Tim:
I'm mildly surprised you were able to use Money Claim Online,since (it
seems to me) that you would be claiming for an 'unspecified amount not
exceeding <some convenient amount>' (where 'convenient amoubnt is £1
less than the next court fee band up) rather than an exact sum.
This was why I have always downloaded the N1 pdf file and posted
it to my 'local' Court on the 2 or three occasions I've
issued a Claim Form for damages (most notably in the Data Privacy
Regulations claim).
No matter .. I'd be most interested to see their reaction. And I'm sure
you'll keep us all informed.
I suspect (given the reporting of the Ryanair claim last week (which
wasn't DP related) that mere issuing of a Claim could result in
extremely bad national publicity for them . . .
I can see them using the opt-out box and consent as the principal plank
their defence....
Nigel Roberts
Tim Trent wrote:
> Again because so many have asked me for progress reports, I have now
> started the process through HMCS "Money Claim Online" to issue papers
> against the North East Surrey Crematorium.
>
> I asked the UKIC yesterday whether I should w]await their ruling
> before I sued. They said "Go ahead and sue." Note that they did NOT
> advise me over my likelihood of success, nor did they comment on my
> intention to sue.
>
> I have no intention of profiting personally from this. If you look at
> http://www.justgiving.com/connie_trent you will see that my mother
> supported a charity and that we have used her death as a conduit for
> funds into that charity. I have always stated that the money I wish
> for in compensation is limited to the fee for the cremation (£370) and
> that this sum will be paid to the charity.
>
> The papers are now being validated by HMCS. This happens on Monday.
> If I have done it correctly then they will serve papers on the North
> East Surrey Crematorium immediately thereafter.
>
> It should never have come to this. And that is the point for us all.
> When we get a complaint it is not valid to marshal our defences
> instead of looking at the complaint through the eyes of the person
> complaining. We may not be right, we who complain. It may be
> necessary to say to us "No, your complaint is invalid". It may be
> that this is the considered view of the crematorium's board, too. I
> must not forget that they may be correct.
>
> I must also not forget that the court may find against me.
>
> I'm not expecting much now for several weeks. Somehow I am expecting
> the crematorium to defend the action.
>
> Tim Trent wrote:
>> Eventually, today, I received in the post the answer to my complaint,
>> which they have rejected
>>
>> They consider:
>>
>> 1. A contract existed between us because of the official form I had
>> to sign to authorise a cremation
>> 2. The opt out box was valid and in plain sight
>> 3. That this is what they do, so they have done it and will
>> continue to
>> 4. All they acknowledged is that they had not notified.
>>
>> I now have the opportunity to go to the ombudsman (I will be), to sue
>> them (I will await the formal UKIC complaint response before doing
>> that in the hope that it will give more power to my complaint)
>> --
>> ------------------------------------------------------------------------
>>
>> *Tim Trent* - Consultant
>> */Tel/*: +44 (0)7710 126618
>> */web/*: ComplianceAndPrivacy.com <http://complianceandprivacy.com> -
>> where busy executives go to find the news first
>> */personal blog/*: timtrent.blogspot.com/
>> <http://timtrent.blogspot.com/>
>>
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