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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45319
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have requested copies of details of work done from a Home

Resolved Question:

I have requested copies of details of work done for me from a Home Improvement Company
as I am in dispute regarding Work that was done on my previous Property.
Have they a legal obligation to provide them? James Kennedy
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What work was done and what types of documents specifically are you after?

Customer: replied 6 months ago.
They relate to Exterior Home Improvements. the disputed one is regarding Renewing a Conservatory.As I had four jobs on the go I requested a longer term on the conservatory to their Rep and recieved docs, mistakenly thinking that it was replacement.
s my wife was seriously ill I did not check that the previous loan had been cancelled. When my wife died I asked to pay all outstanding loans at Barclays, but they are trying to recover ther duplicate!
Expert:  Ben Jones replied 6 months ago.

So was the loan a separate loan you had taken out for the work or was it arranged through the builders?

Customer: replied 6 months ago.
Arranged through tthe builder, what I want basically is the documentation giving details of the two Jobs.
Do they have to provide them to me?
Expert:  Ben Jones replied 6 months ago.

From a strict legal perspective they do not have to issue these documents if requested. However, if they contain details from which you are personally identifiable, such as your name and address, then you can argue that they amount to personal data under the Data Protection Act 1998. In that case you have the right to get copies of them under a procedure known as a ‘subject access request’. This is where a data controller, which is someone who holds personal data about you, is required to disclose such data to you when requested. Whilst you cannot force them to disclose it, you can take it further such as reporting them to the Information Commissioners Office or even going to court, although I would hope that by making a formal request they would comply.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to make a subject access request, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45319
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Please continue
Expert:  Ben Jones replied 6 months ago.

Thank you. 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:

{C}· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';

{C}· Provide details of the data you are requesting copies of;

{C}· Any information you believe the organisation will require to find your information.

The organisation 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, the organisation must send you a formal response within 40 days.

The main remedies open to individuals if they suspect a breach of the above rules are:

{C}· 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.

{C}· An application to court alleging breach of the SAR rules and seeking an order for compliance.

{C}· A claim for damages against the data controller and, if the individual concerned can show they have suffered damage, a claim for compensation for distress.

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