So we terminated our account with Octopus and got a confirmation of the balance owed via email. We then got 'to the occupier' letters each month. Just today we received this letter from Churchill DCA. Unbelievable. Not only have Octopus breached GDPR by holding our data after the agreement has been terminated, but they sold it to a DCA... and it gets funnier... the DCA is applying for a warrant of entry to fit a new meter. I used the GDPR bot to generate a draft which I've tailored attached. I'm not intending to go to the hearing as it will be a sham like last time. Please can you advise or comment? @Dave DimeBar can you make the notice stronger? many thanks all...

Depending on the circumstances, we will decide whether or not to take action against the organisation and what form our action will take. We do this by taking an overview of all concerns that are raised about that organisation with a view to improving their compliance with the data protection framework. Our decision will not affect your ability to enforce your rights through the courts. Your complaint My understanding is you are concerned you did not receive the information you requested in your subject access request (SAR).Please note that when you submit a subject access request (SAR), you are only entitled to receive copies of your own personal data. The data protection legislation considers personal data to be data that identifies you as a person. We have more information on what is personal data on our website, although this is aimed at organisations you may find this useful. Therefore, when you submit a SAR you are not necessarily entitled to receive copies of full documents. Rather, you are entitled to receive copies of your personal data contained within the documents held.Although the UK GDPR gives an individual the right to make a request to an organisation for copies of the information that is held about them, it does not require an organisation to provide copies of an original document, such as a deed and notice of assignment.I note that you wish for a copy of the deed of assignment as part of your SAR but please be aware that CF are unlikely to supply this document. This is because it does not identify you (either directly or indirectly) and so would not be considered your personal data under the UK GDPR. However, you will be informed of the passing on of your debt by the original lender as covered in the terms and conditions of your contract. If you feel the debt was not owed to the original lender then you should raise this with them directly who will then confirm this to CF. It is the responsibility of the organisation to ensure that they have appropriate security measures in place to protect the personal data they hold. This is likely to differ depending on the type of request or issue being dealt with. The UK GDPR does not define the security measures that organisations should have in place and we cannot provide a complete guide to all aspects of security in all circumstances.

📝 “Your Honour, the Claimant has not produced an absolute legal assignment within section 136 of the Law of Property Act 1925. At best, what they have shown is an equitable arrangement. In law, that does not give them standing to sue in their own name (Van Lynn Developments v Pelias Construction [1969] 1 QB 607). "This is not a matter for ‘balance of probabilities.’ It is a statutory requirement. Unless they produce a valid absolute deed, the claim must fail.” ⚖️ The Law - “He who asserts must prove” → If the claimant says they own the debt, the burden is on them to prove it. - s.136 Law of Property Act 1925 → An absolute legal assignment must be: In writing, signed by the assignor; Notified to the debtor. - Jones v Link Financial [2012] EWCA Civ 1674 → If the debtor squarely disputes title, the claimant must show the actual deed of assignment. - Van Lynn Developments v Pelias [1969] 1 QB 607 → Without an absolute assignment, the claim cannot be brought in the assignee’s own name. So: No absolute deed = no standing to sue. ⚖️ Where Judges Slip Into “Balance of Probabilities” - Civil courts always use the balance of probabilities standard (more likely than not). - If a claimant shows a Notice of Assignment + some correspondence or payment records, judges often accept that as “enough proof” they own the debt. - Unless the LiP pins the judge back to the legal requirement of s.136, courts sometimes treat it as an evidential issue rather than a statutory bar. 🚨 Can a Judge Decide “Balance of Probabilities” Without an Absolute Deed? This question comes up all the time in debt buyer cases, so let’s set it out clearly for everyone here ⚠️ Why That’s a Problem - If the deed produced is shown to be non-absolute (forward flow, buy-back clauses, missing schedules, etc.), then it is at best an equitable assignment. - An equitable assignee cannot sue in its own name. - If a judge rules “on balance of probabilities they own it” despite the deed being defective, that is not just a weighing of evidence — it is an error of law. - That makes the judgment unsafe and appealable.

Received a response from Wescot about a Barclays credit card. Just posting for peoples thoughts and feedback. Much appreciated.

1. Do we have to quote the exact words + paragraph number? - No: A litigant in person can absolutely cite a case by name and year, and explain what principle they rely on. Judges are expected to know the law or to look it up! ...But judges don't. - If you want to persuade strongly and avoid a judge brushing you aside, quoting the exact paragraph and wording is far more effective. 2. Why exact quotes matter - Authority: Judges respect precision. “Your Honour, at para 32 of Jones v Link [2012], Rimer LJ held that a notice is only evidence and does not prove assignment if challenged.” That sounds like you’ve done the work and anchors the judge. - Clarity: If you only say “the case says they must show the deed,” the claimant can argue you are oversimplifying. If you produce the words on the page, the judge can’t ignore it. - Appeal-proof: If you later appeal, you can show you directed the lower judge to the precise ratio decidendi (the holding). That strengthens your appeal ground if the judge still ignored it. 3. What happens if you don’t have the paragraph? - The judge might still listen, but could say: “I’m not persuaded the case goes that far.” - The claimant may counter with dicta (soft comments) from the same case and the judge might prefer their reading. - Without the page/para reference, it risks being “your interpretation” rather than the law’s wording. 4. Best Practice for LiPs - Case Name + Year: Always include. - Court: Court of Appeal, House of Lords, Supreme Court (binding), High Court (persuasive). - Exact Paragraph/ Page: Strongly recommended. Bring a printout with the relevant para highlighted. - Holding vs Dicta: Point out: “This was the ratio (binding part). Other comments were obiter (dicta).” ✅ Bottom Line - You can cite without exact wording — but it’s weaker. - The gold standard: case name, year, court, and exact paragraph wording. That way you control the narrative and stop the claimant twisting dicta against you.