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Phil2287

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Everything posted by Phil2287

  1. I think trying to pursue it legally is perhaps more costly than the drink was worth? Maybe you could approach the local media - it sounds like a story they'd be happy to go forward with.
  2. I agree. If I worked within a 'Government Agency' with such wide-reaching access and wanted to gain information on someone to use against them, I suppose the last thing I'd do is actually tell that person, or I'd leave myself wide open to attack. As a result, I don't think you've got much to worry about. However, I'd still take it further and present your email to her employer.
  3. I'm slightly concerned about 'Government Agency' with 'access to sensitive information'. That could be anything from a Parking Attendant, to MI5.
  4. There are people on this forum with perhaps more legal knowledge than I with regards to what action could be taken in this matter. However, if she has made insinuations within her email to you that she will use your sensitive information against you, then perhaps she shouldn't occupy the position that she does? She is probably just adding fuel to the fire that you both obviously have going on between you, and is intending to scare you. For what reasons, I'm unsure. Anyone else got any advice for Janice?
  5. Do you have a copy of the communication wherein they state they have accessed your information? If so, and it appears to be genuine on the basis of your obvious dealings with this person previously, perhaps you should contact the police?
  6. A good idea, in principle I suppose. Ever likely to materialise in practice? Probably as likely as Mrs Thatcher wading back into Parliament on the back of the success of her 'biographical portait' in the Iron Lady haha. I think it's been 'look after number one' in this country for a long time now. Indeed, in most of the western world. Wasn't it dear old Maggie who said 'there's no such thing as society...'? I'm not in favour of everyone cutting all ties to wealth and materialism and moving into spiritual communes. However, a little more sense of community both on a smaller, and larger scale would be nice - in fact, I'd even say heart warming...
  7. Hi, Would it be possible, without obviously wanting to divulge too many specifics, to tell us what sort of job this person has? Anyone with access to your personal records, whether through their occupation or so on, must have a genuine reason for accessing them. They must also ensure that they remain private and confidential. I am certain that if this individual has accessed them without 'due reason' then they would be likely to face disciplinary proceeding with their employer, and possibly legal proceedings too? Phil
  8. Yes, you could determinadtor - however, capitalism and love don't really go hand in hand
  9. Mrsc1, It's no problem at all. As I say, I work in the industry so it would be negligible of me to read your post and just ignore it. I'm sorry to hear of your trouble with Eon, although not at all surprised. The problem when you call through to the call-centre is that due to their high attrition numbers in call centres, the level of experience is vastly different from agent to agent, and therefore the quality of advice you receive is largely dependant upon who the call is routed to. Most agents are helpful and perfectly competent. The odd one or two, however, arent remotely interested and will gladly fob you off as it's too much hassle to deal with you enquiry. To answer an earlier post, the liklihood of Mrsc1 still having a balance will be down to the dates from which she took ownership, and the usage calculated/recorded from those dates, to the date of energy transfer and amendment of 'shipper' on the national registers, and/or with Transco or the IGT company. So - my advice wouldn't be to ignore their correspondence, but to fully engage with them at every opportunity - and as often as possible until resolved - to show your determination and the fact you won't be letting this go. I know you work during the day, so why not drop an email to the Customer Service Director? Also, most companies have contact details on the internet that are posted by other members of the public that the companies would rather not make public - like Directors, Customer Relations teams, etc. Have a look for some for Eon. Keep on asking to make an official complaint. It shouldn't matter which department your enquiry is 'sitting' in - the fact is you have a right to register a complaint. Mention, on the phone call that you have spoken to a solicitor, the CAB, and approached the Ombudsman. These are key words that the agent is trained to listen out for as an indicator that your complaint is likely to escalate beyond the company, to the Ombudsman. For each case that reaches the Ombudsman, the company is charged a fee before the issue of any liability even arises, and it also shows in their complaint league-tables (so they'll do almost anything to avoid that, if in the wrong). If you have any more specific questions for me, or anything else you want me to clarify, just let me know. All the best with it!!! Phil
  10. S12345a - don't forget that PG&E were a multi-billion dollar (and are, I believe) energy supplier in the United States and knowingly - according to the judgements made in law - 'working outside the law' for many years, at the physical expense of those in close proximity to their 'plants'. This resulted in several, I believe, multi-million pound judgements. The size of the organisation does not necessarily equate to the morality or legality of the organisation. You only need to look at the issue off PPI mis-sale for that.
  11. Do the PDSA charge, as I was under the impression they ask simply for donations? Try not to worry - I'm sure your heart was in the right place. However, I doubt the other dog owner will want to leave it there (would you?). ''A deception will be deliberate when the defendant knows that what he represents as true is untrue. This is predominantly a subjective test, matching the general approach to establishing intentional behaviour. The test of recklessness is also predominantly subjective to show that the defendant is aware that what is represented may or may not be true, excluding the extended meaning of recklessness in R v Caldwell [1982] AC 341.'' However, you haven't actually 'obtained' any money - you 'attempted' to. It may be found that No Further Action in this instance will be taken. You may just receive a verbal or official reprimand. Why don't you wait and see what happens, and then take it from there? Phil
  12. Hi, I work in the energy industry (don't lynch me!!) for one of the 'Big Six' suppliers - handling complaints and what not. So, here goes... There's a general rule within the industry that we have the legal right to back-date any balances under Ofgem stipulations for 2 years, but most suppliers choose only to exercise a back-billing policy of 12 months. However, I'm not sure what their policy is on chasing debts that they cannot initially attribute to an individual/company except further down the line, after employing a TRAG (tracing agency) who probably checked the land registry. When you moved in its perfectly normal for people not to know who supplies the property at first - but also very confusing for them! If you were not contacted at the address with a bill stating 'Owner/Occupier' for any period at all (Eon will keep records of what was sent and when for their own case files should it extend to the Ombudsman) then what I'd do is call Eon's complaint specliasts on 0845 300 6301 and ask to register a formal complaint. New industry guidelines mean they HAVE to provide you with a complaint reference number, offer you a copy of their complaint procedure' The complaints team would usually then re-call the file from their collection agency, and arrange the remove of any default against your credit file - which is usually sent as a 'mass load' every 28 days to be updated with the credit agency. They can then place the account into dispute and arrange an investigation. How successful you are in getting through the initial hurdle of trying to raise a complaint will depend on the competence of the customer service agent you initially speak to. If unsuccessful, hang up and re-dial! If you get nowhere at this stage, shoot right to the top: Write to the Customer Service Director at E.ON, PO Box 9069, Nottingham, NG1 9BU, or alternatively email the Director of Customer Services. If you have followed each of the above steps and they have still not managed to resolve your complaint within 8 weeks, you can contact the Energy Ombudsman on 0330 440 1624. I deal with this day in, day out and I can see no obvious reason from what you've said above that they cannot easily establish the date you purchased the property and any record of readings they hold, and the date you transfered supplier and what the readings were at this time (D86 flow on their records) to establish any monies owed - then set up a long term payment arrangement. Usually the same amount of time it has taken them to realise - so you're talking 24 months at least. Or that's what I'd grant you if I dealt with your case. Hope this helps!! Phil
  13. Matty - I'm not exactly sure that Sandra is trying to displace responsibility here. She has, after all, acknowledged that she's accepted the loss of her belongings and is concerned mainly with how she perceives she has been ill-treated. To a degree, I agree with her. Why tell a customer there is no CCTV, when it is evident upon investigation that there is? That strikes me as odd to begin with. It's almost deliberately obstructive. Sandra, I'd follow Rebel11's advice. Phil
  14. That seems like a bit of an amateurish letter to be honest. I'd like to see it uploaded, with your personal details removed, etc.
  15. Well for all they know you could have made the application from someone else's computer, a public library, or any multitude of locations. Is this a professional set-up, or some sort of Mickey Mouse company with a 'Phil Mitchell' character at its helm? I would disect your agreement with them. Challenge - in writing - each and every additional charge. Their conduct. Their professionalism - or lack thereof - and commence a formal complaint. Firstly, within the company (although I doubt you'll gain much, if any, ground with that) and then perhaps escalated to a governing body? Phil
  16. Hi, in my opinion - to echo several previous posts - there is no question of theft here, so I'd disregard that concern. As far as I am aware, and correct me anyone if I'm wrong, for it to be 'theft' there must be an appropriation of property, belong to another, with the clear intention of permanently depriving that 'other' of it. This appears to have been a transactional mistake (although I'm unsure why that retailer handed over the item without having properly ensured payment had been collected) and as a result, not something that you are 'responsible' for. However, I also echo the sentiment that it's not an error that you should necessarily benefit from - as both parties are innocent of any malice. Whilst you should not be expected to travel to provide payment, the retailer should also not be expected to go without payment. I think there will need to be a compromise on the part of the retailer here. Be sure, however, to maintain contact and correspondence - if not out of a 'legal' obligation, perhaps out of a moral one? Phil
  17. This seems particularly odd. Why would they assume the details you have provided are false? Can I ask you to clarify the full name of the company? I've had a look on companys house and found this: Name & Registered Office: TOOTH FAIRY LIMITED LADYWELL HOUSE BAR ROAD BASLOW DERBYSHIRE DE45 1SF Company No. 04697894 Status: Active - Proposal to Strike off Date of Incorporation: 14/03/2003 Country of Origin: United Kingdom Also, can you check your agreement for their APR? Phil
  18. Pursue it criminally first. Then, upon whatever conclusion, look to pursue it as a civil action for damages, too.
  19. Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email. There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit etc. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified. In order for a verbal agreement to be legally binding the agreement must have reached completeness. Agreements in principle will not usually be upheld in court and will not usually be considered complete verbal agreements. As you haven't - I assume - signed anything, then I think a formal complaint to the gym should suffice. They will probably see sense, having no proof that they upheld their obligations in explaining the terms and conditions before taking your card details. I think the template letter above is a very good idea. Phil
  20. Have you considered asking your Grandmother to sign over the house to your Mother? I know it's a sensitive issue and her deteriorating health will take priority. I'm not too sure, but I can't see the Local Authority attributing any of the equity in the home to your Mother. Their first and foremost concern will be how to cover the cost of your Grandmothers care. I worked in a Nursing home a few years ago and the service users are massively overcharged, in my opinion. One of the homes had fees of around £750.00 per week. Alot of that is subsidised (or in some cases, entirely) by the Local Authority. However, where they can recover funds, they will. You may want to speak to a solicitor about formalising interests in your Grandmother's assets before any evaluation takes place? Phil
  21. John Lewis probably will try and send you away - as most retailers do. However, as they sold you the item, I'd follow up your complaint with them. It should be covered under the 12 month warranty anyway, and as the fault was logged the month before that was due to expire - and is still yet to be rectified - I'd tell John Lewis' that you are giving them one last chance to put things right, before you extend the matter - at which point you may want to contact Watchdog, write to the Chief Exec of John Lewis, etc. Usually, the higher you start, the quicker it's resolved.
  22. Isn't there a limitation on how long PPI can be back-claimed for? I'm sure I read that.
  23. Hi, My general dealings with parking fines is that if its issued by the council, they will usually pursue it as far as possible. However, if it's issued by a private company on behalf of, say, a retail park, then it can generally be ignored and after the first few letters, the follow up ceases. I assume based upon the above that the council, at the end of the day, will say the onus is on you to check where you're parking before you leave your vehicle there. Also, I assume that having rejected your appeal on the basis that there is sufficient light (although I'd be inclined to ask what test they have applied in this instance to determine 'sufficient') that their conclusive argument will be that ignorance of the restrictions of parking, is not necessarily a defense. Sorry if this doesn't help. Phil
  24. Hi, I agree with the above option that youl should definitely pose your question to a senior member of staff, or someone in a position to make that decision, or pass it on for review. However, you state that you - and presumably your colleagues in your department - are being 'forced' to engage in other tasks such as cleaning the toilets ( as an example ). Is this within the scope of your contractual terms of employment/job description? Also, are you a member of a Union? Phil
  25. I haven't had any PPI claims of my own, but I've helped a friend and a co-worker successfully reclaim their PPI charges from Barlcays and TSB respectively. Neither case went to court, and the latter received a payment in excess of £5000.00 (for which I was given the very nice reward of £500.00 -[edit] The first received just over £200.00, but I was quite surprised, as they initially sent a copy of the individual's original contract showing their signature - and in the small print the details of the PPI. However, we argued that they were never made explicitly aware and it seemed enough to make them cough off - rather than extend it to the Ombudsman. Phil
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