Section 35 of the Data Protection Act - give me the debtors address | Discuss

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Section 35 of the Data Protection Act - give me the debtors address
26/11/2013
5:09 pm
Sharon Carmichael
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Can anyone advise me please as I have asked my Council for an ex-tenants address under Section 35 of the Data Protection Act and they firstly said they could not let me have it and then said they could give it to my solicitor.  I explained I was not going to incur the extra cost for either myself or my tenant debtor by employing a solicitor and if they demanded I did then I would bill them for the solicitors bill.

They are apparently taking advice and that was on the 15th November – any guidance from anyone out there would be FAB.

26/11/2013
7:04 pm
PaulBarrett
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Apparently there is the facility to provide this info; but the council don’t have to if they desire NOT to do so!!!

So a complete mockery of the law.

The law provides for the councils to provide the info but if they don’t feel like it; they don’t have to!!

What is that all about!!??

You might be able to persuade them if you can cite County Court action or any court judgments that have been successful against a tenant.

I wouldn’t hold your breath though!!!

 

 

30/11/2013
7:57 pm
LyndonBaker
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Sharon, could you not go through their complaints procedure and then the Local Government Ombudsman?

01/12/2013
9:37 am
Pierce & Co Leighton Buzzard
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LyndonBaker said
Sharon, could you not go through their complaints procedure and then the Local Government Ombudsman?

Section 35 is an exception in law for the data controller should they decide to disclose the information. No-where does it say that it has to be disclosed to a solicitor or any other type of licensed law practitioner??

What is does say is it can be disclosed for any intended legal proceedings so, whilst your request is legitimate, they are exercising their right not to disclose it. Each data controller has to go through a process to make sure that their disclosure will stand up to scrutiny and unfortunately, they will always err on the side of caution!

Likewise if they are asked to justify their non-disclosure by the LGO they will need to have their reasons documented as to why they have not disclosed. A FOI request may bottom that one out.

Mark A Reynolds Pierce & Co Residential Letting Agents http://www.pierceandco.co.uk 01296 20 1234

12/12/2013
11:08 am
Sharon Carmichael
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The council replied to me as follow on my request:

 

Dear Sharon

I have again referred your query to the relevant council officers.

However I regret that the response has not changed from my previous one. We are standing by our decision to only provide a forwarding address to a solicitor acting on your behalf in this matter.

 Yours sincerely

 

I then Replied as follows..

 

Hi …….

I regret this too as I will have to incur further costs for this person either with a tracing agent or with a solicitor.  This action by the Council will of course be reciprocated when the Council ask us for information about our old tenants as I too will no longer be answering your requests for information.  Something I am sure you will fully understand.

Many thanks.

Sharon

 

I then received a email from the council for a request for data as follows:

 

Dear Sir or Madam,

My records indicate that you are the managing agent of Flat 7, #########.

I am requesting information in relation to the following named person who has vacated the property. Please would you answer the following questions in connection with the person(s) named below and return this email to me within the next five days.

•             Names: 

•             What is their vacation date (dd/yy/mm)?

•             What is their forwarding address?

•             Do you have any other contact details, inc; telephone number, e-mail address and/or employer details?

•             What *is/are the name(s) of the new occupier(s) and date of occupation?

 

Council Tax regulations permit the Council to request in writing, information from residents, owners and managing agents in order to identify the person liable.  You must provide the information within 21 days if it is in your possession or control. If you fail to comply with the request, Schedule 3 of the Local Government Finance Act 1992 allows the billing authority to impose a civil penalty.

Thank you for your co-operation in this matter. If you have any further questions please do not hesitate to contact me on 01229 406086.

Yours sincerely,

Revenues Officer

 

I then had so much fun writing this back to him:

 

Dear N###,

 

Recently I requested information from the Council under Section 35 of the Data Protection Act and they refused me the information and in view of the tactics taken by the Council, I feel that I no longer wish to co-operate with them in any way, shape or form with any information I may or may not have regarding any tenants either past or present.

Should the Council change their policy on disclosing information requested, then I too will start to co-operate.

Many thanks.

Sharon

 

STICK THAT UP YOUR PIPE AND SMOKE IT ….LaughLaughLaughLaughLaughLaugh

 

 

12/12/2013
8:50 pm
PeterD.
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Sharon

Should they ever come back at heavy there is a giant loophole. You have 40 days to supply the info.  You also have the right to determine how long you will retain the information you handle after it has become outdated. IE tenancy ended. This can be 5 mins or in perpetuity.  (Newspapers keep records of personal info forever).

When this time has been reached and the info duly destroyed then you no longer have to provide it and the council CANNOT impose a fine as they are suggesting. 

You do have to write that statement of how long to wait . I Guess ot could be 39 days after receiving any request for information. But that may be taking the **** ******* **** **** ******** ******* ***** **** **** **** ***** ******* ********* ******** *** **** ****** ********** ************ **** *********** *************Wink

13/12/2013
8:57 am
Pierce & Co Leighton Buzzard
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PeterD. said

Sharon
Should they ever come back at heavy there is a giant loophole. You have 40 days to supply the info.  You also have the right to determine how long you will retain the information you handle after it has become outdated. IE tenancy ended. This can be 5 mins or in perpetuity.  (Newspapers keep records of personal info forever).
When this time has been reached and the info duly destroyed then you no longer have to provide it and the council CANNOT impose a fine as they are suggesting. 
You do have to write that statement of how long to wait . I Guess ot could be 39 days after receiving any request for information. But that may be taking the **** ******* **** **** ******** ******* ***** **** **** **** ***** ******* ********* ******** *** **** ****** ********** ************ **** *********** *************

Excellent!

 

Also under what part of the DPA are they requesting the information? They should be telling you something like…

This information is requested under the Data Protection Act 1998 Section 29 (3) regarding enquiries concerned with the assessment or collection of any tax or duty or of any imposition of a similar nature.  I confirm that any information supplied will not be used in anyway incompatible with the purpose for which it is being disclosed.

 

Mark A Reynolds Pierce & Co Residential Letting Agents http://www.pierceandco.co.uk 01296 20 1234

13/12/2013
11:50 am
traceadebt
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Might be easier and faster to just obtain the current address here – from just 35GBP on a no win no fee basis* http://www.traceadebt.com

14/12/2013
3:44 pm
@BespokeBrowbands
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Section 35 of the Data Protection Act – give me the debtors address : http://ow.ly/rKb6u #btl #bizitalk

 

DPA 35.2 is excellent, but does NOT compel a Data Controller to give info. My main job: @MarkPeachman

 

via twitter

01/01/2015
10:27 pm
Phil Wheeler
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traceadebt said
Might be easier and faster to just obtain the current address here – from just 35GBP on a no win no fee basis* http://www.traceadebt.com

This has been in my experience the best option. Councils don’t share new addresses even if you have a document signed by the tenant to pass this information on. They are a law unto themselves. Pay the £35 and save your life energy dealing with the council.

Let Sir Terry Wogan explain it - > http://www.mostpeoplesavemoney.co.uk

 

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