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KNOCK KNOCK Mrs May, anyone at home ??? what are you doing about these CCJ's

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    It's worth dropping him an e-mail, I think he's on a steep learning curve.

    As I understand, he's more interested in the "surprise" ccj aspect of it all.

    I agree with Ivor, if you don't try, you'll never know
  • steve1500
    steve1500 Posts: 1,438 Forumite
    First Anniversary Combo Breaker First Post
    What I'm surprised no one has mentioned is the Data Protection Act.

    It is a requirement of the Act the data shall be accurate & up to date.

    If Parking Lie or some other this come after you twelve months down the line & you have since moved, I think you would have a very good chance of coming after them for compensation. One of our rights under the Act.

    Also, if they are going after people using old information, why don't these people get the Information Commissioner involved.


    A nice hefty fine from her might make them think again
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • mowkid
    mowkid Posts: 86 Forumite
    First Anniversary First Post
    beamerguy wrote: »
    I agree with Ivor, if you don't try, you'll never know

    I sent him an email anyway. I echoed all the sentiments contained in this forum. I would have thought that this cause was right up Daily Mails strreet
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    mowkid wrote: »
    I sent him an email anyway. I echoed all the sentiments contained in this forum. I would have thought that this cause was right up Daily Mails strreet

    Good for you, yes if it sells newspapers, downside is it's covered in greasy fish 'n chips the next day
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    steve1500 wrote: »
    What I'm surprised no one has mentioned is the Data Protection Act.

    It is a requirement of the Act the data shall be accurate & up to date.

    If Parking Lie or some other this come after you twelve months down the line & you have since moved, I think you would have a very good chance of coming after them for compensation. One of our rights under the Act.

    Also, if they are going after people using old information, why don't these people get the Information Commissioner involved.


    A nice hefty fine from her might make them think again

    The issue here is that the PPC ONLY knows that one address unless told otherwise.

    What must be addressed is how they can take people to court and get a default because the person did not attend.
  • steve1500
    steve1500 Posts: 1,438 Forumite
    First Anniversary Combo Breaker First Post
    beamerguy wrote: »
    The issue here is that the PPC ONLY knows that one address unless told otherwise.
    .

    Yes, but the important bit of the Act is the up to date bit

    What has also been mentioned on this thread is their uncanny ability to find the correct address once they have got their default judgements.

    The ICO has been issuing fines, like they are going out of fashion at the moment, to cold call companies.

    One of the defences put forward was, at some point in the past, the individual had agreed to cold calling.

    That didn't wash, ICO said you should have checked that the information was up to date
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • Herzlos
    Herzlos Posts: 14,685 Forumite
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    Yeah, it's easy enough for them to confirm the details are up to date, before starting court action, even if you had an initial response.

    Of course, forcing them to take court action within a reasonable time frame, like 6-12 months, would make it far less of an issue.
  • TDA
    TDA Posts: 268 Forumite
    steve1500 wrote: »
    Yes, but the important bit of the Act is the up to date bit

    What has also been mentioned on this thread is their uncanny ability to find the correct address once they have got their default judgements.

    The ICO has been issuing fines, like they are going out of fashion at the moment, to cold call companies.

    One of the defences put forward was, at some point in the past, the individual had agreed to cold calling.

    That didn't wash, ICO said you should have checked that the information was up to date

    No.

    The data protection principles referred to in the DPA don't apply to disclosures made in connection with legal proceedings under Part IV, section 35 of the act.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    TDA wrote: »
    No.

    The data protection principles referred to in the DPA don't apply to disclosures made in connection with legal proceedings under Part IV, section 35 of the act.



    and such a simple amendment , could stop the fake CCJ fiasco in one fell swoop
    Save a Rachael

    buy a share in crapita
  • TDA
    TDA Posts: 268 Forumite
    pappa_golf wrote: »
    and such a simple amendment , could stop the fake CCJ fiasco in one fell swoop

    Not a simple amendment at all. You can't simply remove this clause from the DPA. It is there for a very good reason - court proceedings would become untenable if parties were unable to disclose documents (or request disclosure from third parties) because they would be in breach of the DPA in doing so.

    This is just one unfortunate consequence which would be better dealt with by reform to the default judgment procedure, not amendment of a highly important and wide reaching section of the DPA.
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