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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Citicard – Are they rattled?


bankoff
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A friend of mine suddenly found out that he had a bad credit rating, it turns out that Citicard had accepted an application from him (unknown) and someone had been using card.

 

To cut a long story short, family member, sorted it out and paid, when applying for mortgage found they had a defaulted credit reference. Don’t know what charges were, but after seeing your site applied to Citi with the DPA letter on Wed 8th. Today 6.45 (Citiman working late obviously) ,,,, guess what,,,,,, they telephoned him.

 

Conversation went as follows: TRIED TO REMEMBER WORD FOR WORD

 

Friend: I would like statements for last two years under the DPA.

Citiman: reference your letter requesting these statements, we need you to fill in a form and there will be a fee for this service.

Friend: No, Its my right under the DPA to request this service.

Citiman: Your wording of the letter is not quite right.

Friend: Why :evil:

Citiman: Went on about the form again, and then said you will need two forms of ID :x:x

Friend: Then said to him if you had taken TWO for ms of ID when this card was taken out, we would not be having this conversation now, we’re fighting back. :twisted:

Citiman: Where did you get this letter :?

Friend: From a good source (The Forum of Course)

Citiman: Well I would like you to fill out this form (WHEN IT ARRIVES?)

Friend: Said he accepted the £10 fee, but not the form!!! :?

Citiman: Fair comment, but can you tell us where you got the info about the DPA letter from?

Friend: If you say there is something wrong with it, perhaps you can send a correct version of it! :lol:

Citiman: Jokingly said yes, we have a few of these at the moment. 8)

 

Any suggestions as to what should go in the letter to Citiman tomorrow?

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Do not agree to send a form. It will make it harder for others if an inaccurate culture is allowed to develop.

 

Simply sned the £10 with the letter and insist that the request is complied with or else there will be a complaint.

You can also pint out that they have a contratual duty to compley with all reasonable requests under UK law.

 

Send the letter special delivery

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If he insists on the form then you want to now who the data protection Officer is and you write a complaint directly to him.

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Hi Bankoff,

 

I requested my statements over the phone, they sent them within a few days then 10 days later I got a reply from the Data Protection Office (Richard Cooke) asking me to fill in the form you are talking about and they were unable to apply the fee to my citi card account as:

 

'the charging of interest on the fee would exceed the maximum permissible fee of £10 under Regulation 3 of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000.'

 

Perhaps if banks, credit card companies, etc ask for more than the £10, we could use this quote to prevent them overcharging for once!

 

Good Luck to your mate, though I'm sure luck doesn't come into it, as the charges are unlawful :twisted:

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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'the charging of interest on the fee would exceed the maximum permissible fee of £10 under Regulation 3 of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000.'

 

I hope that you told him to lump it.

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Didn't have to as they had already sent me the info I needed!

 

A*se and elbow springs to mind.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Update Citi Card. Letter back today, asking for another £10 :shock: , complete with silly forms. Have they lost the cheque?

 

:evil: :twisted: Letter (RC) back to them immediately saying no forms, no ID and your time is running out! :wink: and threatening them with Information Commissisoner. We shall see what turns up.

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How long do they have left under the DPA request?

 

Let their time run out (they have already had a reminder) and then report them to the IC.

 

At the same time inform them that you want an amount back to be estimated by yourself as they failed to provide the data that you requested under the DPA in the first place.

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Just rang the DPA office, they say that we have to comply with their request for ID and fill out their forms.

 

Citi are being really pedantic - warn everyone else :evil::evil:

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ALSO - the DPA office said that they will have 40 days from the date they receive the Forms and the ID. :shock:

 

Have we spoken to the wrong person in the DPA Office?

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  • 1 month later...

Hi there,

i had the same problem with Citi Cards, but i filled in the form, had already made a written request and sent a £10.00 fee. I enclosed a letter reminding them, that the 40 days started from the date i sent first DPA request, and not when they recieved the form back, am now waiting to see what happens.As a thought, surely they must know who we are, as they have been sending us statements, surely this should be enough for them as far as identification!

Cleopatra

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  • 12 years later...

This topic was closed on 03/06/19.

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

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Please

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