Jump to content


  • Tweets

  • Posts

    • For a number of years a girl has been evading rail fares and giving my name and address also my daughter’s name and address and my husband’s name and address changing his name from Eric to Erica. We have contacted the police before who said there Was nothing they could do. This has happened about eight times with different rail companies each time it involves making a number of calls sometimes having to reason with debt collection agency.  When letters started arriving again with my surname wrongly spelt I returned them with not known at this address. However I then received a letter from the Bailiff with my correct spelling of the name and now also correct date of birth (previously they had the wrong date of birth) and i now know that this has gone to a court and I was found guilty even though it was not me who made the train journey. I have had to apply to the court for the case to be reopened, and I can prove that at the time I was at the opposite end of the country. The date of birth given by the offender was 25 years younger than mine so she’s obviously a younger girl. However I am worried that this will affect my DBS. I work as a carer on minimum wage and cannot afford to lose my job. Apart from which the stress and anxiety this causes every time is immense. I often have to make phone calls using higher than normal cost  0300 numbers to try to resolve this.  Surely the train company Arriva north should have some responsibility for confirming the identity of a person invading a rail fare. It seems that you can just give any name taken from the electoral roll without having to show ID. Would I have a case against arriva for putting me in this situation? It’s also confounds me that when the matter goes to court they then check on a database for the correct spelling of my name and the correct date of birth, and so the first thing that was sent to me with my correct details was the fine from the court. Previous to that there were letters in effect addressed to a different person with a wrong spelling of my surname.I know it is illegal to open letters belonging to another person. Although I suppose I could reasonably expect it might of been for me because the name was out by one letter. I certainly don’t want to pay the £250 fine. This is been going on for some five years.  My daughter has a whole file of letters.  Sometimes train companies have responded by adding a password so that when the person gets stopped they have to give a secret word. But the offender is doing this all around the country and there are many different rail companies involved. However this is the first time I believe it has gone to court
    • Hi Guys.    In 2016 I had a PDL with The Money Shop.   Due to financial difficulty I stopped paying it in January 2017.   Recently out of the blue I started receiving emails from CRS about the debt. They were duly ignored.   Within them was an email about sending me a Letter Before Claim (they didn't) as well as a couple of repeated emails about the implications of a CCJ. They have my address and I haven't moved since the debt was accrued.    A couple of days ago I received a letter from AJJB Law being very disappointed in me for not replying to CRS and telling me that their client is entitled to possibly pursue proceeding without further action.   Usually I would send an IRL claim to InstantCashLoans, but with them in the hands of Administrators that is no longer possible.   Also worth noting that on my credit file the debt is marked as owned by ICL - Trading as TheMoneyShop. This has been marked as 'Delinquent' every month since Jan 2017. There is no default registered.   So, whilst I am kind of sure that I'm still safely in the 'ignore these chancers' category, I was wondering if anyone had any advice on if I should perhaps tackle this in a different way?   Also, if the debt on my credit file is just marked as delinquent when will it fall off, if ever? 
    • These letters relate to very historic  collection/recovery "service failures" concerning current accounts, credit cards and loans   I have not had an account or debt with HSBC since 2008 My gut feeling is that it maybe connected to the use of their fake inhouse  collectors  Payment Sevices (PSB), Metropolitan and DG Solicitory but I will know more when they reply to my letter demanding details
    • Short update.Received an acknowledgement letter from PRA re SAR request. They say the will respond to my request by December 17th 2020.
    • I think I just have to clarify what my site team colleague said above. It's not only a question about being aware – you also must have asserted your rights within the first 30 days. Send them an email straightaway. Refer to your short-term right to reject the vehicle under the consumer rights act and that in view of the defects which have manifested themselves, and you are asserting your right to reject and you are rejecting the vehicle and that they should make arrangements to collect it or receive it from you and to refund your money. You must do this straightaway. Meaning tonight. Don't hang around Even if you feel that you might want to hang onto the car, you should assert the right to reject in order to reserve your position. Once you have done that and come back to this thread and tell us more about it. In particular, who is the dealer? Have you had on exchanges with them about this? What have they said? Where is the vehicle now and what is its condition?   In fact I see the you had the day wrong. You said it was yesterday – which was 1 December. Assert your right to reject now – by email. You don't want to get into some kind of argument about whether it was this day or that day. Put it beyond question and assert your right now. Then afterwards we can discuss your situation
  • Our picks

Subject Access Request Problems


Please note that this topic has not had any new posts for the last 4777 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dear All

I made a request under the data projection act subject access report for all infomatiom to be sent to me relating to myself in any medium to my housing association landlord. I believe am entitled to a copy of the information.

My housing association has responded giving me a copy of their policy to invite me to view the record in the presence of the Area Housing Manager at their Head Office and that wherever possible photocopying facilities will be made available. I have had a quick but not detailed look at their policy document and it says that the Data Protection Act gives individuals the stautory right to see and check details about themselve that are held in the form of computerised data and that for tenants of local authorities this extends to manual records under the Acces to Personal File (Housing) Regulations 1989.

I do not know much about the data protection act, however, I was of the understanding that it allowed me to receive copies (ie photocopies) of all information in any form, be it emails, letters, internal memos etc.

I want to send them a letter saying very simply.

RE your letter.

The Data Protection Act works at a level above you own policies, please send me all information as per my request dated -- -- -- under the act as per my letter. If you require any further information on how to comply with my request I refer you to the Act. Please comply within the time period allocated under the act.

Regards

 

DOes anyone know where I stand please?

Any help greatly appreciated

Thanks

Ricklee:confused:

Link to post
Share on other sites

Without looking in any detail at the Act to check for any specific exclusions relating to Housing Associations, I think you are right. I have been in a similar situation with a health centre, who offered a patient the opportunity to see her record and photocopy it. I contacted the Information Commissioner, and was advised that this is inappropriate; the organisation to whom the request is made must produce the copies, within 40 days, and they must be legible - this includes providing a decode of any abbreviations used. Apart from anything else, the Data Protection Act allows the data controller to redact some information, and they clearly can't do this if they are allowing individuals to see the original records.

 

Some organisations try to avoid a proper S.A.R - (Subject Access Request) by saying that you can view/copy documents at no charge, suggesting that copies they provide will cost a lot. The maximum they can charge is £10 - they aren't obliged to charge anything.

 

Try something like:

 

Dear Sirs

 

I refer to the Subject Access Request I submitted to you on (date), and to your reply dated (date).

 

From your reply, it appears that you have misunderstood what I have asked for. The Data Protection Act 1998 requires you to provide me with legible copies of all data held in relevant filing systems. As you know, statute law takes precedence over your internal policies, and I would be grateful if you would therefore ensure that the data I have requested is provided within the statutory time limit.

 

If I do not receive the data within the statutory time limit, which ends on (date), I will make a formal complaint to the Information Commissioner.

 

Yours etc.

 

If they don't comply, make a complaint to the Information Commissioners Office, who will usually write to them and tell them they must comply. Alternatively, if you get no data or more waffle, you can send a letter before action which will inform them that you will go to court for an order forcing them to disclose the data, and for damages at the court's discretion.

Link to post
Share on other sites

If you look at the act s8:

 

(2) The obligation imposed by section 7(1)©(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless—

(a)

the supply of such a copy is not possible or would involve disproportionate effort, or

 

(b)

the data subject agrees otherwise;

 

and where any of the information referred to in section 7(1)©(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.

 

 

incidentally

7(1)© reads:

 

to have communicated to him in an intelligible form—

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Thanks a lot people, its very kind of you to be of help. This is what I think so supports what I wanted to say.

ScarletPinpernel, thanks for the letter suggestion, it is very good, very much like one I had already drafted but better.

What a great communitty this is.

Regards and thanks,

Ricklee

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...