Rossendales Data Protection Act Question

[Malinec77]

I have a dispute in progress with HMRC over a tax credit overpayment. I'm waiting for a tribunal date from HMRC and in the mean time I have Rossendales making demands for payment.

In a nutshell I have sent HMRC a DPA SAR and am awaiting the data from them.

Rossendales sent back the £10 for their DPA SAR saying they are not the data controllers on this matter. However I still want to see what data Rossendales are holding on me but if they are not the data controllers in this dispute do they still have an obligation under the DPA to release the data they are holing relating to me as a data subject?

Surely they must be the controller of some of the data they are holding on me? I suspect I should send a second DPA SAR worded slightly differently perhaps including the phrase " all data of which you are the controller". If they are just the data processor in this dispute what are their obligations?

Any advice or guidance would be most welcome.

[FlamingParrot]

Re: Rossendales Data Protection Act Question

Rossendales like all debt collectors would have very basic details about you and the account, such as your name, address and phone number and the amount HMRC has supplied to them. They wouldn't be able to tell you how HMRC arrived to that figure which is presumably what you were after, such as statements of tax credits payments and where the overpayment originated.

In what capacity are Rossendales acting? Are they just demanding payment as debt collectors or acting as enforcement agents (a.k.a. bailiffs)?

[Malinec77]

Re: Rossendales Data Protection Act Question

Rossendales are just acting as collectors but I was curious to see when HMRC appointed them as I'm awaiting a tribunal date and I wondered if HMRC have demonstrated procedural impropriety or Wednsebury unreasonableness by appointing Rossendales to collect before the tribunal has ruled.

[stevemLS]

Re: Rossendales Data Protection Act Question

The right to access personal data is against data controllers rather than data processors, if Rossendales are acting as debt collectors, or indeed bailiffs, they may well be merely acting as processors so far as the DPA is concerned.

Rossendales Ltd and Rossendales Collect Ltd are registered data controllers so it depends entirely on the nature of their relationship with HMRC.

[nemesis45]

Re: Rossendales Data Protection Act Question

The right to access personal data is against data controllers rather than data processors, if Rossendales are acting as debt collectors, or indeed bailiffs, they may well be merely acting as processors so far as the DPA is concerned.

Rossendales Ltd and Rossendales Collect Ltd are registered data controllers so it depends entirely on the nature of their relationship with HMRC.

That is all they can be same as the DCA's acting for the DWP.

nem