Liability Order Application, urgent help plz!

Dancing_Shoes

You are a much more forgiving person than I, I would have prosecuted unless HR had taken steps to discipline the staff involved. Your personal information is just that, personal and no one has the "right" to access that no matter how bitter they are

Steve40_2

Dancing_Shoes wrote: »

You are a much more forgiving person than I, I would have prosecuted unless HR had taken steps to discipline the staff involved. Your personal information is just that, personal and no one has the "right" to access that no matter how bitter they are

I just received my DPA they have failed to supply evidence of appx 50 phone calls and have also failed to supply copys of crucial evidence that i have previously forwarded to them evidence that proves my case has been mishandled its a good job my MP has copy's . Just thought i would bring this to your attention . dont expect to receive everything

stressed_nrp

kelloggs36 wrote: »

It is easily traceable if they have accessed information they shouldn't have. Eg in the CSA (for example) they have a card which they have to access the computers, and each card is personal to them. Every time they access a case, it is logged and can be traced to the date, time and who accessed the case. Every so often also, there is a case check - random but whoever has attempted to access the case has to write it down and get it authorised by a manager so they can continue their work. It is not possible to know in advance which cases will be checked, so in theory nobody would take the chance on accessing something they shouldn't as it could be just the time when it flags up a check and they will have some explaining to do. Anybody who has a CSA case and are staff, have to declare it and their case is then made sensitive so that they cannot ever access the details of their case.

That last sentence is really interesting, they know that this person is abusing the system, I told them years ago and they told me, "no, that's not the case", when I asked for my details to be held by one person so access could not be granted to anyone else... I was absolutely dismissed. They even told the police that they didn't believe me, it was only when the office told them they had evidence of what's gone on that they accepted it. Although this wasn't the CSA, a diff government branch.

Soubrette

I have a friend who works in the mortgage dept of one of the big banks - I asked her last night what would happen if someone looked up someone else's credit report and so broke the data protection act.

She said that that every time someone looks up a credit report the login is saved (and as an extra layer of security they have a password too - I suppose to stop others using different logins). If someone finds out there has been an unauthorised search and complains then whoever did the search is automatical on a gross misconduct charge. If they cannot prove that they did the search as part of their job then they are automatically dismissed.

Sou

shell_542

I used to work in a direct debit department of the AA and had access to millions of bank details. Same as Sou. Each time someone entered an account a "footprint" was left with a customer advisors details. They were VERY strict on DPA. If someone was found to have entered an account for a reason other than their job we were in serious trouble. We were also not allowed to deal with people we knew. We had to pass the query to a colleague.

bdt1

In our experience the LO will go ahead. In our case when we turned up at Court the Magistrate listened to our evidence, and looked at some of our documents which proved without any doubt the CSA figures were ridiculous, she was then advised by the Court Advisor, that in law as a Magistrate she was unable to question the arrears figure alleged by the CSA. She retired with her fellow bench members for over 1 hour, when she came back and told us she HAD to allow the LO to go ahead, she had no choice - we were in tears and so was she (it was for 34k). She announced that she had never in any case, ever been so frustrated at her lack of powers within her own Court - she advised us in front of CSA Rep to get good legal help, and fight them tooth and nail - that is where we are now.

You really need to get ahold of you Data Protection File, NACSA have template, send it recorded delivery, you also need to put in an appeal immediately, time is of the essence, as they will following the LO start enforcement, so please do things immediately. Your MP may also be a helpful contact - ours was useless, he's Labour and stepping down soon, so just wasn't interested, but if yours is opposition, they cn be particularly helpful.

Good luck

stressed_nrp

To bdt1 - I am really sorry to hear that happened, although from what you and others have said it's inevitable that they are going to get this LO. I just hope you are able to get the figures sorted and reduce that debt - are they looking to take the house? I mean who on earth has that much cash lying around? In my case it's either just under 2k, their estimate, or just under 700, my estimate. Either way it's not going to be the end of the world - but it does mean that my partner is going to have to fork out the cash or risk losing his items to bailiffs. I am so guilty about it all not least because I took their advice at the outset i.e. to wait and pay off arrears when case was set up. I am also livid that their figures clearly show I have overpaid but it doesn't show where these overpayments have gone!! I am sending letter guaranteed nxt day on Monday re this and I think after all i've heard that I am not gonna bother attending court as it seems pointless and will just raise my blood pressure if some tw** from the CSA even tries to speak to me.

Also I read od a different thread that the CSA, even with a LO, have to prove their figures are correct before commencing enforcement action - apparently it's a legal ruling - I wrote down the details as: PJG v Child support Agency 2006 EWHC 423 (fam). I am not sure if this is right and i've not yet had a chance to read about this case. It's on alby95 "liability order" thread. Does anyone know if this is correct??

To Steve40 - That's really worrying, i've not kept any of my previous info sent to them - I used to trust they would deal with it and didn't want to have to think about it, however over the last few years I have kept all copies of letters and referred to telephone conversations in those letters to ensure they are aware I keep track. Do you think they withold this info on purpose or is it just that departments everywhere deal with the paperwork and they lose it. I know that they have 2 files for me and info is not on both, some is on one some on the other - that makes things very confusing!

To dancing shoes - I'm not at all forgiving. Persisting in this will cause me much hassle and upset my child - who has already been told horror stories about me. I just don't want to give my ex any ammo to use against me. Also life is too short - my partner and I have been pestered for years now and the only reason I got the police involved was because I couldn't see an end to it and my employers were being contacted that's all I wanted an end and my privacy back. The police gave me this and as far as I know (fingers crossed), they've now backed off. On the other side is the fact that I have a life that is not obsessed with the ex, but after all these years - the ex is still obsessed with me - I guess you could consider it flattery in a perverse way

In regard to accessing information - I know that all these things are traceable, I guess that's not the point really. The employers know what they did - the police know. It's clear to see. If there has been a disciplinary I am not sure what it is because said person still works there. I do wonder how on earth they got the job when they have a caution for stalking and harrassment and the info they have access to is very personal. You would think that would not be allowed and when applying for the role this would have been disclosed - I told their boss this caution existed and they didn't seem too bothered. Like many have said most companies would be worried, found this sackable or at the very least disciplined them - but no.

bdt1

Stressed NRP - crikey your ex sounds like ours.

I have been with my wife now for 16 yrs, the ex (PWC) has hounded us, stalked us, taken pics of our home, cars, alleged all types of things etc etc, she writes nasty abusive letters to my wife, and my mother - why be so bitter after all these years - I cannot pity this person any longer for the torment she has caused my wife and our children, but we too have had Police and solicitors involved, for now the injunction seems to be working - but for how long???

We know it won't be indefinite

stressed_nrp

bdt1 - I am glad it's not just me, (we've had all of what you mentioned - not letters though, emails and phone calls) I think if you explain that this is happening to anyone else they honestly think you've provoked it! Some of the things they've done have been absolutely terrifying - I mean the level of energy you need to keep up this campaign against someone, it must be exhausting. However, when kids are involved it's worrying and stressful and they do not need to be involved in that, for a while there it was a tug o war situation which was doing the little one no good at all.

I didn't go ahead with an injunction, just a caution. I think the laws are great offering support for victims of stalking but I was passed between police and solicitors neither knowing the best way to deal with this. I had already paid thousands in sol fees for access and my partner has been silently supportive while I got eaten up with this (it's been most unfair on him, it's my problem and the ex has at times dragged him right into it, despite not even knowing him).

For everyone's sake I couldn't go on any longer, as long as they leave me and my family alone then I won't pursue vengence - the police who finally issued caution thought i was barmy not to take further - they were very happy to carry it on.

Having said all that I vow the minute I win the lotto I am suing the A*** off them

bdt1

Well, if we win the lottery I'll be thinking very carefully who I actually give the ticket to for ownership - my wife probably - a win in her name only