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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello I am in need of help once again. I have recently been

Customer Question

Hello
I am in need of help once again. I have recently been given legal advise on here by someone else 6 months ago. I am a private landlord that had 5 international Students rent my property. They left without paying. I was told that I could persue them via European court but first I would need there residential addresses in bulgeria. Hull university have confirmed they have the info but refuse using data of protection clause.
I was told to use court form N208 and get the court to make them give me the details. I have paid £175 and issues the N208. Hull Uni solicitor has sent me a letter saying to withdraw my app as they are not the prospective party. I do not understand who the form should be to. The only person I have asked for the info is from Grace Dalley
Deputy Secretary
University of Hull
Hull, HU6 7RX, UK
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What is your question of me today about this please?
Customer : Hello. Do u have my question? Do u need further info from me?
Customer : The lady I have been in contact with. (who I have asked for the student names). Replied to me today saying.My name isXXXXX am the University Deputy Secretary and  also the Freedom of Information Officer. Although I work for the University it is outside my remit to provide you with the advice you are now seeking.
Customer : The solicitor acting on behalf of the Uni has said that the university is not the correct party to whom my application should be directed. Under rule 31.16 of the civil procedure rules it is possible to make an application for pre-action disclosure but only when it is against a likely prospective party. Which in these circumstances the university is not. Your app is therefore misconceived and I would like you to withdraw it.
Alex Watts : I am sorry to say the University is true, there is no legal power that you can require them to give details of their home address.
Customer : Grace Dalleys first message to me refusing the information said the following...Thank you for your email requesting ithe date of birth and home addresses in Bulgaria of several individuals who you say are students of this University.    As disclosure of this type of information would breach the Data Protection Act we are unable to comply with your request under Exemption 40(2) of the Freedom of Information Act.    However, I can confirm that if these individuals are our students we will contact them and request their permission to release the information you seek.  In the meantime should you have any formal documentation which requires disclosure under Section 35 of the Data Protection Act (such as a court order) please can you send me the relevant information so we can reconsider your request. Your request is subject to the terms of the Freedom of Information Act 2000. Under these terms, you have the right of complaint. Your initial course of action should be through the university’s own complaints procedure. Please [email protected] or the University Registrar & Secretary, University of Hull, Hull, HU6 7RX in the first instance. If you remain dissatisfied with the handling of your request or complaint, you have a right to appeal to the Information Commissioner at:  The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.  Phone: 0303(NNN) NNN-NNNNWebsite: www.ico.gov.uk. There is no charge for making an appeal.
Alex Watts : Sadly you have no cause of action against the university and therefore they do not need to disclose anything to you.
Alex Watts : You can not request it under the freedom of information act as it is exempt.
Alex Watts : You can not request it under the data protection act as it is not your personal data.
Customer : Oh. Your joking. Section 35 a and b does say that the information can be requested if it relates to legal proceding
Alex Watts : But you have no cause of action against the university.
Alex Watts : You can complain to the ICO but they are likely to uphold the university decision.
Alex Watts : In reality if you do not know their address there is very little you can do.
Customer : http://www.legislation.gov.uk/ukpga/1998/29/section/35
Alex Watts : But it is not YOUR data,
Customer : That's not made me happy. A solicitor like urself on just answer told me to do what I have done in order to get the information
Alex Watts : They are not required by law to disclose it to you.
Customer : I see. So should I just withdraw the court action
Alex Watts : You can try but you need to name the uni.
Customer : Name the Uni???
Alex Watts : If you lose the application you have lost the £175 and would be liable for the legal costs of the university.
Alex Watts : If you have issued the claim then you might as well proceed with it
Alex Watts : Can I c
Alex Watts : Can I clarify anything?
Customer : The hearing is on 14th jan. but I don't know what there costs could be
Alex Watts : You have rated poor service?
Alex Watts : My goal is to make you totally delighted and satisfied today.
Alex Watts : How can I satisfy you today?
Alex Watts :

Thank you for your rating, but you appear to have rated POOR SERVICE three times now.

Alex Watts :

If it was a mistake then I am happy to continue because I have done that before by accident muself.

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