Author Topic: Data Subject Access Request letter  (Read 3286 times)

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FenMan48

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Data Subject Access Request letter
« on: September 12, 2016, 10:09:18 am »
My son recently made a DATA Subject Access Request (your letter) under the Data Protection Act 1998, to a well known builder. He received a reply with the following added at the bottom.

We may have redacted or removed the following:-

1. Any information from the attached which relates to Barratt Homes/David Wilson Homes customers;
2. Confidential information relating to our business; and/or
3. Documentation subject to legal privilege.

I am OK with the first two but what is legal privilege?  Does that mean they can in effect make the request useless and only give you back letters and e mails that you already have?

I would welcome some help on this because if their legal side is as strong as their technical side then it will need to be challenged.



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Re: Data Subject Access Request letter
« Reply #1 on: September 13, 2016, 08:45:17 am »
They are allowed to do the first two under the DPA.
As for legal privilege, these are:
"communications between a lawyer, acting in his capacity as a lawyer, and a client, are privileged if they are both: confidential. for the purpose of seeking legal advice from a solicitor or providing it to a client."

That would also seem fair enough to me.
 
Be aware Barratt have deep pockets to defend legal cases and are quite happy to ask and get their legal expenses paid by buyers who take legal action if they are unsuccessful.

Bearing in mind Barratt's customer care policy and philosophy, I am surprised and disappointed it has got this far. What does this concern?
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FenMan48

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Re: Data Subject Access Request letter
« Reply #2 on: September 13, 2016, 11:01:43 am »
This is a dispute between David Wilson Homes Bristol and my son and his wife who purchased their first home in December 2014. After one month he noticed mould growth on the walls and ceiling in the ground floor flat and reported it to the site office of DWH.

I became involved in April 2015 and a letter was sent to DWH Bristol outlining the problem and suggesting they employ the services of a professional to complete an investigation.  I myself have fifteen years experience of waterproofing and weatherproofing trouble shooting.

Since January 2015 we have had a continuous battle with David Wilson Homes Bristol and this is all documented.  Throughout this time we have asked for a meeting with senior commercial and technical management but at all times this has been refused.
Key dates are:-
1.   Jan 15. Complaint reported after one month occupation.
2.   Jan 16. First visit by David Wilson Homes representative to the inside of the flat. 
3.   Jan 16. My son and his wife moved out of the flat for a 7 week remedial having lived with the damp and mould issue for 360 days. I rejected the remedial for technical stupidity and poor workmanship.
4.   Aug 16. My son and his wife moved back to their flat after 217 days out.
 
I have now been told that this dispute could involve many flats within the same block and David Wilson Homes have employed a Chartered Surveyor to carry out an investigation.
We have currently seeking a dispute resolution meeting at their Bristol offices and have placed on record a letter to that effect which includes compensation calculations.
Every single thing about this complaint has been recorded in letter, technical report or e mail. This has been prepared for a possible court approach since day one. 
The fact that it is well recorded throughout also means there are other options that can run parallel or have separate objectives.
We did not ask for this battle but we do intend to win it.

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Re: Data Subject Access Request letter
« Reply #3 on: September 14, 2016, 06:32:22 am »
The fact that Barratt/DWH have redacted your SAR would indicate they are preparing for a legal battle.
I wish you good fortune and hope you get the justice that your son clearly deserves.
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