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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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GDPR SAR Medical Records to GP - failed twice - help


MrSmithers
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  • 1 month later...

I put a request in (handed in at doctors so no proof of post) about 7/8 weeks ago now and have heard absolutely nothing back, not even a letter to say it would take longer than the required time frame. Any advice on how to proceed please?

 

Thanks.

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  • 2 weeks later...
  • 3 months later...

Again after posting this in via recorded mail i have heard nothing back. The original letter was handed in around August and then posted in on the 8th November.

 

Is this normal? Has it happened to anyone else?

 

I dont know whether i should ring the surgery to complain, the NHS or even their watchdog?

 

Thanks for reading.

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retitled and moved to the NHS forum as data protection is a bit low on readers

 

this might help too:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?391996-NHS-GP-SAR-Guide-to-Obtain-a-copy-of-or-view-your-patient-records-Updated(7-Viewing)-nbsp

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ICO say you should send a formal complaint to the GP about them not responding to the SAR and if that too is ignored refer it to the ICO.

 

https://ico.org.uk/your-data-matters/raising-concerns/

 

 

I'm not sure whether there would be any benefit in copying that to anyone else in the NHS. GPs are independent contractors, not NHS employees, so it's really only the GP you can pursue for the information they hold.

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I suggest that you start off by reading this post https://www.consumeractiongroup.co.uk/forum/showthread.php?492106-Npower-2-year-nightmare-Please-help&p=5170199&viewfull=1#post5170199 which I put up about the failure of GDPR and what you can expect from the ICO

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Thank you for the replies.

 

Im going to start off with the formal complaint to the surgery.

 

Is there any reason why i should not email this in rather than submit a letter? Im thinking emails leave a better trail then letters.

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never use email

you need a verifiable PAPERTRAIL

1st class mail with free proof of posting from the PO counter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Would you mind telling us why you are asking for the data.

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Okay. For whatever reason you seem to be constrained by fairly unsocial hours. This means that it is rather difficult to help you with your problem.

 

However, I would suggest that a fairly effective way forward would be to identify the data controller, make sure that you have sent your SAR to that data controller and if everything has been done correctly, then to threaten to bring an action for breach of statutory duty. I'm not sure how it works in the NHS. If the data controller is the GP practice that you are dealing with then I would have thought they would be anxious to avoid a judgement for breach of statutory duty because they will be obliged to report it to the GMC. This would cause them huge problems.

 

So, can you confirm the validity of your SAR and of the data controller you sent it to and let us know who that is.

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So, can you confirm the validity of your SAR and of the data controller you sent it to and let us know who that is.

 

Sorry if its a stupid question but how do you mean?

 

I copied the new SAR request from these forums and edited slightly (copy attached) for my needs, got them signed and then they were handed in and later posted to the surgery.

 

Thank you for the help by the way.

gp sar.pdf

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When you are contemplating this kind of action it is best to be very prepared and to doublecheck at every step. You don't want to be in a position where you issue proceedings and then suddenly find that there is a viable defence on the basis of some technicality.

 

Who is the data controller? Have you discovered this? I don't know how NHS records are controlled under the data protection regime. Is the data controller within the practice or is it some more generalised NHS data controller.

 

You need to check this and be absolutely certain. I suppose it might even be possible that you haven't sent your SAR to the correct person – in which case the SAR would not be valid.

 

I'm recommending this caution for your sake because it will be you who will suffer the humiliation of a defeat and also the loss of a claim fee – however little that might be. Much better to make sure that all your ducks are in a row and then you can go in heavy.

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A quick thought on this one - you say that the request is on behalf of a family member. My initial thinking would be around whether or not you’re entitled to that information, whether or not the practice has received separate instruction from the data subject and whether or not you have the data subject’s consent to access their data in a form that is easily agreed upon and demonstrated to the data controller. It’s very unusual for no response to be made at all but I have dealt with requests where the patient has expressly told us not to provide any information about their care to family members. Another added complication can be in instances of family break ups where vexatious requests are made to try to gather information to undermine the other party.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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  • 2 weeks later...

Sorry for leaving this so long...

 

I had a good search the other day because i was sure i had used this site to identify who i should have sent the SAR to in the first place but couldn't find anything here or elsewhere. Im certain i was helped somewhere with this bit and that the Doctors Surgery was the place to contact because i wanted copies of everything.

 

I think at this point i would like to just contact the doctors surgery anyway as im sure any answer to a complaint will be putting me in the right direction.

 

With regards to permission the SAR i wrote up was addressed from and signed by the relevant family member.

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  • 4 months later...
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