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Virgin, mystery extra line: 2 judgments for Data Protection breaches - so far!!


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The parade of idiots passes by again...

No reply from Virgin to their last SAR and it's been 28 days now-another claim to be put in?

 

Meanwhile after several attempts to contact the court-they seem to be in a habit of not answering the phone or responding apart from auto-responses, they have managed to get an email together which displays a suitable lack of literacy skills given that both questions can be answered by reading the previous email. Reply was sent on Thursday and no reply from them still to that.

 

Exeter County,Enquiries <enquiries.exeter.countycourt@justice.gov.uk>

Wed 10/27/2021 10:59 AM
 
What was your application for? 
And what does your help with fees application relate to?

 

From:<redacted>
Sent: 25 October 2021 12:00
To: Exeter County, Enquiries <enquiries.exeter.countycourt@justice.gov.uk>
Subject: Help With Fees application no reply

 

I still have had no reply to this despite emailing and attempting to call several times within the last weeks- I want to be updated as to what is happening with this and why I am not receiving any reply.

 

From:<redacted>
Sent: Monday 5 October 2021 9:39pm

Subject: Help With Fees application 

 

This relates to my application <redacted>

Reference number:<redacted>

I completed an online application for help with fees on 2021-10-05

Yours sincerely, lemon_martini2

 

 

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Amazing.

Maybe if you fill out this form it will help to get things moving

COMPLAIN-ABOUT-A-COURT-OR-TRIBUNAL.FORM.SERVICE.JUSTICE.GOV.UK

 

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Any update on this? 

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Have just been on the phone to the Court- apparently no action has been taken as 'Help With Fees does not cover the cost of court fees, just the initial fee of bringing the claim'. The woman did tell me that I would be supplied with this in writing so I shall gladly wait to see if they do memorialize that incorrect statement on paper. The waiting time varies as it is done in date order and is usually a week to 10 working days-when I pointed out it had been almost a month for mine, I was then told 'It can take longer-maybe a month,six weeks,up to two or three months'. During that time no-one has replied from the court if there were any mistakes or irregularities. Complaint has been submitted this morning and auto-response received from the court.

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  • 2 weeks later...

They are obviously being run by Virgin management

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  • 2 weeks later...

OK here's the state of play. I was sent an email by the Head Clerk of the Court to contact him. Friday he didn't reply. From Mon-Thurs he was off on annual leave. Today I have spoken to him. They can now see that the application for Help With Fees and the N44 had been submitted. It was the court's claim that they had never received anything on that date, but as I received an autoresponse from them, it confirms something was sent through on that date, so once I have forwarded that email on to him, he will investigate.

He could not explain either why if the meeting was struck out due to non-payment of fees, why Virgin had not either

a) contacted me immediately to tell me so

b) on the date in question when asked if they knew anything as to access the hearing, told me then that it had been struck out.

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Do I understand that virgin told you that your claim had been struck out?

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  • 3 weeks later...

Update on state of play: I have had no contact back from Head Clerk of Court despite emailing and calling several times. Today I managed to pin down his secretary who has advised that he hopes to be back in his office tomorrow. If need be,I shall sit on the phone and email all day to get some sort of response from him. It is very frustrating as I cannot do anything until the Court gets itself moving-at the moment this case seems to be in their we'll get around to it when we feel like it pile.

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The whole thing is a nightmare experience and Kudos to you for your tenacity.

I have a sense that not only are you in conflict with Virgin but also with the whole of the County Court system.

 


 

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Well thanks for the update. It's all pretty amazing and I suppose nothing will happen now until January – if that.

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  • 3 weeks later...

Any update on this?

It seems to me that a letter of formal complaint to the court manager and to the senior judge might be a good idea. I don't know if it is going to have any effect – but it won't do any harm.

I can almost see this becoming one of our most long-running threads

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I'd rather decline the longevity record if I can get it sorted quickly...

As it happens I have now received an email from the court which sort of outlines what has happened so far

 

*Apologies for delays caused by 'unforeseen circumstances' and 'my lengthy absence'

 

States: Complaint is that 1) claim was struck out on 2 August due to non-payment of hearing fee 2)incorrect information supplied

 

Timeline from Court's point of view.

29 Jun-order was issued to all parties with directions including the claimant to pay hearing fee by 23 Jul

10 Aug-order was issued striking out the claim on 2 Aug due to non-payment of hearing fee

21 Aug-you sent an email attaching email dated 23 Jul confirming application made with Reference <Redacted1>

25 Aug-matter referred to a District Judge for their consideration-the Judge requested that we seek the date of the receipt of the online application from the Help With Fees section-the date given for receipt of email was 18 Aug at 21.04

7 Sep-matter was rereferred to a District Judge and the matter remained struck out.

22 Sep-you were informed the matter remained struck out.

25 Oct-you sent an email attaching an email of an application, however the email has an anomaly as no month could be found-only Monday 5/10. Reference <Redacted2>

29 Oct-you sent an email replying to the court's subsequent email confirming the reason for application.

5 Nov-you called the Court and filed a complaint which I subsequently replied to on 18 November <actually the reply was just an email stating he would like to discuss this at some time-it has taken a further 8 weeks to get the confirmed reply>

12 Nov-the Court sent an email requesting a copy of the N244 application which relates to reference <Redacted2>

16 Nov-you sent the copy of the N244 application completed 5 October.

17 Nov-the Court confirmed that the Help With Fees application was not eligible and returned the application. <I was told on 5 Nov when I made my complaint that it was rejected as Help With Fees is only available at the beginning of the claim>

 

Each point of complaint:

1.The claim was struck out for non-payment of fees-the information you provided to the court on 25 Aug was referred to the District Judge and he considered all the available information. The records that the Court hold confirmation the email was received on 18 Aug. I also received the copy of your autoreply which we discussed in our telephone conversation-however this is dated 23 July which is after when the hearing fee was due.

 

2.There appears to be some confusion as to the information you have received with regard to the Help With Fees system and for this I apologise. On receipt of your email of 5 Nov, the court acted swiftly to attend to the application which the court did not receive on 5 October and which may not have reached us as the email you sent of 25 October shows an anomaly as no month could be found-only Monday 5/10.

 

I trust that the comments above help with the series of events as well as the circumstances and responses made to you in response to your communications with this court.

 

I strongly suggest you seek advice which can be accessed free through Support My Court on 0300 081 0006.

 

So there we are- not only battling Virgin, but now the court too...

Meanwhile I have submitted SAR's for other companies that I have had problems with. That was at the beginning of December and no reply from any of them-I feel more claims coming on...

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Thanks for this update. It's really quite amazing.

So could you just clarify exactly where you stand with virgin at the moment. Is this case ongoing? Or has it completely stopped and if so, what can be done to get it going again

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So far nothing has happened since August when it was supposed to be heard-although interestingly I haven't heard anything from Virgin, who I would be sure would have sent out a letter straightaway to tell me 'Your claim has been struck out as you haven't paid the fee'.

I've supplied N244 and Help With Fees codes but all I've received from the court is in that chronology saying my HWF application is not eligible, but without specifying why it isn't eligible.

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The only thing I can suggest is that you begin a complaint to these people

WWW.GOV.UK

How to provide feedback or make a complaint to HM Courts & Tribunals Service.

 

I would start off by informing the court that you are going to make this complaint if the matter isn't resolved within seven days meaning that there is a date for a hearing – the hearing which was initially cancelled.

If they don't resolve the complaint in that time then you will make a formal complaint to the HM Courts and Tribunal service.

At the same time I suggest that you send an SAR to the court. Do this in a separate letter so there is no confusion.

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I only came across this thread while I was searching for something else.  Obviously a very annoying and vexing matter for @lemon_martini2

 

Can I just ask as a suggestion though, is the confusion with the court about correspondence not being traced at least partly owing to references at various stages to what appears to be Monday, 5th October 2021?  It's just that 5th October 2021 was a Tuesday, not a Monday.  Of course I may have misunderstood and the detail is not important - I've only had a chance to scan this last page so am unaware of the context of the issue.

 

On 01/11/2021 at 21:56, lemon_martini2 said:

...

 

From:<redacted>
Sent: Monday 5 October 2021 9:39pm

Subject: Help With Fees application 

 

This relates to my application <redacted>

Reference number:<redacted>

I completed an online application for help with fees on 2021-10-05

Yours sincerely, lemon_martini2

 

 

 

 

21 hours ago, lemon_martini2 said:

....

 

2.There appears to be some confusion as to the information you have received with regard to the Help With Fees system and for this I apologise. On receipt of your email of 5 Nov, the court acted swiftly to attend to the application which the court did not receive on 5 October and which may not have reached us as the email you sent of 25 October shows an anomaly as no month could be found-only Monday 5/10.

...

 

#326 and #339

 

Apologies for butting in, but I once had a protracted problem at work because nobody had noticed that a particular day and date combination did not exist...

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  • 2 months later...

Well I have been to America since February 2, so that gave plenty of time for my SAR to be replied to and my formal complaint in which I gave the court seven days to deal with this to be dealt with-and nothing.

In my email inbox nothing and on my doormat-nothing at all. Now I'm back in Blighty I think it'll have to be another immediate complaint that my previous complaint has not been tackled or at least even replied to.

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It's really extraordinary and all I can think of is telephone in the court relentlessly everyday and asked to complain to the judge .

Even get the name of the judge and write to the judge and explain what is happening and ask for some interventionEven get the name of the judge and write to the judge and explain what is happening and ask for some intervention

 

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  • 3 months later...

 

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Any update on this Nothing from the OP since March

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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