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data protection act

data protection act

Postby stitchedup on Mon Jan 05, 2009 10:59 pm

can anybody please tell me whether I ned to do a data subject access request to retrieve correspondence files from past solicitors or do I have right to just ask them for it. many thanks
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Postby mobaldy2005 on Tue Jan 06, 2009 1:08 am

We have come across this situation before, in all honesty the correspondence file held by solicitors is not something they would like to disclose to past clients, we have recieved a few files by mistake in other cases but when I looked into this subject correspondence files can and should be given to past clients.

The infomation contained in these files would open a can of worms for most clients thus the solicitors are generally un-willing to hand over these files.

Just go for it and ask the solicitor for the file, the stark look on their face would be a picture.

your not supposed to know this about your files, would be their instant response.

if you have been given all your case files from your old sol and the correspondence file is not there, just pop along to their office and ask them for it.
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Postby NRparent on Tue Jan 06, 2009 11:52 am

Mobaldy is right. There is no expectation from solicitors to give you the correspondence file.

I found that writing a polite letter asking for the file (after a final hearing) is a helpful step forward.

Solicitors don't have any need for the file after the case is over, so it goes into paid storage. If you are quick enough to ask for the file after the case is over, the solicitor might reason that giving you the file saves him the cost of storage....and you get the file.

It would be worth writing to ask for the file. Your letter should be retained on that file and it shows that you did ask for it. There hasn't been a case (that I know of) where the record was an advantage, however, I think a record pre-dating a future event might give you an advantage which you might not have had.
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Postby stitchedup on Tue Jan 06, 2009 4:03 pm

thank you for this.

I foolishly just presumed it would be in with the whole of the file, I mean you would have thought it was evidence for the evidence or something and just all stayed together.

I can't believe how slippery it can get. I can't believe the amount of veils this secrecy lark creates I asked my current sols for my file and they happened to inform me that my correspondence file from the last sols was not there. I asked the old sols for it months ago.

If it hadnt of been for this site I would have gone along not noticing. thanks guys
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Postby outdatedgem on Wed Jan 07, 2009 1:45 am

hi all you have 5yrs to request your files from any solicitor who has been dealing with a case for you
my old solicitor told me this when i left her as she was leaving for higher up job
but said if within the next 5 years i needed to get hold of my files then just send a letter to the firm
hope this explains xxxxxx lynne
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sols files

Postby outdatedgem on Wed Jan 07, 2009 1:47 am

hi again just to say
after 5 years the said files are destroyed by the acting solicitors so im told
lynne xxxxx
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Postby stitchedup on Wed Jan 07, 2009 9:17 pm

thank u gem this is good to know

well of course NRP if it got this bad I would just do a data protction act on the ex solicitor
i wouldn't mind so much but they are just such you know
fascists

I should not have to ask them for it 5 times
they have had at least 3 requests in the past
a recent email, unanswered
I tried to fill out their "quick help form " on the net on their site but that does not work, surprise!
and now I have had to send a registered letter, you know its just not on


Fascist movements commonly oppose: laissez-faire capitalism[7], liberalism, communism, conservatism, democracy, individualism, internationalism, and pacifism
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Re: data protection act

Postby Lydia on Mon Sep 07, 2009 1:33 pm

I was going to apply for files under data protection act, but after reading the above posts, this would be impossible as my case is nine years old, so they would have been
destroyed, shame
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Re: data protection act

Postby Revenger on Thu Oct 01, 2009 11:28 pm

I know some SS hold the files for 90+ years, well worth the £10 spend. Ask them for EVERYTHING, guidance is all over the net or on the bottom of http:// nameshamesocialworkers. blogspot. com
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Re: data protection act

Postby TC on Fri Oct 02, 2009 8:03 am

As per a post on a previous thread, my husband is a DPA advisor. We can not guarentee immediate responses due to work commitments, but can answer relatively quickly.
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