subject access rights-Cheltenham & Gloucestergreenspun.com : LUSENET : Repossession : One Thread
I first posted a question on 21/9 - "do I keep paying". After receiving some excellent advice,I have stopped paying the monthly amount and also asked for a complete breakdown of the shortfall figures (yet to receive a reply) as well as issuing a DPA subject access rights notice.( have a reply) Before doing that I actually offerd a #2000 once and for all final settlement ( had an opportunity to borrow the money). They declined the offer as insufficient but said they would accept around #4200(which needless to say I have not got).I then asked for the DPA SAR and shortfall figures. With regard to the SAR, I have received a reply which after telling me they could not trace anything on the addresses I had supplied ( they repossessed the bloody house in 1991 for christ sake), then asked me to fill in a "DPA request for access rights" form. This form, as well as asking for any roll numbers etc. then asks me to to enter details of the Register entry I require info on ( on the back of the form their is a list of all the registration numbers and their purpose). THE FORM ALSO TELLS ME THAT " ONLY ONE REGISTER ENTRY CAN BE ACCESSED PER APPLICATION" - #10 FEE REQUIRED. Are we now talking of the same problem experienced by Tony Hayter with the Halifax? Am I right to assume that they are obliged to supply all information on all registers or am I expected to pay #10 per register entry ( there are 12 listed on the form). Any feed back would be greatly appreciated. Keep up the good work.
-- Steve Mason (firstname.lastname@example.org), October 12, 2000
Well in my opinion it now appears that the Halifax are not the only lender attempting to limit rights given to us under the 1998 Data Protection Act! I my opinion in this case they're being rather blatant about it by their use of a financial penalty.
I would suggest that you do NOT fill in the form. Write back to them stating that under the 1998 Data Protection Act you have already supplied them with the required Subject Access Rights Request as described in the "Your Rights" section of the Data Protection website:
Explain to them that you have also read the relevant section 7(1) of the act at:
Refer them to the fact that the prescribed maximum fee payable is #10 (Also stated in the "Your Rights" section referred to above) and that you have made a formal complaint to the Data Protection Commissioner with regard to their form and the excess fee stated.
I would suggest that you write a formal complaint to the Data Protection Commisioner at:
Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
Stating that by the use of this form and associated prohibitive costs in excess of the prescribed fee, you believe, that your rights under the 1998 Data Protection Act are being taken away from you.
A Parliament elected by the people passed this Act to give rights to those same people. We must not let ANYONE erode those rights!
-- Tony Hayter (Tony@Hayter.com), October 12, 2000.
I second Tony's answer. I would add that Grabbey National also does this. Repossession-related material comes under two headings (in as much as Grabbey National has talked about it) being property admin and legal (or words to that effect).
-- Lee (email@example.com), October 12, 2000.