ConsumerWiki - Bailiffs: Subject Access Request

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SAR for Bailiff Company

With thanks to Tomtubby

Explanation

The first letter is a draft Subject Access Request that can be adapted to suit your own particular circumstances that should be sent to the bailiff company to query the fees and charges made. The company must, by law, respond within 40 days.

The reply from the bailiff company to your Subject Access Request is a key document, which will enable you to see whether or not you have been incorrectly charged and whether you have any basis for complaint, or indeed legal action.

From queries that we receive, it would appear that a number or less reputable companies wait until the legal expiry date of the request to respond by saying that the fee of £10 was not enclosed and they cannot deal with your request. As 6 weeks would have already lapsed, and within another wait of 6 weeks before your next letter is dealt with, our advice would be to include a cheque for £10. If the fees charged are incorrect, we would advise that you request a refund of this fee when taking further action,

If you find that after 7 days, your cheque has not cleared from your account; our advice would be to write immediately to the bailiff company asking for confirmation that they had received your request.

The 2nd follow up letter should be sent if the company has not complied with your request correctly.

Note: By law, the company has 40 days in which to respond to your request.


First letter


(Enter date)

Dear Sirs,


SUBJECT ACCESS REQUEST ( S.7.)

Dear Sirs,

Re: (Enter you reference details.)

The purpose of this letter is to make a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998, as I object to the level of fees that have been applied to my particular case.

Accordingly, I require a full and detailed breakdown of the fees and charges that have been applied to my account. In providing this information, could you ensure that you provide a true copy of the screen print/computer record of my account.

With regards to van fees and attendance fees, please state the date and precise time of the attendance and the type of vehicle used.

Could you also confirm the name of the Certificate Bailiff dealing with my account and the date and court details where he gained his certificate and confirmation also that his certificate provides from him to work for your company.

Finally, I also require a copy of the Warrant of Execution (applicable in cases of unpaid parking charge notices).

Please find enclosed a cheque for £10.00 payable to (relevant bailiff company). Could you please confirm that this request has been received. I am enclosing a stamped addressed envelope for this purpose.

I look forward to receiving this information as soon as possible, but in any event, within the strict time limits imposed under the above Act.


Yours Faithfully.


Second Letter

Dear Sirs.

SUBJECT ACCESS REQUEST (S.7)


Re: (Enter you reference details.)

Thank you for your letter dated (insert date) the contents of which have been noted.

Unfortunately from your response it is clear that you have not complied with my Subject Access Request dated (insert date) a copy of which is enclosed. (enclose a copy).

As you are aware, I am entitled, by law, to a detailed breakdown of all of the costs that have been applied to my particular case. Your letter dated (insert date) merely states the amount of your charges; it does not provide a detailed breakdown of how those charges have accumulated.

In relation to my queries on the matter of the bailiff’s certificate, you have not confirmed details of the bailiff’s certificate. (enter details if necessary)

Accordingly, I wish to put your company on notice that: if I do not receive from you all of the information previously requested, by close of business on (insert a date for 7 days time), I will be left with no other alternative but to commence legal proceedings against you without any further reference to you, both in regards to your failure to comply with your statutory obligations under the Data Protection Act 1998, and for recovery of fees unlawfully charged to my particular case pursuant to………

(With regards to Parking Charge Notices): enter: (The Enforcement of Road Traffic Debts) (Certificated Bailiffs) (Amendment) (Regulations 2003).

(With regards Council Tax or Business Rates) enter (The Council Tax (Administration and Enforcement) (Amendment) (Regulations 2003)

Please note that, if you then produce in evidence, documentation which ought to have been disclosed to me by now, I will have no hesitation whatsoever in referring the Court to this letter as evidence of your serious default in this matter.

A copy of this letter is being sent to (insert name of local authority).

 

Yours Faithfully

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