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    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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My Monument(al) Journey


Dave J
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Hi all,

 

Monument have requested £5 for each statement following my DPA request. I am hoping my request is useful to someone.

 

Data Protection Act disclosure request

 

 

Dear X

 

ACCOUNT NAME: X

ACCOUNT NUMBER: X

YOUR REFERENCE: X

 

 

Thank you for responding to my initial letter.

 

Please be advised that I am not willing to pay £5 per statement for complete records of the information you hold about me. I can only presume you are unaware of your obligations under the Data Protection Act 1998 that you must provide information held of a personal nature within 40 days of a request. If it is of any help to you I have provided a link to a website which will inform you further of your legal obligations.

 

http://www.opsi.gov.uk/acts/acts1998/19980029.htm

 

If you are in any doubt whether or not statement information is construed as personal data I refer you to the case of Durant v Financial Services Authority [2003] EWCA Civ 1746

which qualifies that this information is indeed applicable.

 

In order to waste no further time I have included a cheque for £10 which you are entitled to charge for administration purposes. You have 27 days remaining to provide the information requested in my initial letter after which I will and without further warning, report back to the Information Commissioner a flagrant breach of the Act.

 

Yours sincerely,

 

X

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  • 1 month later...

Hi Loula,

 

Nothing back yet, i will call them tomorrow and let you have an update. If i'm not successful i will proceed with an estimate.

 

I had a good look through the IC's website but i don't think they're a very heavy handed bunch. I may or may not report them I haven't decided yet.

 

Thanks for your interest

 

Dave

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I called them, spoke to a nice girl who didn't know what i was talking about. Received a call telling me the person i need to speak to will call on Monday. Not that impressed but good enough for now. I WILL get my money back from these charlatans!

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Your letter is very good and I hope you get the information you require as soon as possible.

 

Just a quick question - you say in your letter that you are sending the cheque in order to waste no further time. Did you send the cheque to them originally, with your first Subject Access Request?

 

The reason I ask is that the 40 day timescale starts ticking as soon as the company is in receipt of both the written request and the fee.

 

Good luck with your fight!

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Joanne unfortunately i did not send the cheque initially however that particular letter was dated 20th March which means they are on day 36. I can't see the data coming in the next 4 days anyway, they don't have a clue whats going on.

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Well how wrong was i, my data arrived today just found it after coming back from work. Something extremely interesting has come to light.

 

I'll paraphase the cover letter from Emma Fairchild

 

"Please find enclosed statements dating from 10th December 2003 until 10th April 2006 as requested. Due to a technical problem I have been unable to obtain statements dated from June 2003 (when the account was opened) until December 2003 but would like to reassure you that no charges were applied to your account during this period"

 

Well unlucky for them i was routing through an old drawer last week and found a few of my various statements from a while back.

 

Yes you guessed it statements from BOTH 10/03 and 11/03 in which charges WERE applied.

 

Therefore the data subject request is a lie. I have paid for this information and do not expect to be lied to.

 

What is my next step? Surely this is very serious indeed?

 

A fuming Dave J

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Yummy. It's nice when the banks made mistakes as it then generally means that the fight becomes much easier.

 

How much are the charges and how much are the charges which you have just discovered

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Hi guys thanks for your response,

 

The charges on the statements they have sent me are £140, there are 2 charges of £20 separately on the 'hidden' statements in my possession. I am unaware of the charges on a further 3 (possibly 4) statements.

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Write them an abrupt letter requiring an explanation of the "technical problem" which prevents them from dislosing the missing statements and if they do not have this information how can they know that there are no charges. Don't let on as to what you have discovered for the moment. Send your letter recorded.

 

tell them that clearly their letter shows that they do have the nformation and therefore yo consider that they are obstructing your SAR which is a statutory right under the DPA

  • Confused 1
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I've written a letter on your advice BF, this will be sent tomorrow by recorded delivery.

 

 

Following receipt of your letter and requested information of the 21st April 2006 I am disappointed to see that due to an apparent technical problem you are unable to produce full information held about me under the Data Protection Act 1998.

 

I’m sure you can understand the difficulties I face in understanding the situation. You claim that you are unable to obtain statements dated from June 2003 yet are keen to point out with confidence that no charges were applied in the period. It does beg the question how you can possibly confirm this without looking at the ‘unobtainable’ data?

 

I suggest the Information Commissioner would have similar difficulties understanding your obvious obstructions to my full Subject Access Request especially as it is clearly my statutory right to do so under the Act.

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  • 3 weeks later...

I received a letter back with some excuses along the lines of

 

"our system was down, we searched for the wrong thing etc etc."

 

Anyway i now how all statements together with an apology, maybe they are reading this post right now?!

 

Prelim letter on the way £220 + £60 interest

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  • 1 year later...
The 40 days were up on Wednesday 12th. Cheque was cashed 28th March and credited to my account (fools)

 

Hi,

 

Could I possibly ask to see a template type letter of your dealings with the IC ... I am STILL awaiting a reply to my DSAR request from 3 months ago ... I've lost patience with Monument .... I'm currently searching through this website for other Monument experiences. Thanks

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I received a letter back with some excuses along the lines of

 

"our system was down, we searched for the wrong thing etc etc."

 

Anyway i now how all statements together with an apology, maybe they are reading this post right now?!

 

Prelim letter on the way £220 + £60 interest

 

Hi, what was your outcome please?

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  • 11 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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