Jump to content


  • Tweets

  • Posts

    • 2 years ago I made a complaint against a GP at my surgery....the reply I received was the GP could not recall the events (in the complaint) because the GP see so many patients a day and the complaint I sent was 12 months after the event.   Now to what happened recently....   1. I had a appoointment at 10am with the same GP I had made a complaint againt over 1 year ago...I booked myself at reception and waited, waited when it was 10.20 I asked at receptionion when would I been seent, as my appointment was at 10am. A receptionist told me 'There has been an emergency of some kind with a patient...so that has caused a delay and your appointment will now be moved to another GP' - I asked why the appointment was moved and was told 'sorry I cannot tell you' and you will be seen soon.   2. 10.30am and still not been seen so I asked another receptionist, she checked the computer system and told me the GP (name) has refused to see me because I made a complaint against him over 12 months ago and now my appointment was being moved to a different GP and I had to wait. I told the receptionist this was wrong and the GP had to be impartial as a GP and he was making this personal by not seeing me.   3. Eventually I was called and saw a different GP and explained to him what happened and the GP I had originally had an appointment with had refused to see me because of a complaint I raised against him over 12 months ago. The GP I was with was shocked and surprised and told me that GP should not have refused to see me   NOW I need your help to write a complaint, please can you help me
    • ok...thank you. I have read the post (thank you for guiding me to that) and will write in similar thread.   My worry is that I lied to the inspector about not having used the card before. I also recall now that he did not ask me to sign the notes he took so I am worried I have no idea what he wrote down.    Without my signature on his notes, would this be admissible evidence in court?
    • what jokers a £5k loan now £q7k bet theres all sorts of arrears fees debt visits phone letter fees that can all be reclaimed at their int rate   get the statements quickly! sar tomorrow
    • no none at .....all waste of money. don't believe all those fake reviews.     dx  
    • Hiya   First time poster, but hopefully I can help you to resolve your matter.   I really empathise with your position. I received a visit from an equita baliff on 10 May 2019. The feeling was horrible and they were exceedingly polite but also inflexible and threatening. I was informed that they would clamp and remove my car.   The rationale behind this is that the Baliffs are not employees, they are sub-contractors paid based on the fees that they can generate. Taking a vehicle creates more fees. Unfortunately for them, there is a very quick process to get the matter resolved:   1) Phone the Traffic Enforcement Centre in Northampton - it is crucial to do this first thing in the morning. 2) Request permission to file an out of time witness statement (forms TE7 and TE9). Upon correct completion, the forms will be passed to the local authority and enforcement action will cease at that point. The TEC will inform you that the forms have been correctly filed and the action will cease. 3) Forward a copy of this email to equita 4) Contact the local authority directly and explain your circumstances. The local authority will be more sympathetic than the baliffs - especially if you are a vulnerable person. A manager within the local authority will have the authority (as the prosecuting party) to instruct the Baliffs not to continue and instruct them to waive their enforcement fees 5) To ensure that this goes smoothly, make sure you offer to pay the council what you owe and also cover the cost of the court filing fee. At this stage, it will be worth complying with the council and paying the c. £80.  
  • 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
DESAMAX

SAR re getting landlord to recognise our tenants association.

Recommended Posts

Hi

we recently asked our landlord for recognition of our tenants association.

We received the below late reply, after formally requesting recognition.

 

Would this be grounds to send them a SAR as they say they have evidence on file?

 

Also what would the best way to go about this, we have years of email trails so they shouldn't need to ID us.

 

Thanks in anticipation

Desamax

 

Dear M ********,

 

Upon receipt of your email dated **.**.18 I discussed the matter with our solicitors who confirmed that with the evidence we hold on file neither yourself or M****** are fit to be part of this proposed association.

 

This is irrespective of our own views on the matter generally.

 

I will pass on your email dated 13th instant to our solicitors for their perusal.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

You dont need any excuse to send an sar..yes do it


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

Share this post


Link to post
Share on other sites

Thread title updated and moved to residential forum


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

Share this post


Link to post
Share on other sites

Hi

 

I assume we are talking about a Registered Social Landlord (RSL) i.e. Housing Association/Trust etc.

 

What I find completely strange is it is up to the RSL to decide about adding a new Tenant Association and if you have not met their criteria how to rectify that and reapply there Solicitor should have no bearing on this.

 

The RSL like many will have a Criteria you need to meet for your Tenant Association to be recognised. Have you asked them for a copy of this? (if not ask for a copy).

 

Simple question does your Tenants Association you wish to Register with them have a Constitution? (this is one on many things you need in place before even considering trying to register.

 

Did you do your research beforehand on what needs to be in place? (if not ask the RSL exactly whats needed)

 

I have to agree check their website for their new SAR which should now have changed in line with the GDPR.

 

You and the other individual have every right to ask them for clarification as to why they state evidence we hold on file neither yourself or M****** are not fit to be part of this proposed association. (are there any reasons you are aware of as the state the hold on you?)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Hi thanks for the reply, we are private long leaseholders in a mixed use building 6 small flats and two commercial units.

 

 

 

We have formally requested to become a “recognised tenants association” we have sent the constitution paperwork signed by all members (4 residential leaseholders) if we get no response or they refused to recognise us, we can then ask the FTT for recconigion. Our Management co and Freeholder have the same directors so are the same under different hats. They don’t have a website.

 

 

 

I hope this doesn’t change anything?

 

 

We are not aware of any evidence they could possibly have on us.

 

 

 

Thanks again.

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

In the mean time anything you sent to them about any matter should be sent identically by the other leaseholders, so the have to deal with 4 identical requests at once.

It's in their interest to recognise your tenants association, if they don't, keep on making complaints and requests in 4 copies each signed by one leaseholder.

They'll soon make mistakes, mix up names and breach GDPR and other regulations so you can shoot in the barrel where they hide.

Share this post


Link to post
Share on other sites

Thanks, very interesting advice, and very much appreciated

Share this post


Link to post
Share on other sites

Hi again the freeholder has a few day left to answer my SAR, no reply as yet.

 

However they have sent me a counter request below, I’m a sole trader and conduct most of my business on the phone or by meeting my tenants and others, I also don’t keep records for more than 7 yrs. Anyone have any advice on the below?

 

I note they signed it under their personal name, not the usual LTD Co but are using the COs registered address.

 

 

 

 

 

 

In consultation with the ICO please supply the data about me that I am entitled to under data protection law relating to:-

 

All emails, correspondence and records from yourself and between yourself and your tenants and any other third party from the inception of your lease dated ****

 

It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

 

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

----------------------------------------------------------------------------------------------------------------------------------

 

 

Thanks in anticipation

Share this post


Link to post
Share on other sites

 

In consultation with the ICO please supply the data about me that I am entitled to under data protection law relating to:-

 

All emails, correspondence and records from yourself and between yourself and your tenants and any other third party from the inception of your lease dated ****

 

 

That makes no sense to me as a SAR. You can only ask for copies of data that's about you (the requestor). Are you saying that your Landlord is asking you to disclose data you hold about other people, such as tenants of your own business? If so they have no right to it. I assume your own business makes you a data processor who is obliged to respond to SARs?

 

Only data about living human beings can be requested under a SAR. Not data about corporate legal entities such as companies. That's probably why they sent the request in a personal capacity not on behalf of the Limited company. So they can only ask for data about them personally, not data about the Landlord as a Limited company. And any other names of individuals in the documents should be redacted.

Share this post


Link to post
Share on other sites

Thanks for the response.

To be honest I don’t get what he is asking for. I have only coresponded with his company via email, he obviously has copies of the same.

The only Data I have is his name his company’s names, email address, companys registered office address his office phone number. If that’s classed as data? I have discussed maintenance problems with the freeholder company with my tenant and have also copied them in on any emails sent relating to their problems.

I am a self employed landlord of a leasehold under his company’s freehold. I self manage the property. I sent him the SAR as advised in my OP.

Share this post


Link to post
Share on other sites
Thanks for the response.

To be honest I don’t get what he is asking for. I have only coresponded with his company via email, he obviously has copies of the same.

The only Data I have is his name his company’s names, email address, companys registered office address his office phone number. If that’s classed as data? I have discussed maintenance problems with the freeholder company with my tenant and have also copied them in on any emails sent relating to their problems.

I am a self employed landlord of a leasehold under his company’s freehold. I self manage the property. I sent him the SAR as advised in my OP.

 

If that's the only data you hold, then that's all you need to send.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

Share this post


Link to post
Share on other sites

I would be tempted to pare it down even more and say that you hold no personal data in his name and that any data retained by you about any company is outside the scope of the legislation.

Share this post


Link to post
Share on other sites

Thanks for the responses,

 

I received this response from them yesterday.....

 

In response to your subject access request and having discussed the matter in detail with the Information commissioner's office I set out below my response.

 

 

 

All your personal data has been supplied by you and is solely used in connection with your lease dated 1990s.

 

 

 

Your data has not been subject to any automatic processing and has not been used in any way to categorise you or to place you on any list.

 

 

 

Any correspondence that is deemed privileged to include any correspondence I have had with solicitors regarding your breach of contract or any other matter is deemed privileged and I do not have to divulge same.

 

 

 

I shall be sending you all the required personal data under separate cover.

 

------------------------------------------------------------------------------------------------------------------------------------

They have till early next week to forward the data.

 

I am interested as to what evidence they hold on me, that leads them to believe i am not fit to be on a "Recognised Tenants Association", they have also informed me in the passed that my file has been passed onto their Solicitors.

 

Can anyone advise or comment ?

 

Thanks

Share this post


Link to post
Share on other sites

It is correct that Legal Privilege is one of the Exemptions under GDPR, and legally privileged documents do not have to be disclosed in a SAR response. As you yourself say that they have been in discussions with their solicitor about you the Legal Privilege exemption may be justified. There's more detail about this exemption on the ICO. I was going to post a link for you but ICO site seems to be down at the moment. What counts as a legally privileged document is complex though, so get hold of the ICO guidance.

 

There seems to be more to this story than you have told us.

Share this post


Link to post
Share on other sites

The Freeholder/Man Co has breached their maintenance contract and has been found to be overcharging on service charges and insurance premiums. We have taken them to task on this. They have alleged my breach of contract (that I rebuff)for nearly three years and state they are still seeking legal advice on that. We have recently tried to form an RTA, they refused on the above grounds hence the SAR. the RTA has now been put to the FFT for recognition.

Share this post


Link to post
Share on other sites

Hi again, I received the email with the my data attached the data disclosed was my name, Address, Mobil Number, & email address.

They have stated in an email “ that the evidence we hold on file neither yourself or Mr X are not fit to be part of this proposed association”

They have also previously stated that they would send my file to their solicitors.

 

Im confused as to is the above statement and file could be classed as prvelliged information.

Thanks

Share this post


Link to post
Share on other sites

if the law allows you to form a TA then they will have to put up or shut up at some point, presumably if and when they refuse to recognise it and you take the matter further. I would reckon they are trying to make the other tenants wobble on this and pull out or ask you to drop yourself from the scheme.

This will undoubtedly be in the freeholders interest

Share this post


Link to post
Share on other sites
if the law allows you to form a TA then they will have to put up or shut up at some point, presumably if and when they refuse to recognise it and you take the matter further. I would reckon they are trying to make the other tenants wobble on this and pull out or ask you to drop yourself from the scheme.

This will undoubtedly be in the freeholders interest

 

We are moving forward with the RTA

We have applied to the FTT for recconigsion.

The advise to issue a SAR is confusing as it don’t seem any info has to be released on my above comments. Although it did wind them up a bit. As they issued a counter SAR.

Share this post


Link to post
Share on other sites

as yopu have asked to see the data they hold on you and they ahve refused but given a statement aying you are an unfit person then they will ahve to back those words up at some point.

By all means ask the ICO about whether they are entitled to withold your data as it is apparent that what they say is legal priviledge only covers part of what they hold and the ICO can tell them to send you the stuff or risk sanctions.

If t goes to court they will have to show their hand but as already said I think they are trying to put you and the others off from forming the TA and forcing them to behave. There is also a costs issue, they may be trying to empty your wallets to make you all give up. Standard tactic

Share this post


Link to post
Share on other sites

Hi again, i had this response from our freeholder ....

 

having discussed the matter in detail with the Information commissioner's office I set out below my response.

All your personal data has been supplied by you and is solely used in connection with your lease dated 1900s.

Your data has not been subject to any automatic processing and has not been used in any way to categorise you or to place you on any list.

 

Any correspondence that is deemed privileged to include any correspondence I have had with solicitors regarding your breach of contract or any other matter is deemed privileged and I do not have to divulge same.

 

Thanks

 

 

 

Do i have grounds to challenge this as they have CC six other leaseholders to the comments about me and the other leaseholder.

Share this post


Link to post
Share on other sites

as thast letter contans no personal data it could equaly apply to the others involved in this.

It is just a red herring though and still you dance around the point regarding the accusations they make.

It will matter to all of the other leaseholders so even if you dont want to wash your (allegedly)dirty linen in public it is a conversation you had better have with them pretty soon because it will ake a difference to them if thsi gets dragged out at a tribunal and they knwo nothing about it even if it is false.

s already said, I believ it is all to do with making it look as though the costs they will try and force upon your application are designed to put you off. There are lawyers who will work on a contingency fee basis but they will want to know a hell of a lot about this issue

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...