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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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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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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

spreadsheets 

 

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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

spreadsheets 

 

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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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Hi, any update on this?

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