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Solicitors and the Data Protection Act


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Just wondering if anybody here has every made a SAR against and x partners solicitors.

 

I have attempted a second request this time by recorded deliverly and thier reply is

 

"We refer to your letter of the 6th June.

 

We are returning the cheque that was enclosed.

 

We do not intend to comply with your request or to enter in to any further correspondence with you regarding the matter"

 

 

They have previously indicated they will send copy documents at a cost of £1.50 per page, but the cost would be far to much estimates put it at well over £1000 plus their time for doing it at £170 per hour.

 

Have tried to talk to them about it but they said they are not covered by DPA, however, after my last complaint they have at least now registered with the information commision.

 

Have posted complaint forms to IC this morning will have to see what happens.

 

I think their bigest problem is that at every hearing during the divorce and contact proceedings I won, even have recordings of the solicitor confirming she lied and was underhanded, she tried to deny she made phone calls to me and that I was harrasing her.

 

When all that failed she tried have a penal notice enforced for me to be arrested for failing to comply with a court order when I had a letter from them acknowlegding the documents well within the time limits set by the court.

 

Have aslo made a formal compliant against to the Law society.

 

Woody0135

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It is very difficult to give a definitive answer to your question without detailed knowledge of the information that you are trying to obtain.

 

Certainly I foresee two problems: Firstly, I would expect some of the documents to fall under the heading of legal privilege, and therefore not covered by the DPA, secondly, if the documents in question also refer to a third party (presumably your ex), then they would also not be included without the consent of the other party.

 

As I say, it is difficult to say for certain without knowing exact details - and even then it may well be something that a Judge may have to rule on.

 

 

 

 

 

 

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It is very difficult to give a definitive answer to your question without detailed knowledge of the information that you are trying to obtain.

 

Certainly I foresee two problems: Firstly, I would expect some of the documents to fall under the heading of legal privilege, and therefore not covered by the DPA, secondly, if the documents in question also refer to a third party (presumably your ex), then they would also not be included without the consent of the other party.

 

As I say, it is difficult to say for certain without knowing exact details - and even then it may well be something that a Judge may have to rule on.

 

Thanks for the reply, I haven't asked for documents which are privilaged ie documents between my x and her solicitors, only documents which refer to me, my understanding of the DPA is that if a documents contains information that will identify another person then they have to block that out. certainly happened with the CSA who blocked out my employers details, only found this out when they send me the orginal documenst by mistake.

 

As mentined though they have agreed to supply the documents if I page per page and their hourly rate.

 

I think the shock of having to copy over 600 sheets and reading them all to block things out at the cost of only £10 is the issue really. Would certainly take them several hours and as anybody knows solicitors hate to do things which they can not charge hour rates for if its complicated.

 

Woody0135

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I had a solicitor acting for me a from the end of 2000 to 2003. It started off as a simple claim for money owed. They cocked up and the case was lost as a direct result of their cock up.

 

They tried to mend their wrong doing but ended up getting fed up and asking for money. Yes they hadn't asked for any for two years because they new they cocked up. They ceased to act any further and presented a bill for 22K.

 

I made a subject access request enclosing £10 which they complied with but wanted £362 for the photocopying of the complete file. A letter to the Information commissioner sorted it quick style. Copy of the full file was handed over. Oh and they never cashed the £10 cheque.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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As mentined though they have agreed to supply the documents if I page per page and their hourly rate.

 

Woody0135

In my opinion, if they can provide it for a fee eg 362.00 under the DPA they can also comply with a DPA/SAR request and provide it for the 10.00 Statutory fee, providing the information contains information on you personally. It looks like the main reason they will not do this is because they don't get paid enough for doing it?? However, client confidentiality and client privelaged information may have a part to play.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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