DCBL Enforcement notice

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cornishcolin
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Joined: 14 Feb 2017 12:27

#1 DCBL Enforcement notice

Post by cornishcolin » 24 Feb 2017 17:02

I would like to say a big thank you to Jason. I went to Court today to have a High Court Writ & Enforcement notice set aside. The High Court writ was on a Dormant Limited Company which I own but don't Use. DCBL KNEW that this Writ was wrong and at the wrong address. Thank God I spoke to Jason. I now need to find out if I can claim for the £255.00 for the N244 form I had to submit for todays hearing. Plus any other expense's as the creditor lied in Court today. I would also like to know if I can sue Brinkworth Films and DCBL for coming to the wrong address and to a company that was dormant. Thanks Jason

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Schedule 12
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#2 Re: DCBL Enforcement notice

Post by Schedule 12 » 24 Feb 2017 17:06

You can ask for the N244 costs because you were not the party at fault. You recover it from the creditor, and the creditor can recover it from DCBL if he was wrongly advised by DCBL to transfer up and enforce a null judgment.

You can only sue Brinkworth Films Ltd if the footage is broadcast after you gave them a Section 10 Notice to comply. The award is for a "sum to be decided by the court". You have to plead as much aggro as you can, especially if the attendance was invasive or Brinkworth Films Ltd in vexatious in their attitude responding to your Section 10 Notice. You may get the notorious Sue Crook angry letters. I've seen several of them, and we just give them in evidence.

You did well to attend in person and get the writ stopped.
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Author: dealingwithbailiffs.co.uk

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Amy
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#3 Re: DCBL Enforcement notice

Post by Amy » 25 Feb 2017 09:16

Well done Colin, glad you got it sorted.

x

cornishcolin
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#4 Re: DCBL Enforcement notice

Post by cornishcolin » 25 Feb 2017 13:07

Thanks Amy and for putting me in touch with Jason

cornishcolin
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Joined: 14 Feb 2017 12:27

#5 Re: DCBL Enforcement notice

Post by cornishcolin » 03 Mar 2017 12:13

Hi Jason. Today I received a letter from Susan Crook Brinkworth Films. I wrote to them as you suggested and sent the Section 10 notice. The reply was "Can't pay we'll take it away follows the work of High Court Enforcement Agents who enforce writs which have been through the legal process. We follow and film what happens and are permitted, as journalists, to do providing we comply with applicable law & regulation.
It is denied that our continued processing of your personal data would cause you "unwarranted and substantial damage or distress". YOUR REQUEST TO CEASE PROCESSING YOUR PERSONAL DATA is, therefore denied".
I did as you know have this Writ stayed/set aside etc because it was the wrong company and wrong address. Advice please Jason would be greatly appreciated.

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Schedule 12
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#6 Re: DCBL Enforcement notice

Post by Schedule 12 » 03 Mar 2017 14:20

You now ask the ICO to make an assessment.

You enclose a copy the section 10 notice and their reply, and the ICO can make an assessment under section 42 of the 1998 Act.

Start by calling the ICO helpline 0303 123 1113 and they can show you what's needed and where to send it.

Brinkworth's data controller has made a factual error by saying It is denied that our continued processing of your personal data would cause you "unwarranted and substantial damage or distress" The law does not give the data controller a discretion to challenge a section 10 notice. The data controller must comply unless he is exempt under Part IV of the Act.

The same Data Controller questioned another section 10 by saying the personal data is exempt because it is "journalism". The ICO investigator dismissed it because the material is entertainment and failed qualifying test to be classed journalism under the Broadcasting Act.

Can you email me a copy of Brinkworth's reply. For the file.
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Author: dealingwithbailiffs.co.uk

cornishcolin
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#7 Re: DCBL Enforcement notice

Post by cornishcolin » 03 Mar 2017 17:21

Will send copy from office on Monday. Thanks Jason

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