Oughtn't they know better?

[Caspar]

Re: Oughtn't they know better?

May I suggest that someone (not me!) volunteers to put together a list of all the bodies to whom we should complain with their addresses, and that we make sure that this post goes up not only on this site, but on CAG, MSE and AAD as well as any others people care to mention. The more people that complain about this, the better.

Tuttsi was absolutely right in an above post when she stated that they might get a slapped hand. If we really are passionate about consumer issues, it is our role to try to ensure that a slap on the hand turns into death by hanging!

[enaid]

Re: Oughtn't they know better?

Companies house for a start, then trading standards, OFT and ICO as their registeration will likely be invalid as a result LOL.

Would be interesting to see if they reregister with the ICO after the original registeration expires on the 6th August 2011.

[QUOTE=Caspar;223007]May I suggest that someone (not me!) volunteers to put together a list of all the bodies to whom we should complain with their addresses, and that we make sure that this post goes up not only on this site, but on CAG, MSE and AAD as well as any others people care to mention. The more people that complain about this, the better.


Companies House, several contact details

Contact Us


Trading Standards

Institute Contacts - Trading Standards Institute

OFT

Contact us - The Office of Fair Trading


ICO

Contact us - Information Commissioner's Office (ICO)

[charitynjw]

Re: Oughtn't they know better?

I also tend to agree with pb on this (post #15 above)

I'm not sure that they are breaking any law by offering this service at £xx.

However, if the Data Subject requests the info, they are allowed to charge £10 max.

A small, but perhaps important, difference as far as the law is concerned, maybe?

[charitynjw]

Re: Oughtn't they know better?

Ooops - scrub that!

Re-read post #1 from CC.


You also have the right to request a copy of all the personal information we hold about you. To do this, please write to our registered office address enclosing a cheque for £25 payable to Silverpoint Delivery Solutions to cover our administrative costs.

I should have gone to specsavers!!

[Caspar]

Re: Oughtn't they know better?

Charity,

I thought only I did that sort of thing!

Enaid - thanks for doing those links. I'll happily post on AAD and CAG (yes, I know I'm banned, but I have my ways!) I'm not a member of MSE, so perhaps someone else would take that one?

[Caspar]

Re: Oughtn't they know better?

Right,

I've posted it under General Debt on CAG and have sent Niddy an e-mail asking him to post it on AAD as it holds more clout coming from him on AAD.

Anyone for MSE?

[Guest]

Re: Oughtn't they know better?

Ooops - scrub that!

Re-read post #1 from CC.


You also have the right to request a copy of all the personal information we hold about you. To do this, please write to our registered office address enclosing a cheque for £25 payable to Silverpoint Delivery Solutions to cover our administrative costs.

I should have gone to specsavers!!

HI

Yes and it does say you have the right ro request, and i cannot think of any other statute that can offer that right, so they may have shot themsilves in the foot. However it does not say in oder to recieved al information as required under the DPA section 7 you need to enclose the statutory fee of £25.

I think that you would have to show that they where overstating a staturotry fee, which would mean that you would have to show some connection between statute and the request.
They may have an argument

Peter

[MIKE770]

Re: Oughtn't they know better?

Q: Which Act allows me to get my personal information? And can they charge me?

The Data Protection Act 1998 gives you the right to apply for a copy of your personal information. You will need to put your request in writing, by letter or email, and send it to the person or organisation you believe holds this information. Make sure to put your name and address and keep a copy. It is a good idea to make clear you are asking for the information under the Data Protection Act 1998.
Yes, under the Data Protection Act they can ask for a fee of up to £10.00 for each request made.
For more information on your rights, take a look at the advice and tips on how to manage your personal information.
^ Back to top

[Caspar]

Re: Oughtn't they know better?

HI

Yes and it does say you have the right ro request, and i cannot think of any other statute that can offer that right, so they may have shot themsilves in the foot. However it does not say in oder to recieved al information as required under the DPA section 7 you need to enclose the statutory fee of £25.

I think that you would have to show that they where overstating a staturotry fee, which would mean that you would have to show some connection between statute and the request.
They may have an argument

Peter

Hi Peter,
This is what it says, word for word:

You also have the right to request a copy of all the personal information we hold about you. To do this, please write to our registered office address enclosing a cheque for £25 payable to Silverpoint Delivery Solutionsto cover our administrative costs.

Note, "a copy of all the personal information we about you." The DPA makes no allowance for organisations of this type to charge any more than £10 for this information - ie - £10 is the maximum they are lawfully allowed to charge.

It appears black and white to me, and they, to my mind, are clearly outside what is lawful.

[charitynjw]

Re: Oughtn't they know better?

Also, while it is advisable to make the SAR with reference to the DPA, it is not a requirement.
If it looks like a duck, etc.

[Guest]

Re: Oughtn't they know better?

Hi Peter,
This is what it says, word for word:

You also have the right to request a copy of all the personal information we hold about you. To do this, please write to our registered office address enclosing a cheque for £25 payable to Silverpoint Delivery Solutionsto cover our administrative costs.

Note, "a copy of all the personal information we about you." The DPA makes no allowance for organisations of this type to charge any more than £10 for this information - ie - £10 is the maximum they are lawfully allowed to charge.

It appears black and white to me, and they, to my mind, are clearly outside what is lawful.

please understand , i think that they are trying to rip people off but i do not think they are breaching any law.

There is nothing in the dPA that prohibits companies providing informatio by means other that through a DPA request.
They provide info every day free of charge, there is no reason why they cannot charge any amount they want, in law for for none dpa(7) information, or none that i can see.
There may be a guidline somewhefe that says they should advise peope that there is a cheaper way of obntaining info with a dpa.
THe DPA is there to ensure that creditors must give info, if they are willing to do it under some some contractural term of their own device in addition to this i can see no legal reason why they should not.
Peraps someone can point out the regulation that says anything to the contrary.

Peter

[enaid]

Re: Oughtn't they know better?

Suppose the only way to find out would be if someone sent of a SAR with a tenner and see what comes back.

[charitynjw]

Re: Oughtn't they know better?

I guess that if they say something like "We will provide you with the info for £xx", & you say "Yes, please", they may well have a case (it is every person's right to make a bad bargain!).

But once you request that info..................??

(This reminds me of all that legal bullsh.........er, sophistry, about core terms!!)

Of course, if they process personal data, etc, & are not exempt, then they have to register with the ICO (who, I believe, now have 'enhanced' powers re non-notification).

[Guest]

Re: Oughtn't they know better?

HI

THese peope are very difficult to nail down on issues like this If this would have been a consumer credit issue, say a section 77 request and thery tried to chrge £5 for the copy, you could hit them with the "no contracting out regulation" (section 173) of the act, but i am not aware of any such section in the dpa.

Unfortunately the DPA as far as i can se only says that the £10 fee is required for a request, there is no mention of any contrary contractural term bing void, if it is predudicial to the debtor.

I have a feeling that they would say that, yes of course you can have your information under a DPA for a tenner, but we provide the additional servise of it being indexed or presented with a pink bow or something.
Petr

[Guest]

Re: Oughtn't they know better?

Having said all that , it would be nice to think that the ICO would give them a kick up the pants anyway.

Peter