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How Marston find you

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  • #16
    Re: How Marston find you

    Originally posted by bluebottle View Post
    Unless I am very much mistaken, Enquirer, Marston are obliged to reveal the source, as is any organisation who handles an individual's personal data. An SAR may not be necessary. The OP needs to speak to the ICO in the first instance and be guided by them. If they don't need to do an SAR, they will have saved £10.
    I have just checked this with ICO directly.

    ICO confirm that the Principle of "Fair Processing" requires that the company concerned disclose the source of the data. They do however advise that the person making the SAR make it very clear in their request that they expect the source to be revealed.

    ICO also confirms that if the company seeks to conceal the source by saying that they 'don't know', that will be a de facto breach of the Act - the absence of an audit trail means they have not handled the data correctly.

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    • #17
      Re: How Marston find you

      No matter where the info came from if the OP owes the fine it needs to be paid and they try to get rid of the bailiffs fees knowing who gave the info wont squash the fine?

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      • #18
        Re: How Marston find you

        Originally posted by wales01man View Post
        No matter where the info came from if the OP owes the fine it needs to be paid and they try to get rid of the bailiffs fees knowing who gave the info wont squash the fine?
        You are spot on Wales, however if say 30% of traces are faulty that is a lot of non debtors being wrongly targeted, DCAs like Muck Hall are good at that as are Marstons

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        • #19
          Re: How Marston find you

          Originally posted by enquirer View Post
          I have just checked this with ICO directly.

          ICO confirm that the Principle of "Fair Processing" requires that the company concerned disclose the source of the data. They do however advise that the person making the SAR make it very clear in their request that they expect the source to be revealed.

          ICO also confirms that if the company seeks to conceal the source by saying that they 'don't know', that will be a de facto breach of the Act - the absence of an audit trail means they have not handled the data correctly.
          Thank you, kind sir. That speaks volumes. Excellent bit of research. I wonder how much ICO would fine Marstons if they have been using dodgy methods or agencies using dodgy methods. From what I have been able to find out, the highest fine ICO has imposed so far is £420,000. The maximum is £500,000. Pity it isn't an unlimited fine. Just think of the eye-watering amounts ICO could fine some non-compliant firms that seem to come up on LB over and over again.
          Life is a journey on which we all travel, sometimes together, but never alone.

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          • #20
            Re: How Marston find you

            Originally posted by bizzybob View Post
            You are spot on Wales, however if say 30% of traces are faulty that is a lot of non debtors being wrongly targeted, DCAs like Muck Hall are good at that as are Marstons
            Whilst I agree with what Wales says, I also have to agree with BB. Marstons have form for getting it wrong, sometimes, with serious consequences.
            Life is a journey on which we all travel, sometimes together, but never alone.

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