but they will be able to advise on different matters to do with this due to the cancer diagnosis so don't be afraid to give them a call they are there to help:

    WWW.MACMILLAN.ORG.UK

    Macmillan Cancer Support is here to listen, support you through treatment, and help with money. We fundraise so we can do whatever it takes.

     

    As for applying to Social Housing due to his present private rented property probably now unsuitable due to his diagnosis there is nothing to stop you doing this so look up every different Housing Association, Housing Trust, Council Housing in your area and ask for specifically and Medical Application Form (this is different to the normal Application Form). You need to put as many application in as possible

    Next you need to get a supporting letter from the Hospital Consultant that your Brother is under in the Hospital that his present Private Housing is unsuitable due to the numerous stair to his property due to his XXX Cancer Diagnosis and requires to be moved into a Ground Floor Level Property with X Bedrooms.

    Please bear in mind with social housing this may not happen over night even with supporting letters as its will all be down to what properties they have available and the class as suitable for his needs as there may be masses of people on there waiting lists so the better worded the supporting letter and from specifically his Hospital Consultant.

    As for his rent lowered sadly this is Private Housing and that would be for a discussion with the Landlord.

    As for Council Tax you would need to contact the Council Tax Dept for his area to ask that question as each council can operate things slightly differently

     

    I will also mention this even tough you haven't asked if he may be able to claim any benefit it would also depend on the amount of saving that he has at present but something else to consider have a chat about with Macmillan Cancer Support in the meantime here is there link on that also:

    WWW.MACMILLAN.ORG.UK

    If you have been diagnosed with cancer, you may be able to get benefits or other financial support. We have got more information about this.

     

     

     

  8. Hi

    Ah Queens Cross HA with Head Office in firhill/Gascube Road Maryhill know this lot.

    Well if they were form Housing Association the first thing they should have asked that person is to provide identification (I do this with my own Housing Association then phone them to confirm the person ID.) Never ever let them into your property or discuss anything until you confirm there Identity is correct.

    You are also correct that if this was for supposed rent issue they could have called rather than send a Housing Officer out but on the other hand the Housing Officer may have come out to see if there was an issue and I do say If there was an issue and what assistance they could offer to resolve the issue.

    If it is written into the Tenancy Agreement then the Housing Association do have a right to check with the Tenants.

    Sadly Private Renting and Social Housing Renting rules are completely different and yes you are correct on what the Landlord of Private Renting has to do but Social Housing is different.

    What they need to do is follow the Housing Associations Complaint Procedure and make a Formal Complaint in writing to them explaining what happened and for clarification that the Housing individual that came to the property on XX/XX/XXXX was one of their staff members.

  9. Hi

    Have you contacted the Council Occupational Therapy and arranged an appointment for them to come out and do an assessment on you and the property.

    This is where you can put to them all the issues you are having with the property and what you need to be done or moved to a more suitable property these are the people that can put a lot of pressure on the Housing Association to get works done so the property is more suitable for you to remain living in that property or they can tell them that they need to move you to a more suitable property.

  10. Hi

    You have made that Formal Complaint so again title a letter Formal Complaint and refer to that previous Complaint letter I done for you in post#4 here and you are still awaiting a written response and will only accept a written response.

    Also in that letter ask them for a copy of the following:

    Complaints Policy not the leaflet.

    Equality and Diversity Policy not the leaflet.

    Right to Repair Policy not the leaflet.

    Repairs Policy not the leaflet.

    List of your Alternate Repairs Contractors.

    If you are unable to provide any of the above then I require full written clarification as to your reason for failing to supplying these.

  11. Hi

    Thank for the update appreciated.

    As for the next door property causing damage to your property due to the disrepair I feel you are now going to have to get someone in to inspect your property and do a report for you as to what is causing the damage i.e. the disrepair issue with the property next door are causing these.

    You are going to need reports clearly pointing out the damage to your property is caused by the disrepair in the next door property before you can take further action against that Landlord of that property.

    If you have Insurance for your property and it has Legal Advice also have a chat with them on this matter.

     

    As for the Tenant next door (get them to join CAG and tell us what is happening) as for the Rent increase a couple of days after they asked for repairs I do hope the Landlord carried the rent increase out properly.

    Show the Tenant next door or give them the following link:

    https://www.gov.uk/private-renting/rent-increases

    That Tenant should not be scared to ask for repairs that need done again tell them to join CAG and tell us their story on this and point out to them that our advice is free and they remain anonymous on CAG if worried about that Landlord.

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