Subject Access Request overdue?

[Dhimmiwit]

Bit of advise needed here:?:

 

The cheque for £10 made payable to Rossendales was cashed on the 23rd July according to my bank statement.

 

It is now the 3rd of September. I make that 42 days

and I have not yet received my SAR documents and wave files of telephone conversations recorded at their Rossendale offices.

 

I also politely requested further information that did not fall under the SAR to be dealt with within 10 days in line with the ESA's code of practice, but to no avail.

 

 

I copy/paste the relevent Emails pertaining to the SAR here-

On 15 July 2010 12:01, Enquiries Rossendales wrote:

 

Good Morning Mr *********,

 

I acknowledge receipt of your email of 14th July 2010.

I can confirm that upon receipt of your cheque to the sum of £10.00 in respect of your SAR, the requested information will be collated and forwarded to you.

I must ask that you note that Rossendales have 40 days in which to provide this information, however I do not envisage that the full time frame will be required.

For ease of reference I will address any additional queries raised in your latest correspondence at the same time.

 

Yours sincerely,

 

*************

 

 

To which I replied-

 

 

On 18 July 2010 21:01,

 

18th July 2010

 

Your Ref ***********************

 

My Ref: **************

 

 

Dear *******,

 

Thank you for E-mail of 15th July.

 

I appreciate that collating the SAR may take up to 40 days, therefore please may I request that the additional queries/complaints raised in my E-mail of 14th July 2010 are dealt with by the 25th of July 2010, that is to say, 10 days following your receipt of my complaint in line with the ESA's code of practice.

Again, I thank you for your patience.

 

Yours sincerely,

 

*************

 

Should give them a few more days? This saga is becoming rather protracted as it is.

 

cheers guys

[maroondevo52]

I would, then fire off the Non -complience letter.

[Dhimmiwit]

I would, then fire off the Non -complience letter.

 

Is there a template Non compliance letter that I can butcher for my own needs? 8-)

[maroondevo52]

Is there a template Non compliance letter that I can butcher for my own needs? 8-)

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

[Dhimmiwit]

Thank you maroondevo52, I particularly enjoy and will adapt the following-

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

I also found this template which could be useful-

 

 

Come on you cowards, I dare you to be honest! Send me every little bit of info you have on me including wave files and transcripts of the rude lady at your call center who laughed at me and my attempts to contact and negotiate with you to settle the account.

Have the courage to try to explain the charges that you charged when you were committing fraud on behalf of Pendle Borough Council.

Please explain why, although you are members of the ESA, you fail to adhere to its guidance.

 

Yours ***************

[ploddertom]

They will no doubt tell you it was sent out on XX Date & when you ask for a copy they will tell you they can't do that, then put straight in for non-compliance but be warned it is not as easy as it appears.

 

PT

[Pendle_dad]

Hi - I've just tried to look at the templates but the page keeps asking me to log in (even after I've logged in)... I'm a new member, is there a set amount of time between joining and being given access to these areas ?

[fork-it]

I found making a complaint for non-compliance with the ICO totally inneffective. Several years ago I SAR'd a caravan park's debt collector Buchanan Clark & Wells over credit information it was trading in and unexplained fees. The company banked my £10 cheque but failed to deliver the explanation or the requested information. I only got excuses.

 

I made a claim in the small claims court for the unexplained fees and my costs. 5 months later I got judgement and I was refunded without further ado.

[wonkeydonkey]

I found making a complaint for non-compliance with the ICO totally inneffective. Several years ago I SAR'd a caravan park's debt collector Buchanan Clark & Wells over credit information it was trading in and unexplained fees. The company banked my £10 cheque but failed to deliver the explanation or the requested information. I only got excuses.

 

I made a claim in the small claims court for the unexplained fees and my costs. 5 months later I got judgement and I was refunded without further ado.

 

We have just done battle for non compliance of SAR it took some 16 months to get it into court and then we were faced with the otherside being represented by a Barrister while we were acting as litigant in person,, we found ourselves slightly floundering despite having spent hours studying the experts, but thankfully the DJ was not going to be outshined or intimidated and she fought our corner giving us a winner.

[tomtubby]

Is there a template Non compliance letter that I can butcher for my own needs? 8-)

 

What is a "wave file". I have never heard of this. What you should be asking for is a copy of the SCREEN SHOT of your account.

 

What charges have been made to you and what is the complaint that you have with Rossendales?

[seanamarts]

What is a "wave file". I have never heard of this. What you should be asking for is a copy of the SCREEN SHOT of your account.

 

What charges have been made to you and what is the complaint that you have with Rossendales?

WAV file is an audio file.

[Dhimmiwit]

What is a "wave file". I have never heard of this. What you should be asking for is a copy of the SCREEN SHOT of your account.

 

What charges have been made to you and what is the complaint that you have with Rossendales?

 

 

 

After further investigation I see that seanamarts is correct. This is part of a communication I received from Rossers that lead me to believe it was a "wave file" I was requesting-

 

 

 

"We note your request for a full transcription of your telephone call to our offices on the 18th March 2010. This can be provided as either a written transcript or emailed to you as a "wave file". Both of the above come under the remit of a Subject Access Request and require a fee of £10.00 towards our administration costs."[sic]

 

I personally would like both the wav file and the written transcript if they ever do deliver the goods. They can't deny that they have a recording of the call in question, as they used part of the transcript (which did not ring quite true in my memory of the call) in 'answer' to one of our early salvos.

 

I am disputing a total of £304 in charges for a liability order of £197.92. So far I have got £60.00 "waiting fee" (lol) back as their bailiff failed to keep notes of the time elapsed on her visit. She was there for a total of 12 minutes and my independent witness confirmed the fact.

 

The first and second visit fees may be ok but Rossendales claim that the first visit bailiff that delivered the letters is no longer employed by them, so they were "unable to confirm her certification details"

My friendly bailiff tried to charge an extra £60 for another visit £60 that Rossendales have continually failed to give a reason for plus threatened (in her own handwriting) that further unexplained charges would be "incurred with each visit"

[hallowitch]

The first and second visit fees may be ok but rossendales claim that the first visit bailiff that delivered the letters is no longer employed by them, so they were "unable to confirm her certification details"

 

 

what a load of bull that is

as you know all bailiffs must be certificated when the bailiff applies for his/her certificate they must pay a bond of 10k this is usually in the form of an insurance policy taken out by the firm of bailiffs that employ them

 

if the bailiff was self employed are they saying they did not confirm he was certificated before they employed him and failed to keep records of his certification after his employment commenced

[Dhimmiwit]

"what a load of bull that is

as you know all bailiffs must be certificated when the bailiff applies for his/her certificate they must pay a bond of 10k this is usually in the form of an insurance policy taken out by the firm of bailiffs that employ them

 

if the bailiff was self employed are they saying they did not confirm he was certificated before they employed him and failed to keep records of his certification after his employment commenced"

 

Yes, I know Hallowitch. The "first visit bailiff" is not on the bailiff register (if indeed she ever was). I suspect she may just have been an office girl running errands.

 

Also, during my exchanges with Rossendales, they claimed that the "enforcement bailiff" was on holiday during a particularly crucial and probing part of my complaint and were unable to interview her. I recently checked on the register and guess what? Mrs ****** was having her certificate renewed at that very date when she was "on holiday"

[fork-it]

We have just done battle for non compliance of SAR it took some 16 months to get it into court and then we were faced with the otherside being represented by a Barrister while we were acting as litigant in person,, we found ourselves slightly floundering despite having spent hours studying the experts, but thankfully the DJ was not going to be outshined or intimidated and she fought our corner giving us a winner.

 

That fits for cases claiming £5,000 or less.

[fork-it]

What is a "wave file". I have never heard of this.

 

A WAV file is an uncompressed Audio file. Telephone recording switchboards and call centres and business use the WAV format for storing telephone conversations with the public. "Calls may be recorded or monitored for staff traiining...

 

A member of the public whose voice has been recorded is entitled to a copy of the telephone call by a request under Section 7 of the Data Protection Act.

[hallowitch]

A WAV file is an uncompressed Audio file. Telephone recording switchboards and call centres and business use the WAV format for storing telephone conversations with the public. "Calls may be recorded or monitored for staff traiining...

 

A member of the public whose voice has been recorded is entitled to a copy of the telephone call by a request under Section 7 of the Data Protection Act.

 

Well you learn something new everyday on here i knew they recorded calls but i dint know about WAV format

thanks for the detailed explanation

[Dhimmiwit]

In the event that the 'first visit bailiff' was indeed not a certificated bailiff, would this make not just those fees bogus, but all the following fees by the certificated bailiff?

[hallowitch]

In the event that the 'first visit bailiff' was indeed not a certificated bailiff, would this make not just those fees bogus, but all the following fees by the certificated bailiff?

 

no it would only make the fees charged by the first alleged bailiff bogus as only a certificated bailiffs can charge a fee

[Dhimmiwit]

no it would only make the fees charged by the first alleged bailiff bogus as only a certificated bailiffs can charge a fee

 

 

Yes but if the first and second visit fees were not charged by a certificated bailiff then as far as I'm concerned they never happened.

The second bailiffs fees would be invalid in that case as she could not charge her fees unless first and second visits had occurred (lawfully). Well that's my opinion anyhow

Edited September 8, 2010 by Dhimmiwit
sp

[hallowitch]

Yes but if the first and second visit fees were not charged by a certificated bailiff then as far as I'm concerned they never happened.

The second bailiffs fees would be invalid in that case as she could not charge her fees unless first and second visits had occurred (lawfully). Well that's my opinion anyhow

 

Hope i can explain this so you can understand (sometimes i know what I'm trying to say but putting in writing well thats another thing)

 

your first and second visit fees will be invalid because the bailiff was not certificated

 

the reason for these visits 1st / 2nd are made by the bailiff to levy distress and a fee if charged if no levy takes place

if the bailiff gains a levy on the 1st visit the only fee he can charge is the levy fee and no visit fees can be charged

 

thats why in most (if not all ) cases these visits never happened or office staff are sent out to put letters through the debtors door

 

further visits are then made by a certificated bailiff in hope they get a levy

 

this giving them 1st /2nd visit fees and a levy fee

 

often you read on here and other sites that people have been charged 1st/ 2nd visit fees then on the 3rd visit the bailiff levies goods in the garden why didn't he levy them on the 1st/2nd visit probably because these visits didn't take place and if they did the goods should have been levied on the 1st visit thats what the visits are for to levy distress not to stick a letter through the door saying MR xxxx bailiff called today

[Dhimmiwit]

Thank you Hallowitch, I understand your explanation I was just looking for a possible loophole there.

 

If Ms ********** turns out to not be a certificated bailiff I shall be claiming back her 1st +2nd visit fees, something from the offset that I had not envisaged doing as they were the only fees that I did not dispute.

[hallowitch]

have you phoned the ministry of Justice to see if she has ever been a bailiff

Ministry of Justice Public Register of bailiffs

on 020 3334 6355

give them her name the date of the visits and the name of the bailiff company

[Dhimmiwit]

have you phoned the ministry of Justice to see if she has ever been a bailiff

Ministry of Justice Public Register of bailiffs

on 020 3334 6355

give them her name the date of the visits and the name of the bailiff company

 

Thanks for that Hallowitch! I have just contacted The Ministry of Justice Public Register of Bailiffs and they confirmed that she applied to Burnley Combined Court on the 18th May for certification but did not hold a certificate before this date, and considering her visits to my house were on the 16th of March 2010 that makes those visit fees unlawful I presume.

Having also just contacted Burnley Combined Court I have just confirmed these facts with them, plus she left Rossers before the hearing date and never turned up for the hearing. She does not and never has held a bailiff's certificate.

No wonder Rossers would not confirm her certification details!

[hallowitch]

Thanks for that Hallowitch! I have just contacted The Ministry of Justice Public Register of Bailiffs and they confirmed that she applied to Burnley Combined Court on the 18th May for certification but did not hold a certificate before this date, and considering her visits to my house were on the 16th of March 2010 that makes those visit fees unlawful I presume.

Having also just contacted Burnley Combined Court I have just confirmed these facts with them, plus she left Rossers before the hearing date and never turned up for the hearing. She does not and never has held a bailiff's certificate.

No wonder Rossers would not confirm her certification details!

 

 

:whoo:well well well there goes £42.50 that they cant charge

 

I would send a letter to chief executive and ask him if he is aware that rossendales employed a miss xxxxx in the capacity of a certificated bailiff when she has never held a bailiff certificate provide the info supplied by the ministry (and the phone number)

say that you have been charged visit fees by rossendales for visits from miss xxxxx and you don't think for one minute that you will be the only person that rosssendales have charged fees for miss xxxxx visiting there property

remind him that xxx council employ rossendales and are full responsible for the actions of there employee

 

ask what he is going to do about his tenants being charged illegal fees as he has a duty of care to his tenants

 

and if he is going to investigate the matter and return/remove any fees his tenants have charged by rossendales that were added by miss xxxxx