~Breach in DPF~Help/Answers Needed~

Didismump

Hi All...
I have previously posted regarding my OH's case and we have now advanced through to having received the DPF (which has two breaches that I can see SO far, showing the full details of the QC's sibling(two seperate letters sent a year apart..and the sibling is nothing to do with my OH whatsoever)...AND the LO Court hearing being 'withdrawn' at the last minute by the CSA....
I am questioning this now and asking for ANY answers, simply as I added this to my old post yesterday but have had no replies on it as yet......

So, the CSA are saying that my OH WAS living at the address that they sent the MEF & IMA to as they have checked back on the electoral roll for 1993.....but there is NO paperwork in his DPF ( apart from stated dates of when they were sent) showing copies of either, with the address where they were sent to as proof....

SHOULD there be copies of the MEF & IMA in his DPF??? and proof on them showing the address to where they went to???
As surely IF we have received his DPF is in full, there SHOULD be copies of everything???

He still maintains he did NOT receive either..and I believe him, simply as he does have everything from 1997 when the CSA found him at another address, and he made contact immediately with them, telling them then that he had received nothing prior to 1997 and that he denied paternity...
Plus as many of you know..he DID pay maintenance for years ( due to the fear of the consequences if he did'nt) prior to becoming too ill to work, even though he denied paternity from the outset of 'his' receipt of CSA letters...
SO many issues with this case..AND alot of confusion in the DPF as paperwork and dates do NOT match up with everything we have in his file from 1997!!!

Plus I DO also believe that as the Agency has given us details of the sibling of the QC, that THAT breach of DP IS illegal???:eek:

Any answers???:o..as I have drafted up a letter in reply but am unsure whether to send it, simply as I am still arguing the fact that simply by them (the CSA) 'saying' that he WAS living at the address that they sent both the MEF & IMA to, is insufficient evidence and no proof whatsoever that he actually received either in his hand.....
HELP ( Sorry for waffling ..its late and I cannot sleep...:( )

DUTR

Does he have proof that he was living at an alternative address?

Blob

In the event hat you believe that the Data Protection Act has been broken, you should contact the Information Commissioners, they will look into it and throw the book at them if they find this to be true, as yes it is unlawful!

bdt1

Ok, firstly with regard to the breach in Data Protection Law, write to CSA Complaints and include the documents you have with the QC sibling details etc etc, then copy this letter, and write a covering letter to Independent Commisssioners Office, who will investigate this breach on your behalf. On confirmation of the breach, you can then go for financial redress, or possibly take them to Small Claims Court (as we are).

The MEF should appear in full in the DP File, again, you need to write back to the CSA Data Protection Unit and state that the file is incomplete,(this is another breach in DP Law) and outline which documents are missing, also include that if they do not send the relevant missing documents as a matter of urgency you will be informing the ICO.

Didismump

DUTR....He has NO proof ( to date that we can find) of where he was living in 1993..( and I was not with him then)...but my query moreso is, can they just 'SAY' that they have looked back on the electoral roll for that year ( and made credit checks) and that THAT is where they sent all paperwork to???
Surely the proof SHOULD be in his DPF ( ie copies of what was sent with an address on??) as we have trawled through it all, and can only find a couple of dates that any paperwork prior to 1997 was sent out....
There is nothing (paperwork wise) in his DPF prior to 1997 to show anything ( that we can see)...

And surely..IF it was sent and not received ( as has been the case with alot of his paperwork even since we have been together, as it has gone to a wrong address or simply NOT arrived to us???) then what can we do???

Blob...Any ideas how I find the address/phone number for the people you are talking about???
The CSA have asked for proof of my 'accusation', and I am ready to send them 'copies' of the two letters in my OH's DPF that quite plainly give/show all the QC's siblings details (bearing in mind that BOTH are of working age now, and over 16)...
I am sure that compensation is given IF these mistakes are made...as most certainly has been???

We are not running shy here...I just want ALL facts and concrete proof from the Agency that he actually DID receive these documents in his hand,... as I 'know' that he has written/rung in reply to everything since 1997 ( when he initially wrote telling them that 1997 was the first he had heard of any claim/case against him), and has always denied paternity ever since then, and requested that he be given a DNA test...

Have JUST received another letter from the CSA now, saying that due to their investigations and the checks that they have recently carried out, they are satisfied that the address at where he was living in 1993, IS where they sent the MEF & IMA...and so their actions to secure payment of the arrears will continue....:(
But we have NOTHING in the DPF showing this ( only dates, 'signed for' in 1996 stating that these documents were sent out in 1993, but not to which address they were sent to .....
Surely IF both the MEF & IMA were sent out there would be covering letters explaining what the forms were for...and therefore 'SHOULD' be copies of these letters in the DPF???
From what we can see....there aren't.........:(

What can I do now to ensure that what they are 'SAYING' is true...as he remains adamant that he never received either...

Didismump

bdt1...You ARE an Angel.....as always
Will get onto THAT today ( is there EVER a day when you get a rest from the CSA stuff when it is so intense???I feel permanently shattered..even after our break away ( which I STILL didn't relax on, as the Court hearing was set for Sept.1st ( as you know)..and my request for the adjournment had not been answered..so I was fretting the whole time away, thinking it went ahead and the bailiffs would be at the door, whilst we were absent))

Got to just add... the letter I received the other day, in reply to my complaint that I was not given much time to request the hearing adjournment, stated that the Summons was issued on July 29th thereby giving me 4 weeks to request the adjournment ( when the Summons is quite plainly stamped by the Court as Aug 3rd and the accompanying letter that arrived in the same envelope with the Summons was dated Aug 18th)..
So THIS alone also proves that the CSA do NOT always get facts OR dates right...

DUTR

Didismump wrote: »

DUTR....He has NO proof ( to date that we can find) of where he was living in 1993..( and I was not with him then)...but my query moreso is, can they just 'SAY' that they have looked back on the electoral roll for that year ( and made credit checks) and that THAT is where they sent all paperwork to???

That is where the difficulty rests , as if he could prove he lived elsewhere, then that side of the issue is case closed.
In regards to the financial redress, you may get £50 possibly £100 but it won't offset the claim they have against your partner

Didismump

Hmmmmmmm ok...well I 'thought' that financial redress WAS higher than that IF proven..(which we CAN prove as we have full details (thank you CSA) of the sibling...

Maybe bdt1 can help with this thought more, as I know you have 'been there' with THIS issue???

I am STILL sticking to my guns on this paperwork missing from the DPF..as it is plain EASY for them to look up where he was living, and check that he made applications for credit from an address, and then 'SAY' that THAT is where they (supposedly) sent both forms to...

What is NOT so plain is all the paperwork which SHOULD be in his DPF showing the accompanying letters which SHOULD go with every form or application, proving that both actually went to the address where he was living in '93.....OR that he actually received them.....

I have always been led to believe that unless 'official documents' are actually handed to the person in question..then there is insufficient proof of actual receipt...

Like I say..he has always maintained that they never touched base at his address, and I DO believe him as he has always requested the DNA test, and wanted to know IF the QC is his..but has no idea where she or any of her family were/are OR what surnames they are under..
Been through the courts regarding this too..but got no-where as without whereabouts/surnames we cannot file anything to apply for a test ourselves...
Stuck between a rock and a hard place....:(

bdt1

DUTR wrote: »

That is where the difficulty rests , as if he could prove he lived elsewhere, then that side of the issue is case closed.
In regards to the financial redress, you may get £50 possibly £100 but it won't offset the claim they have against your partner

Ok from where I see it (my opinion only) there are several things need considering here.

Firstly, Didi is saying she has NO PROOF (on paper) where her other half was living in 1993. She really needs to try and source some evidence, I know that online there are resources via 192 etc which can track people to certain addressess, maybe she could have a look at this so she has evidence.

Secondly with regard to missing documents in the DP File, yes, the MEF and IMA should be included, and both of these documents would have an address printed on them, whether they were received by the NRP is another matter. I think she needs to push with CSA Data Protection Unit , CSA Complaints and the ICO regarding the missing documents, as when they are backed in a corner and admit they have 'lost' or mistakenly 'destroyed' the relevant documents then they breach the 7th Elelment of DP Law, whereby this can proceed to Small Claims, or CSA redress. ICO have in our case advised Court action as each breach is worthy of up to £5000!

I know that it may be Didi cannot prove the address of her other half in 1993, but surely if she can prove via CSA DP File there is no evidence regarding a MEF or IMA ever being sent then, she can proceed with this avenue anyway.

Just my opinion, but that's what I would do

bdt1

Didismump wrote: »

Hmmmmmmm ok...well I 'thought' that financial redress WAS higher than that IF proven..(which we CAN prove as we have full details (thank you CSA) of the sibling...

Sorry just meant to add, yes with regard to sibling info, and breach in DP Law for this element of your case, yes, you can prove the CSA have breached the Law. But you really need clarification and investigation of this by ICO, before proceeding to Court with it.

Let them investigate the CSA fully on your behalf, and let the CSA apologise for the breach in Law then you are in a astronger position as you have a confession/apology in writing from the Muppets themselves

Didismump

Thank-YOU bdt1 for keeping the faith....

Have already drafted the letter to the Complaints Dept and will be using a similar template for the DPU and the ICO ( do you have the address for the ICO at all???)
I intend on sending the letter I have drafted to the Complaints Dept to several others..including also the CEO and the Enforcement Office as I feel SO goddamn strongly about malpractice and any injustice, simply as we have fought this for SO long ( my OH since '97 and me alongside since 2000)...

It IS all wrong..and just by them saying,
'Oh yes...we have found the address he was living at in '93, and it is definately where we sent both the MEF & the IMA to' ....does NOT make it factual...

I am going to try 192 myself..and I wonder if anyone knows where I MIGHT find 'how' the CSA traced that he made credit applications from where he WAS living then..because THAT also MIGHT help???

I am going guns- a- blazing...and will ONLY concede when I am totally satisfied that what THEY say is correct ( and I VERY much doubt it,somehow..deep down..my gut tells me so...hmmmm)