Freedom of Information/Data Protection Act

antoquintos

Hi everyone,

I am just wondering if you could advise me of my next steps. A company that - as far as I am concerned - owes me money, is 'fobbing me off' constantly. I keep asking them to investigate, and keep getting told 'we are investigating' but nothing is ever done.

Subsequently, I asked under the Freedom of Information and Data Protection Act's for all of the details held on me to be released, including all e-mail correspondance. I provided the company with the 40 day notice period required. This has now expired, along with another 30 days during which I have sent 3 further e-mails and letters requesting this information with no such luck.

Can anybody advise me of the next steps I can take to ensure this information is sent to me? The company is not assisting me in any way shape or form but I am still owed money by them and I am trying to access all of my information to assist with reclaiming this.

Can

browneyedbazzi

Have you considered small claims action against the company? If someone owes you money and isn't forthcoming that would generally be the way to pursue it.

As for trying to get them to send you information - you can complain to the information commissioner if they have failed to respond to a DPA subject access request. If this is a company and not a public sector organisation the Freedom of Information Act does not apply so I'm not sure why you've mentioned FOI - if you've confused the two acts and asked for information under FOI rather than making a subject access request under the DPA then they may have an excuse for not releasing the information.

antoquintos

Apologies for the confusion - I wrote the message in a bit of a rush.

Having checked my messages, I definitely applied under the Data Protection Act. At the time, I wasn't sure if it was FOI or DPA that I had to pursure - hence why I referred to both now as I could not remember which one I ultimately referred to in my message to them - but fortunately I applied under DPA.

I will be logging a complaint with the Information Commissioner as per your advice. Thank you, this is exactly what I was looking for.

National_Debtline

Hello there,

When you made your request under the DPA, did you pay the £10 fee?

The Information Commissioner's website is very good: http://ico.org.uk/for_the_public/personal_information

Best wishes,

David @ NDL.

unholyangel

antoquintos wrote: »

Apologies for the confusion - I wrote the message in a bit of a rush.

Having checked my messages, I definitely applied under the Data Protection Act. At the time, I wasn't sure if it was FOI or DPA that I had to pursure - hence why I referred to both now as I could not remember which one I ultimately referred to in my message to them - but fortunately I applied under DPA.

I will be logging a complaint with the Information Commissioner as per your advice. Thank you, this is exactly what I was looking for.

Perhaps if you can advise us of the circumstances around your original issue (them owing you money) we can help on what to do next. Reporting them to the ICO will at most get them a fine - which wont help you get your money back in any way.

antoquintos

I am trying not to go into too many details in order to avoid giving the company name away. But, basically, I made a payment transfer through a 3rd party (i.e not via a bank).

The payment was made to another company who never received the payment. They have proved to me that they never received it, because that payment method no longer existed for them.

The 3rd party that made the payment claim they never received the money back, and thus my money appears to have been lost somewhere in the system. However, all of the evidence that I have been able to gather indicates that they have received it back, and - when I presented this to them over a year ago now - they assured me that they would look into this. Every month that has gone by I get told 'we are looking into it' etc etc, and nothing is ever done, hence why I have had enough.

Whilst I appreciate that the Information Commissioner part won't necessarily help me get my money back, I am hoping that if it triggers them to finally give me all of the information they hold on me, this will assist me when I take the next steps in terms of small claims.

As per the question regarding the £10.00 fee, I have not made this payment yet. In my first contact with the company I asked them to advise me where the payment needs to be sent because I need this information urgently. They have never responded with this information and have simply continuously either replied saying "sorry, we are still looking" or have ignored my message altogether.

agrinnall

I doubt whether the ICO will investigate if you haven't paid the fee, as you haven't actually made the SAR yet. I'd say you need to submit it again by post to the registered address along with a cheque for £10 made out to whatever the company name is. If you then don't get the response within the time allowed you can go to the ICO.

antoquintos

Ok thank you for advising, I will do that - fingers crossed something comes of it