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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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JCP forms, gdpr and data protection


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Hi, as you probably know, a lot of benefits allow you to apply for a "travel card" which provides 50% off public transport travel.

 

My question isn't about the card but the application process. I filled in some paperwork to apply for the card and asked for a copy, but was refused on the grounds that it was an "internal document".

 

With the laws concerning data protection and GDPR, am I entitled to a copy of this form (and any other similar paperwork) or was he correct and this is an exception due to it being and "internal document"?

 

Thanks in advance

Sophie

 

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stuff 'em

goto the dwp website and send them their sar.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The data document is most likely to be internal, as it is just administering the transaction to purchase the travel card.  

 

Once the application is made, they may not keep the document you completed. It is put into confidential waste for shredding.  Therefore the document no longer exists.

 

What you are really asking, is what process does a Job Centre follow to apply for a Travelcard and if personal data is processed, why is this data not made available following a GDPR SAR ?

 

If you want all of your data from DWP, send an SAR to them. Specifically ask for the Travelcard data. Ask for a blank travelcard application form to see whether it contains any details about GDPR and how the data will be used.

 

 

 

 

 

 

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Many thanks for your replies, and suggestions for sar.


I wasn't really looking for how to recover the details on the form after it has been processed, but more on what my rights are as far as asking for a copy just after it has been completed.

 

There isn't anything on the form about how the data is used, and apparently the forms are kept for 18 months

(from the FOI request at https://www.whatdotheyknow.com/request/job_centre_plus_card#incoming-637404 )

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If you are wanting a copy of the form, before the Job Centre staff have added any internal information, then you can ask. But IF the form is purely an internal document for the purpose of processing the Travel card, then I don't see why it would be provided. 

 

Most organisations will use internal process forms, as a way of capturing the information they need to process onto the systems they use.  Once the document has served its purpose, then it is entered into confidential waste for shredding.

 

The way forward is to submit a subject access request. If you then have a complaint about the way DWP handles your data, you can send them a complaint and if necessary follow it up with the ICO. 

We could do with some help from you.

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If this is important enough to you, then raise a complaint at the Job Centre. Ask to speak to the duty manager and advise them that the Work Coach has refused to provide you with a photocopy of the travelcard application form.  Also the travelcard application which includes use of your personal data, does not contain any terms/conditions regarding use of the data under GDPR

 

Or raise the complaint with DWP in writing. 

 

Or submit an SAR to DWP.

 

Your choice as to how you want to proceed.

 

 

We could do with some help from you.

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Hi many thanks for your reply. I'm not really looking to complain or order a mountain of paperwork, I'm just a bit ocd when it comes to paperwork I have signed.

 

So I was just wondering either what I can do/say at the time of signing the paperwork to demonstrate that I have a right to a copy, or whether I don't actually have that right at that stage (which I'm happy to accept if it is the case).

 

Also I hope I'm not becoming a pest over this, this is a great forum and you are all really helpful!

Best wishes
Sophie

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You don't have an automatic right to a copy of the travelcard application form, as it is an internal document purely to obtain the Travelcard.  

 

When you applied for the DWP benefits, you authorised them to process your data and where necessary to provide this to other Government departments or outside organisations.  So you have already agreed to DWP processing your data and just have normal subject access request rights.

 

 

 

 

 

 

 

 

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@unclebulgaria67 many thanks. I'll likely drop an sar when I manage to get back into work.

It does seem daft though that they'd have to go through a lot of work to complete an sar, but aren't willing to spend the 30 seconds copying one form.

 

@honeybee13 - no phone unfortunately

 

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