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    • Out of time statutory declaration is just stating reasons for wanting the clock to be wound back to when Transport for London first sent out letter demanding the PCN be paid.   Reason: vehicle Registration xxxxxxxxxx was a company vehicle registered to xxxxx ltd company and the vehicle was used by x number of employees of this company. The company was dissolved on xx date and the vehicle was sold on xx date. My name xxxxxxxx was noted as a contact name on the V5 registration document, but I have never received any correspondence from Transport for London and I was not aware of any PCN being issued at the time of any contravention. The first time I was made aware of the PCN was on xxxxx date, when an Enforcement Officer from Marstons visited my private address.   Not an expert in this and hopefully Bailiff Advice or others will be around at some point to confirm whether this would be correct or not.    
    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
MrSmithers

GDPR SAR Medical Records to GP - failed twice - help

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Is the new GDPR SAR template suitable for a medical records request from a GP without any specific alterations?

 

Thanks.

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How to make a subject access request - NHS Digital

https://digital.nhs.uk/about-nhs...information.../how-to-make-a-subject-access-request

You have the legal right to request a copy of the information we hold about you, in line with the General Data Protection Regulation ( GDPR). .


:mad2::-x:jaw::sad:

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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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Im going to resend the letter but this time send recorded mail. im going to put at the beginning that a copy was already handed into the surgery on whatever date it was.

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thought i was already in that forum so thanks :)

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you for the quick answer.

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


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Sure its on behalf of a family member who suffers from several medical problems and has a ridiculously frequent amount of problems with the NHS not doing things they should be doing.

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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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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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