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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48159
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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How do I get a copy of my file from the managing agents of

Resolved Question:

How do I get a copy of my file from the managing agents of my apartment block? I have asked but they are refusing
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What is in your file that you wish to see?
Customer: replied 1 year ago.
Its the copy of the file that they have on me
Expert:  Ben Jones replied 1 year ago.
But do you know what is sorted on that file?
Customer: replied 1 year ago.
It would have everything to do with me and my property. I am a an estate agent agent and was taught that anyone can ask for a copy of their file under the data protection act, and everything we held on that client including notes had to be handed over. How do I get them to hand my file, whatever is on it
Expert:  Ben Jones replied 1 year ago.
Yes you are correct that Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';· Provide details of the data you are requesting copies of;· Your main personal details - full name, date of birth and address;· Any information you believe the organisation will require to find your information. They may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, they must send you a formal response within 40 days. However, you cannot force them to disclose the data, if they did not want to they can dig their heels in and simply refuse to provide the requested copies. The main remedies open to individuals if they suspect a breach of the above rules are:· A statutory request to the Information Commissioner asking them to determine whether or not it is likely that the SAR has been carried out lawfully.· An application to court alleging breach of the SAR rules and seeking an order for compliance.· A claim for damages against the data controller and, if the individual concerned can show they have suffered damage I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
A quick question, am I charged £38 for this, or would that be for a phonecall? Or would a phone call be an extra £38?
Expert:  Ben Jones replied 1 year ago.
Calls are extra, so the amount you have paid is just for the written exchange
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