As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you.
When you need to see the information that your Agent holds about you, you can make a Subject Access Request under the Data Protection Act. A Subject Access Request obligates the data holder to provide copies of everything that they hold that you can be identified. This includes CCTV footage, telephone conversations, email correspondence between other people, etc.
The Data Protection Act is governed by the Information Commissioners Office and you can call their helpdesk – their numbers can be found on the ICO Website.
You may get a response back from the Agent stating that you’re only entitled to information that has your name and address on – this is not correct. The Subject Access Request includes any data from which you as an individual could be identified. So, as a director of business ABC Ltd, you could be identified from a document which has ABC Ltd’s name on.
The following is an example letter, in this case it is addressed to RTA (Business Consultants) Limited in Stockport. You must send this letter with a cheque for £10 and it should be sent using a Signed For method.
Mr Paul O’Reilly
Data Protection Officer
RTA (Business Consultants) Limited
Discovery House
Crossley Road
Stockport
SK4 5BH
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Dear Sir
Account: <>
I am writing to request that you forward me a copy of all data held by your organisation about me. This should include, but not be limited to all transaction lists, agreements, notes made on my account, recordings of telephone conversations and copies of letters relating to my account. If no recordings exist of telephone conversations, please provide written confirmation of this. I also require information as to what efforts were made to market my business, a statement of account and a list of potential buyers that approached you (although you may be required to remove any surname or address data for those people).
This request should include any data held for more than 6 years as under the Data Protection Act there is no time limit for information requested. If you do not hold data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.
I look forward to your response within 40 days, as RTA (Business Sales) Limited is obliged to reply within this time under the Data Protection Act. If not I shall seek remedy from the Information Commissioner. I enclose the statutory maximum fee of £10.
Yours sincerely
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