Subject Access Request

[catherinea1971]

I sent a subject access request off 42 days ago, I have not had any response from it, it was delivered. Problem is I am in a mediation session with the other party tomorrow and needed the documents I requested for mediation. What are my rights now?

[prh47bridge]

Who is the other party? What is the mediation about? What information are you requesting? Without knowing the answers to these questions it is impossible to tell whether or not they have to supply the information you are after. Even if you are entitled to the information the courts may take the view that the discovery rules under the Civil Procedure Rules are more appropriate.

[catherinea1971]

Sorry, it is a firm of solicitors, they are taking me to court for monies they say I owe, I need the info they have on file to see what they are talking about! They have not even written saying they will not be providing the info and they have told the mediation people that it is their policy not to comply with such requests!

[prh47bridge]

As you are in a mediation session tomorrow sorting out whether or not they are in breach of the DPA is likely to take too long.

It is not enough for them simply to say you owe them £x. If you are disputing the debt they have to prove that you owe them this money. I therefore suggest you say either that you do not agree that you owe them anything or that you do not agree with the amount they are claiming - I would imagine you have already said one of those things. It will then be up to them to come up with some evidence to support their argument.