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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Data of protection Norwich pharmacal order. Does anyoneData

Customer Question

Data of protection Norwich pharmacal order. Does anyoneData of protection Norwich pharmacal order. Does anyone know how to apply for this. I require access to personal details of 6 university students that owe me rent payments but have left without paying. Section 35 a and b of the data of protection
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

You need to complete form N208

Alex Watts :

You are asking the Court for an Order for specific disclosure pursuant to CPR 31.17

Alex Watts :

You need to pay a Court fee of £175

Alex Watts :

Can I clarify anything for you about this today please?

Customer : Hi. This is what I have done. But not sure if making the defendant as the university was the right thing to do. I'd like to hear from others please but you keep replying to my new messages. I'm stating to get annoyed. I appreciate ur help but I wud just like some others to post there comments
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you although I fear you will not like my reply.
I cannot see anyway that you can make such an application in this matter UNLESS the University itself placed the students with you.
You can read about how and when these Orders are made here
and I cannot see how your case would fit - unless as I said the University was responsible for placing the students with you in the first place
I am sorry - I am aware that this is not what you wish to hear - but I am afraid that using such an order to get the information UNLESS the University were in some way responsible for the predicament you are in - is simply not going to be countenanced
Customer: replied 4 years ago.
Hello. Thank U for the message. The university has a scheme that landlords can join. They help us by inviting students to an open day. This is how I got them. The landlords have to abide by certain conditions etc. that's the only tie I can see. I thought under section 35 a an b someone can obtain personal details because it is To do with legal issues
Expert:  Clare replied 4 years ago.
I do not think that is a good enough link unless as part of the scheme the University offers some form of guarantee that they will indeed provide you with onward addresses
I am afraid that in order for the basic requirements to be reached for the release of the information there has to be a link however innocent between the person holding the information and the wrong doing - otherwise such orders could always be used - against every type of organisation and undermine the purpose of the act itself.
The reference to legal proceedings would be for any information held that related to the case itself - NOT how to get hold of the possible parties
Customer: replied 4 years ago.

Is there no way to get a court order so I can go bk to the foi officer and ask for my request to be reconsidered not that I have official document showing why I require the information. And that under section 35 they could
Disclose the info without breaching the data of protection

Expert:  Clare replied 4 years ago.
No I am sorry there is no way they can be forced to give you the information.
Section 35 is NOT for use in a position such as this where you are just seeking the address so that you can start proceedings.
It is for use in cases where the information is needed as evidence within the case.
I am sorry I know that this is not what you wish to hear but I am afraid that there is no law you canuse to force the University to give you this information
Expert:  Nicola-mod replied 4 years ago.

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