S.A.R. advice - new angle?

[hannabarbera]

I had one of the heavier DCAs contact me chasing around 10k after I frustrated the hell out of the OC. The DCA then seemed to suddenly go quiet after less than 3 months before they had even got warmed up. Then another DCA starts chasing me.

 

I haven't made a payment for best part of a year after ending a 5 year old DMP to try and force some reasonable F&Fs by playing hardball.

 

Now I did the CCA etc with the first DCA and think it is borderline that this debt is enforcable. Is there any value in sending a S.A.R. to the first DCA and is it likely that there may be any information in what they send me which may show that they decided it was unenforcable too, so sold it on in a hurry?

[Curlyben]

Remember the rule of thumb

CCA - DCA

S.AR - OC

 

So send it to the OC, get the charges and the go for F&F on what is left.

 

Can you scan and post the "agreement" and we'll have a look see.

[hannabarbera]

I'm not doing the S.A.R to get the statements to challenge charges, I am looking for any correspondence, notes or advice that they may have recorded that made them decide the debt wasn't worth chasing, so they sold it on.

 

If I push, what sort of other information /documents must they provide in response to my S.A.R. I've looked at S.A.R advice in general, not just relating to debt collection, and the information that has to be provided seems quite extensive.

 

I've also wondered about sending a S.A.R to some of these solicitors, maybe if they keep electronic records of advice they have given to clients about me, they will have to provide it?

[pt2537]

As Ben advised , it would be prudent to post the agreement if you can, that way we can scrutinise it and asses if its legitimate

 

it is unlikely that a DCA will disclose such information to you and to be honest how would you know that they dont feel the debt is enforcable? have they told you this?

 

 

itis not unheard of for DCAs to pass debts on to others to collect

 

 

regards

paul

[Seahorse]

Doubtful you'd get much from a DCA to be honest. The OC will be the one to target as CB says. THAT's where you'll get the ammo to offer a F&F. Or as I like to think of it, a Take It or Leave It.

 

Basically, a SAR SHOULD (but doesn't always. Naughty, naughty.) show every scrap of information they have about you. If a piece of data can identify you personally, the DPA says they have to give it to you.

[rory32]

Basically, a S.A.R - (Subject Access Request) SHOULD (but doesn't always. Naughty, naughty.) show every scrap of information they have about you. If a piece of data can identify you personally, the Data Protection Act says they have to give it to you.

 

I'm afraid that's not quite true SH.

 

In the Durant v's Barclays Bank case Lord Justice Auld said of the access right:

 

"It is not an automatic key to any information, readily accessible or not, of matters in which he may be named or involved. Nor is to assist him, for example, to obtain discovery of documents that may assist him in litigation or complaints against third parties."

 

He continued:

 

"It follows from what I have said that not all information retrieved from a computer search against an individual’s name or unique identifier is personal data within the Act. Mere mention of the data subject in a document held by a data controller does not necessarily amount to his personal data. Whether it does so in any particular instance depends on where it falls in a continuum of relevance or proximity to the data subject as distinct, say, from transactions or matters in which he may have been involved to a greater or lesser degree."

[shane5408]

I'm afraid that's not quite true SH.

 

In the Durant v's Barclays Bank case Lord Justice Auld said of the access right:

 

"It is not an automatic key to any information, readily accessible or not, of matters in which he may be named or involved. Nor is to assist him, for example, to obtain discovery of documents that may assist him in litigation or complaints against third parties."

 

He continued:

 

"It follows from what I have said that not all information retrieved from a computer search against an individual’s name or unique identifier is personal data within the Act. Mere mention of the data subject in a document held by a data controller does not necessarily amount to his personal data. Whether it does so in any particular instance depends on where it falls in a continuum of relevance or proximity to the data subject as distinct, say, from transactions or matters in which he may have been involved to a greater or lesser degree."

 

 

Rory,

 

I've been trying to remember the name of that case for weeks now, thankyou very much for jogging my memory:D

[pt2537]

shane if you want the text of the Durrant case i can send it accross to your email in the morning?

[shane5408]

shane if you want the text of the Durrant case i can send it accross to your email in the morning?

 

you're a mind reader paul, was just about to send you a PM! cheers mate.

 

regards,

shane