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Showing results for tags 'act'.
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All this talk about obtaining medical records on this forum reminded me of obtaining my own a few years ago. Back in 2007 and 2008, I obtained some medical records of my own health under the Data Protection Act 1998. These consist of hospital records (such as a routine operation that I had back in 1988), GP records, child development records and so on. I also obtained my birth records (it tells me when I was born, when the delivery of placenta was, my Apgar score etc). This is the crux of the matter, and this is what I am asking - as they are pregnancy records, they are obviously regarded as being the mother's medical records, but I am arguing that if one happened to be the baby born as a result of the pregnancy, they should also be seen as one's own personal records under the Data Protection Act 1998. What do you think? I obtained them under the Access to Patient Records Act 1990 as my mother is now deceased and passed away before I obtained them, but my point is that a record of one's birth is just as much a Data Protection thing, so why did I need to access it as if it was just my late mother's records? Would I have been able to obtain them under Data Protection Act 1998 if she had still been alive at the time? I believe that birth records should automatically be seen under Data Protection Act 1998. Does anyone agree with this?
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Is it true that the EU regulations (not directives) will be updated?
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Just a quickie...as per section 70 of the County Court Act 1984; Finality of judgments and orders. Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties. This means that you can't challenge the decision without an appeal, as far as I can make out. So if you don't like that judgement and want a better one, you can't just make an application to alter it...but you can make another application so that you have 2 judgements for the same debt? Or am I wrong? TB
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Hi, I'm afraid I have to go into a bit of slightly irrelevant history before I get to the point, so please bear with me! I own a freehold property that I bought in 2005 and currently rent out. I discovered two months after the property purchase completed, that although my property is freehold, there is a management company involved and a covenant in the Land Registry deeds. The management company refused to agree to the register of the title in my name, until I signed the covenant, so I had no option but to sign it. Around two years after I bought the house, the management company started to try and charge an annual maintenance fee, which I have disputed in full since they first contacted me, on two grounds - firstly that I signed the covenant under duress (although I am aware that is a case of 'caveat emptor' and it may be deemed that I should have been aware of what was in the deeds). The second ground is that the management company have not provided me with any tender documents or invoices for any work carried, despite repeated requests, and the management company's fees represent more than 50% of their annual expenditure. Despite the fact that I have disputed their invoices in writing on numerous occasions, they have passed the debt on to a third party, Property Debt Collection Ltd, who have disregarded, or failed to understand the nature of my dispute, and it is they who have now served the Notice in the thread title. They claim in the accompanying letter that they will commence possession proceedings if the amount remains unpaid; have added a £650 preparation fee to the outstanding sum (disproportionate for a two page Notice, surely?); and refer to an estate rentcharge, which I don't believe this is. They also state in the Notice that they intend to enter the property and take the income thereof. I have tried to research this Section of the Act online, but I am struggling to find out firstly whether this is even the correct Notice as the charges are estate management charges and not a rentcharge, or whether thay can take any action such as their threat to enter without a Court order? I have read of a charge being added to the mortgage under Section 123(4) but I don't want my mortgage company to pay a disputed debt. I would actually be happy to go to court as I would like the opportunity to put my defence! I should also comment that I work in residential lettings, so I am relatively familiar woth most legislation, but this is a new one on me! Any advice would be gratefully received. -
Hi I am trying to find out what can information retained under the limitations act be used for, I have data held by a university who state in their records retention policy that the information is the be retained for 6 year from end of program with the reason for retention of the data being given is the limitations act 1980. Can data retained under this act be used for any other purpose? the information relates to internal disciplinary hearing in 2009. I left the university in 2010 and returned in 2013 to do a different program. The university now wants to access this information from my previous course, I am arguing that my contract with the university ended on 2010 when i left and that in 2013 when i returned for a different course that was a new contract and staff on the new course should not have automatic access to data from my previous course. Really up against it here any relevant advice appreciated -
Hello, This is something I'm losing my sleep over. I've struggling for the last six months with the HMRC to obtain a full and detailed employment history going back to 16 years ago. I need this, because I need to send a request for permanent residency and I've lost some documentation. I first wrote to the HMRC last November and they replied almost immediately but only sending my national insurance contributions record. Then I wrote again in December, pointing out that I needed a breakdown of my employers instead. They replied in February, again sending the same ni record. So I called the hmrc helpline and the operator suggested that I wrote a request under the Data Protection Act, which I did immediately. I called the HMRC again in April and they told me that, due to the length of the period, it might take up to 375 days. However on their website they state: Now it's more than 3 months and yet no answer has come. Incidentally, re-reading the letter I sent, I have realised I had omitted my national insurance number. Terrible mistake, however I had included so much data that they could identify me without delays. What do do now? I'll call the HMRC tomorrow and if it goes nowhere, I'll write a second letter. Is there anything else I can do? This thing has been eating me for the last six months. Thank you
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SCOOP has links today to two Freedom of Information requests that feature on the very popular website: What do They Know. http://www.scoop.it/t/lacef-news It would seem that two individuals are making highly vexatious Freedom of Information requests. It is such a shame that this practice is going on as I fear that before long, the government will amend legislation so that a charge will be payable for each FOI request. The first link on SCOOP is this one from an individual by the name of Wayne Pearsall regarding Removal of Implied Right of Access. https://www.whatdotheyknow.com/request/moj_implied_right_of_access_remo He has so far made 242 Freedom of Information requests using the What do They Know site. There may well be many others as well that are made direct to the relevant authority etc. https://www.whatdotheyknow.com/user/wayne_pearsall Typically, when he does not receive the answer that he wishes.....he requests an 'internal review'. Most telling is Mr Pearsall's request dated 20th March to the Home Office entitled: 'Vexatious Correspondence and Complaints Process" https://www.whatdotheyknow.com/request/vexatious_correspondence_and_com_2#comment-58908 -
Hi, I was hoping someone could help me. Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all. I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault). The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car. Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on). But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described. I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases under the above two scenarios. Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this. Thank you in advance. -
The government is set to delay implementing enhanced rights for rail passengers by 18 months, Which? has discovered. Earlier this month, it emerged that the government is set to delay the implementation of the Consumer Rights Act in sea and air travel until October 2016. And now, Which? has discovered that rail will be delayed by a further 12 months until October 2017. The Consumer Rights Act came into force across most sectors in October 2015 and was initially due to apply to all travel sectors from 6 April 2016. This delay means consumers will now have to wait another 18 months to be able to claim a full refund or compensation when a train operator does not deliver a service 'with reasonable care and skill'. http://www.which.co.uk/news/2016/04/further-delays-in-store-for-rail-passenger-rights-439947/ -
We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore. Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim. Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a ' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court. We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name. I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault. I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays. Many thanks for reading. -
Hi all, Been a while and I find myself on here hoping to get some advice I bought a nearly new Audi from a main dealership last month (15th) on finance (VWFS) I literally drove it from the dealership to the house and that was it until the next day where it "seemed" fine. The day after, I found myself having to email/book in the car for a number of rattles/squeaks - one of which was fairly obvious, another not so but loud enough to record it on the phone. It got seen to the following week and came back with the main noise fixed - the other could not be replicated. Soon as I left, the other one came back along with a few more such as suspension noise/squelch on their ramps etc. Turned back but it was shut so another email went over. I then called, no reply to both. I got busy but last week finally email again to find the service guy had left the company. I therefore sent an email to the sales guy + his manager outlining some 10 issues with the car - mainly rattles/squeaks This got sent to the service manager who in fairness has been very polite and has booked it in for this week. In the mean time, I have been just looking at the what if scenario - ie: if it comes back with similar/same/more faults. So what I proposed is to return the car, and I purchase another from their group that is around 4k more. Hopefully get some dealer contribution in, and I top it up with more deposit money to keep payments the same. This was rejected and was told that they could only buy the car back which would be around 8k less than the one I proposed to buy. So I guess my question is: 1. Do I let them fix and cross my fingers 2. Is there any way to use the Consumer Rights Act 2015 despite it now being past the 30 days (but initial issues reported within the 30 days) While most faults are not detrimental, I just feel the car might have been potentially abused in their possession as a ex-demo car and while I have 3 years warranty ... this could end up being in the dealership more than with me. Appreciate your thoughts
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Psychoactive Substances Act 2016 your thoughts? This can be found here >> http://www.legislation.gov.uk/ukpga/2016/2/pdfs/ukpga_20160002_en.pdf It has Royal Assent now I believe? Introductory 1 Overview (1) This Act contains provision about psychoactive substances. (2) Section 2 defines what is meant by a “psychoactive substance”. (3) Sections 4 to 10 contain provision about offences relating to psychoactive substances. (4) Section 11 provides for exceptions to those offences. (5) Sections 12 to 35 contain powers for dealing with prohibited activities in respect of psychoactive substances, in particular powers to give prohibition notices and make prohibition orders. (6) Sections 36 to 54 contain enforcement powers. Is this a good or bad thing? What effect can/will this have as far as the public are concerned? Your thoughts please... -
Hi I would like to put a SAR in finding out what information my employers hold about me (I work for my local council). In particular interest are some emails which a colleague who left under a compromise agreement sent about me. My employer has email archives dating back ten years so I know they are still available but wasn't sure how to word the request to make sure that these are included. Any ideas Thanks -
Group, I’m seeking help / advice on section 35 of the DPA 1998 Act: 35. Disclosures required by law or made in connection with legal proceedings etc. (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court. (2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— (a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or (b) for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights. Could someone please advise if sub-section 1 above could be applied as follows ? If a creditor does not respond to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the information and if they continue to withhold the information then a court order could be sought to enforce the SAR which the creditor must comply with or else confirm they do not have the information ? I hope this makes sense – any help / guidance would be appreciated. Many thanks.
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I'm aware that this is a really old chestnut so I apologise in advance. If the last payment in an unsecured loan was in June 2008. Then the account was closed by the bank in October 2008 (I had no and at all in the account being closed). Can someone confirm that the Cause of Action was one month after the last payment and NOT when the account was closed? Replies very much appreciated and any evidence or examples to prove the above would be fantastic. M... -
Hi all, I have received the obligatory letter from BC, acting on behalf of Lowell who are acting on behalf of Orange lol. I've got the standard "you have 14 days to pay us or we're taking you to the small claims court" letter. Is it best for me to ignore this as per title? The debt is not statute barred. Many thanks -
UK ruling party’s plan to scrap the Human Rights Act has sparked harsh criticism from the UN arguing that the act would be disastrous for victims of abuses and ruin the UK’s commendable record. UN High Commissioner for Human Rights Zeid Ra'ad al-Hussein said the threat by the UK’s Conservative government to replace the act with a British Bill of Rights would leave many people unable to remedy the abuses they suffer. https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAAahUKEwjcgPfEo8XIAhWJXRoKHZYlAHc&url=http%3A%2F%2Fwww.theguardian.com%2Flaw%2F2015%2Foct%2F12%2Fun-official-warns-against-uk-plans-scrap-human-rights-act&usg=AFQjCNHLFJNSZcX3Iq9RMC9HDnAPoPybRg http://www.presstv.com/Detail/2015/1...-UN-criticism- -
I have just seen on the news that a new Consumer Rights Act has come into force, is this replacing SOGA or are the two different things? Sorry for seeming bit dim! lol Sandy xx
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about 10 years ago i had two slipped discs in my lower back and they were sorted by phsio and drugs , fast forward tp last year and i have another relapse . no problems This time i am with a different surgery and i go for a X ray and MRI Scan which shows significant danamge to the lower two discs and damage to the others . i then have a faucet joint injection and 3 injections either side of the discs and return to work . i still have some problems so i had a meetinh with the omanmanger and we arranged a duty that minimized the risk of a relapse no problems what so ever . Then all change i get moved onto another duty and the problems start lots of steps etc that were agrevating my bank , the managers were told but continued to put me on the round , i was coming home woth the back was thrombing like a jack hammer ( Only way i can discribe it . Then one Sunday about a month lateri have a total relapse a neigbour had to help me into the house i could not even stand up straight , went to the GP and was put on very powerful medication (yes i did start bouncing off the walls) . and got refered to the local back pain clinic . The Gp asked what had changed because it had been working and i told her needless to say she was not happy , Off to the specialist and he again says what happened so i told him and he started physio while waiting for the injections up the spine again . Occupationak health are involved biut they consistently say i am not covered under the disability discrimination act . which i have to disagress with , my backj will not repair itself just stabilize so i do have a disability . Also since i would be returning back to work next month hopefully i do feel the company is repsonsible for my latest relapse ( No i dont wont compo) but i feel they should have to make allowances that they would have to stick to Sorry for the long post
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Is there any point sending in a Freedom of Information Act request to a DCA in order to find out how much my debt was bought for? I would like to know so that I can send in an appropriate Full and Final Settlement Offer. (I'm thinking 2k offer on an 8k debt) Also does either sending in a Freedom of Information Act request or a Full and Final Settlement offer cause the statute barred clock to be reset?
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I have a 5 month old iPhone 5S that has gone to Apple for repair - the likelihood is that a replacement will be sent to me as the phone was emitting smoke during its last charge. I understand that if a new item develops a fault within the first 6 months then the fault could be deemed to have been present at point of purchase. Does the Sale of Goods Act provide for a 'Brand New' product in replacement, or will I have to accept one of their refurbished units? Thanks
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When does the 6 year clock start? At the point the credit company enters a default? At the point of your first failed payment? At the point you made your last payment? Thanks for your help Ivor
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Morning All, Not totally sure if have posted in the correct place so apologies if not. Thought I'd share with you an extract from correspondence received direct from the FCA today: General information on the Consumer Credit Act Copy of credit agreement Under section 77 and 78 of the Consumer Credit Act, a lender is required, at the request of a borrower, to provide a copy of the executed credit agreement and information in relation to outstanding amounts within the 12 working days of receiving the request. If the lender fails to comply with this request, it is not entitled to enforce the credit agreement until the request is fully complied with. While the credit agreement remains unenforceable, the lender is still entitled to take a number of actions, including demand repayment of the debt. To meet the requirements of these sections, the lender is not required to provide an exact copy, photocopy or microfiche copy of the signed original. This is reflected in the CCA which requires the copy of the credit agreement provided under sections 77 and 78 to be a “true copy”. Under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, a “true copy of the credit agreement may omit the signature and date of the credit agreement. The “true copy” of the executed credit agreement may be reconstituted from sources other than the actual signed credit agreement following Carey v HSBC [2009]. However, if the lender provides a reconstituted copy of the credit agreement, it should explain to the borrower that this is what it has done. The Purposes of these sections The purpose of sections 77 and 78 of the Consumer Credit Act 1974 is to provide a borrower with the relevant information about his or her contract, in particular the contract terms and the current state of the account. Parliament appears to have recognised that consumers may lose documentation, or may not keep clear records of payments, and may be unable to ascertain accurately what their contractual rights and obligations are, or how much has been paid and what is still owed. This is particularly important if there is a dispute over what is owed, or an alleged default. In those cases, preventing a creditor or owner from enforcing the contract until clarification is provided is an important and reasonable protection for the consumer. At the same time, it’s important to remember that the purpose of this legal provision is to provide information to the consumer; it is not to provide a method for consumers to avoid paying their debts. Unenforceability is merely the sanction where there is a continuing failure on the lender's part to provide the information. -
Looking for further information how this new bill will impact on several subjects.. It got RA in March this year I believe and became an Act shortly thereafter.... It will have an impact on various threads we advise on so what are your thoughts please?...
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Can anyone tell me what the law is on planning application time limits are? Do the council have to place a notice on the building that is the subject of the planning application and if so do they have to allow a certain amount of time between posting the notice and actually making a planning decision? Thanks in advance.
