Can you DSAR a Solicitor

[jody123]

Hi,

 

I have tried to DSAR a firm of solicitors icw with a mortgaged property repossession, as I am trying to get hold of court papers from 1999 - I've been direct to the court, but they told me that they do not hold the paperwork for more than 5 years.

 

I have written to the solicitors and sent them the cheque etc., but they have replied as follows:

 

The request you have made to access any personal date that we may hold on you refers to personal data that we hold on behalf of our client ***. Therefore your request for a copy of the data should be addressed direct to *** as data controllers.

 

Is this correct? When I DSARd the band direct a couple of years ago they did not provide any information from the solicitors, despite my asking them.

 

If I can DSAR them direct - what arguement do I go back with?

 

Jody

[jody123]

bump anyone.

[lookinforinfo]

Jody, trying to DSAR solicitors is always difficult as they tend to stonewall you with tales of "we are governed by solictor-client privilege". Also although records relating to property have to be retained for 12 years, they may well argue that even if they had received some personal data from the bank about you, should it not contain details about the property involved, they would probably argue that they destroyed it after 6 years. I do hupe that they returned your money.

 

Your best bet is to go back to your bank and push them for what you want. Do not send them any further money but point out that certain data was not provided when you perviously requested it and you consider that they are in breach of the Data Protection Act. Ask them to explain why they have not sent you the documentation requested. You can complain to the ICO if they do not send what you rightly paid for.