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Response to Data Protection Act 1998/ Default History Questions

from Eleanor Scott (eleanor.scott@btinternet.com)
Mike,

The lender may not be obliged to provide you with copies of paper-held valuations under the Data Protection Act (DPA) 1998, but they certainly ought to be providing you with copies under Civil Procedure Rules ('CPR'). (CPR are discussed on this site under Repossession.)

As for the other information, the lender should have transferred this data onto microfiche or microfilm format, and be able to provide you with copies. Again, the lender doesn't have to provide copies of this data under the DPA, but it should do under CPR.

If you have actually served a SARN on the lender and you have been provided with meaningless codes and jargon, then the lender has infringed the Data Protection Act because the lender is obliged to provide data in 'intelligible' form. Ask the lender to get its act together and/or complain to the Data Protection Commissioner (if you want her to investigate, rather than simply to log a complaint, ask for an 'Assessment'.)

From October this year (2001) you will be able to use the Data Protection Act 1998 to ask for copies of data held in manual, paper, microfiche and microfilm formats. If the lender continues to claim exemption from the Act, then it must claim this under Schedule 7, and tell you so explicitly. Tell the Data Protection Commissioner if you have any concerns. (www.dpa.org.uk).

Of course, what you seem to be finding out is that the lender has very little in the way of original documentation on your 'case'.

(posted 8440 days ago)

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