Dear Sir or Madam,

Will you confirm or deny that Officers of the Commission are
subject to S. 1 (1) (a) (iii) of the Malicious Communications Act
1988.

Yours faithfully,

fred robinson

Dear Mr Robinson

I am writing in response to your request for information of 11 November
2008. Your correspondence has been treated as a request for information
under the Freedom of Information Act 2000.

You asked the Information Commissioner’s Office to “confirm or deny that
officers of the Commission are subject to S.1 (1) (a) (111) of The Malicious
Communications Act 1988.”

I can advise you that ‘Officers of the Commission’ are subject to the laws
of the land, as are other citizens. Therefore, in so much as the quoted
statute applies in the country where the officer is at the time, such an
officer is subject of the full statute, including the statutory defences.
(You will be aware that the Act does not apply in Scotland, nor (except for
section 2) in N. Ireland.

I trust this information is of assistance to you.

If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your request
has been handled you should write to the Internal Compliance Team at the
address below or e-mail [1][email address]

Your request for internal review should be submitted to us within 40 working
days of receipt by you of this response. Any such request received after
this time will only be considered at the discretion of the Commissioner.

If having exhausted the review process you are not content that your request
or review has been dealt with correctly, you have a further right of appeal
to this office in our capacity as the statutory complaint handler under the
legislation. To make such an application, please write to the Case
Reception Team, at the address below or visit the ‘Complaints’ section of
our website to make a Freedom of Information Act complaint or a Data
Protection Act request for assessment online.

A copy of our review procedure is attached for your information.

Yours sincerely

Richard Kerr

Assistant Internal Compliance Manager.

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

1. mailto:[email address]

Dear Sir or Madam,

I trust that you are confirming that the officers of the Commission
are subject to the Malicious Communications Act and know that it is
an offence to communicate information that is known to be false.

Yours sincerely,

fred robinson

Dear Mr Robinson

I’m not sure what your question is. I have pointed out that ICO staff are
subject to the law as is any other citizen.

If you think that this office holds further information which can assist
you, please do let me know.

Yours sincerely

Richard Kerr

Assistant Internal Compliance Manager.

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

Dear Sir or Madam,

Why not just say so in plain english.

Yours sincerely,

fred robinson

Dear Sir or Madam,

I REFER YOU BELOW TO THE CONSEQUENCES OF FALSE AND MALICIOUS
STATEMENTS MADE BY THE IC TO SEFTON MBC:

Please refer to Mr Richard Roscoe, data protection officer at
Sefton Council who was involved, with other officers of Sefton
Council in the receipt of covert e-mail correspondence, i.e. hidden
(from myself but, with regard to myself) with the IC regarding this
matter and,

has been sent all the relevant information today regarding his part
in the matter showing without doubt the IC was covertly
corresponding with the Council and not disclosing that
correspondence to me as the material time and the IC,

gave Sefton Council advice and guidance that they used to my
prejudice in a court case against them and,

that information and advlce, provided to the Council by the IC, was
relied on in another claim I made against the Councils insurers,
both claims having been made based on the advice of the IC to me
regarding the correction, under the DPA by the court, of fallacious
information held by both parties about false insurance claims.

The direct result of that information and advice the IC provided to
Sefton was that my home now has a charge on it and I have court
costs of tens of thousands of pounds against me by both Sefton and
their insurers.

Yours sincerely,

fred robinson

Dear Sir or Madam,

I REFER YOU TO WHAT SEFTON COUNCIL KNEW WHEN THEY, AND THE IC. WERE
COVERTLY CORRESPONDING WITH EACH OTHER AND OBTAINING FALSE AND
MALICIOUS STATEMENTS ABOUT MY DPA APPLICATION:

LETTER TO SEFTONS LEGAL DIRECTOR JANUARY 24TH 2003

Will you please send me ALL information held by yourselves to which
I am entitled to request under the Freedom of Information
legislation now in force. I request copies of ALL my correspondence
to the Council to check what you have and have not received to
compare it with the information you send. I request ALL information
you hold on any claims and settlement of claims held by your
Finance Department and allegedly made by myself.

LETTER TO SEFTON COUNCIL 1ST FEBRUARY 2003

Will you please send me ALL information held by yourselves to which
I am entitled to request under the Data Protection legislation now
in force. I request copies of all my correspondence with regard to
claims and settlement of claims held by your Finance Department,
also information of how the alleged settlement of a claim,
regarding my gable wall in 1997, referred to by Mr Barr on January
2000, (Ref: GRB/JBJ/HSG1187) was made and to whom ? I have none of
this correspondence. I also request a copy of a letter from the
Council to Maritime Housing stating I had made a claim for damage
to my gable wall in 1993.

LETTER TO MS ELWOOD SEFTONS FEBRUARY 8TH 2003

With regard to my request for ALL information I am entitled to
under the DATA PROTECTION ACT I enclose a cheque for £10 which I
believe is the correct fee. I especially request that ALL
information regarding claims against the Council and their
settlement be forwarded to me with any correspondence regarding
these claims that was sent to third parties and any notes which
were added to files or computer records.

LETTER TO SEFTON FEBRUARY 14TH 2003

Will you write to me and confirm that you have received both my
application and payment of £10 for information under the DATA
PROTECTION ACT, dated February 8th 2003.

LETTER TO SEFTONS LEGAL DIRECTOR FEBRUARY 20TH 2003

I asked not only for information held by the finance department. I
asked for ALL information I was entitled to under the data
protection act to be provided. This means All information not only
that held with regard to claims held by the Finance Department as
you appear to believe. I have been told by the Finance department a
summons was issued against me regarding Council Tax;- Summons No
2340104 at - The Law Court, Albert Road, Southport. I have written
to the court and they state "the summons No you have quoted does
not relate to one of our cases". Consequently I will not be
attending court.

LETTER TO SEFTONS LEGAL DIRECTOR FEBRUARY 22ND 2003

I formally request that SMBC's letter to MHA, dated between 1st and
10th February 1999, be provided to me as part of my request, and
payment, for information under the Data Protection Act. I believe
that the Council has committed breaches of The Data Protection Act
and ask that you give a reasoned respond to the following to
explicate the matter.

Background

1. In about June 1993 I visited Sefton Councils (SMBC) Planning
department and saw plans for a proposed development of a new
housing estate on land adjacent to my property. This was proposed
to occur after the demolition of buildings adjoining my property
then in situ on the land. These plans show the gardens of the
proposed houses extending to my gable wall - evidently after the
removal of a nib wall and footings.

2. In August and September 1993 I expressed concern in writing to
SMBC I stated it appeared, from the plans, a nib wall and old
footings abutting my gable wall were to be removed during the
forthcoming development. On October 1st 1993, SMBC (Mr Barr) told
me the nib wall and footings abutting my gable wall should not be
interfered with during the development. This fully resolved the
matter.

3. On March 7th 1994 SMBC (Mr Barr) arranged to survey and
photographed my property. The nib wall is shown on some of these
photographs. This survey does not record any damage, cracking or
deterioration to my gable wall. At the outset of demolition of
buildings adjoining my property - [which occurred between March
14th and April 6th 1994] - the nib wall and footings were
photographed in situ.

4. On April 6th and 21st 1994 I reported to SMBC that my property
had been damaged during the demolition of the adjoining buildings -
[It was acknowledged on April 15th 1994 (pp Mr Barr), the one dated
April 21st 1994 was not.] There was no mention of demolition of a
nib wall in this correspondence. - [The nib wall was witnessed by
SMBC's contractors in situ on April 21st 1994.]

5. On July 4th 1998 I wrote to my solicitors reporting latent
damage to my property due to the demolition of the nib wall. This
damage was located at the point where the nib wall had been.

6. On January 27th 1999 I wrote to Maritime Housing Association
(MHA) regarding my property.

7. On February 1st 1999: MHA's Director of Development and Property
Services. (Mr Quayle) wrote to me that MHA's records showed the
land had been transferred to them in "mid 1995" and, citing SMBC as
their consultants, stated he would write to SMBC regarding the nib
wall. - [Between February 1st and 10th 1999 SMBC had clearly
responded to MHA.]

8. On February 10th 1999 MHA (Mr Quayle,) after receiving
correspondence from SMBC, wrote to me with regard to the nib wall,
that. "Matters surrounding this particular wall began as early as
1993."

9. On March 4th 1999 MHA (Mr Quayle) wrote to me that ;- It was
Fawley Construction Ltd - MHA's building contractor. - "Who was
responsible for our development at Kepler Street."

We (MHA and Fawley) are "all convinced that the "nib" wall was not
in existence when we took possession of the site." - [Possession
has been given by MHA, Fawley and SMBC as March 14th 1994.]

That I should be aware that MHA. "Were not responsible for the
demolition of the maisonette blocks which previously occupied the
site, following demolition by Sefton Council."

That "On the evidence I have it would appear, therefore, that the
"nib" wall was removed during the demolition contract." - [This
evidence would appear to be, based on SMBC\s letter of February
1999 to MHA attesting that SMBC were responsible for the damage to
my property caused by the demolition of the nib wall and, had
demolished it and the adjoining buildings in 1993 and, had owned it
until "mid 1995."]

That "I am taking the opportunity of copying this letter to Mr G
Barr at Sefton Council, so that he is fully aware of the
correspondence that has passed between us."

10. On March 10th 1999 MHA (Mr Quayle) confirms that; "The
demolition of the maisonette blocks was carried out, under contract
by Metropolitan Borough of Sefton. I have previously confirmed that
this Association took possession of a cleared site."

"I am aware now of the nature of your enquiry, in that you are
alleging the "nib" wall was demolished after the site was cleared."

"Once again I am taking the opportunity of copying both your letter
and my response to George Barr at Sefton and also to Fawley
Construction." - [Thus SMBC (Mr Barr) knew in March 1999 that I was
alleging the nib wall was not demolished during the demolition of
buildings adjoining my Property in 1993 and, MHA were holding SMBC
responsible for its demolition prior to their possession.]

11.On October 22nd 1999 MHA (Mr Quayle) wrote stating he had.
"Found a letter from Sefton, written to me in February 1999 in
which it is stated;" - [From the above it was apparently written by
Mr Barr.]

"The whole issue of damage to your gable wall appears to go back to
1993."

"That you had a claim against Sefton Council at that time." [i.e.
In 1993.]

That this claim was due to. "Cracking and deterioration of your
gable wall" which had occurred due to. "Demolition of adjoining
buildings".

This letter from MHS to myself quotes verbatim from my
correspondence with SMBC dated August and September 1993. This
correspondence was written solely regarding SMBC's apparent
proposal to demolish the nib wall and remove the footings. - [There
was no demolition adjoining my property in 1993. No mention of the
nib wall is made between 1994 and 1998.]

12. On November 24th 1999 SMBC's Director of Technical Services (Mr
Williams, Mr Barrs superior) states, regarding SMBC's
correspondence to MHA of February 1999 that;

"As the appointed agents of Maritime Housing in respect of the
redevelopment scheme we have a contractual obligation to provide
information to them in respect of work carried out on their behalf;
and also in respect of any matter material to their interest in the
land being developed."

"Mr Barr had, on behalf of Sefton merely complied with his
contractual obligations."

That this information was supplied by SMBC to MHA in "good faith."
- [I also refer you to correspondence to Messrs Barr, Williams and
Heywood, SMBC's CEO, dated respectively; Barr
16/10/99-30/10/99-6/12/99. Williams 29/11/99. Heywood 18/1/00.]

Conclusions

With regard to the above it appears that the Council have breached
the following Principles of "The Data Protection Act 1998." The
reference numbers I use in brackets below are from the December
2001 issue of the "Legal Guide to the Data Protection Act". I
presume you are is au fait with the above1998 Legal Guide.

First Principle: (3.1) (i) SMBC did not obtain my consent (3.1.5)
to disclose to MHA the personal date (2.2) contained in my letters
of 1993 to them.

(ii) That it was known to SMBC that the provision of this personal
data to MHA was regarded by myself as being prejudicial to me.

(iii) The data was not provided to MHA in a fair and lawful manner
(3.1 and 3.1.4) and, did not protect my vital interests, in fact it
worked against them. This I stated to SMBC in November 1999.

(iv) That the data provided to a third party (MHA) was not provided
within a reasonable timescale (3.1.7.7)

Second Principle: (3.2) (i) SMBC had obtained the data in 1993 for
the sole purpose of resolving the matter of their apparent proposed
demolition of the buildings adjoining my property. This matter was
fully resolved by Mr Barrs letter to me dated October 1st 1993.

(ii) The data was used for a different, incompatible, unfair and
unlawfully purpose (3.1. 4) when it was stated by SMBC to MHA in
February 1999 to have been the basis of a claim for damage to my
property in 1993 which had not occurred in 1993.

Third Principle: (3.3) That the data supplied to MHA by SMBC was
irrelevant and excessive in relation to the purpose it was provided
to MHA for.

Forth Principle: (3.4) The data supplied to MHA by SMBC was
incorrect and misleading with regard to the reason stated by SMBC.
i.e. that it was a claim. This incorrect and misleading assertion
was not withdrawn by Mr Williams in November 1999 (3.4 [b].)

Fifth Principle: (3.5) The data was kept for longer that it was
necessary for the purpose it was provided for. - i.e. 6 years.

Sixth Principal: (3.6) The data was not processed with regard to my
rights (3.6.b[ii]) and has caused damage and distress to me.

Seventh Principle: (3.7) The data which was passed to MHA by SMBC
was done so in an unauthorised and unlawful manner.

LETTER TO MS ELWOOD SEFTONS LEGAL DIRECTOR FEBRUARY 26TH 2003

I write with regard to my letters to you dated 1st, 8th and 22nd
February 2003 concerning my request for ALL data I am entitled to
under the Data Protection Act. This letter should be read in
conjunction with my previous letters on the matter and deals with
SMBC's insurance managers AON.

Background 1. I have been notified by AON. (Mr Pearson, Claims
Adjuster) that, with regard to an "incident" dated January 1st
1994, a "public liability claim" (My Ref: W215732) was issued to
AON by SMBC. It is evident that this claim contained data which
caused AON to write to me advising me that I "seek legal advice in
connection with the same". This claim would appear to be connected
with damage to my property.

2. As January 1st 1994 was a bank holiday it is extremely unlikely
that any work was carried out on that day by SMBC - or anybody else
on its behalf - that would have given SMBC the legitimate reason to
send data, which identified me to AON, regarding the "incident"
alluded to and on which I should take - "legal advice."

3. Regarding the date of January 1st 1994, again, as it was a bank
holiday, there would have been no post that day and, therefore, it
may be that the claim for the "incident" had been delayed in the
Christmas post and, was the alleged claim notified to MHA in
February 1999 by SMBC as damage to my "gable wall," caused by the
"demolition of building adjoining my property in 1993".

4. If the "incident" reported to AON occurred on the land adjoining
my property, i.e. the Kepler Street site, and was that which
damaged my "gable wall" and was caused by the demolition of
"adjoining building in 1993" by SMBC. It is abundantly clear that,
that "incident" occurred prior to December 24th 1993 because, for
SMBC to make a legitimate public liability claim. This claim would
have had to have been made prior to SMBC's public liability
indemnity and any contractual obligation to AON - e.g. for any
claims regarding the land, a nib wall or my gable wall - ceasing on
December 24th 1993 and liability passing from SMBC to MHA on
[allegedly] December 24th 1993. [See letters to me from; MHA dated
February 1st 1999, Mr Williams dated September 26th 2000, Ms Swale
dated June 19th and August 8th 2001 and Mr Heywood dated May 1st
2002.]

I request that the data supplied to AON, which established January
1st 1994 being applied to the above claim, is sent to me as part of
my request and payment for information under the Data Protection
Act.

Conclusion With regard to data supplied by SMBC to AON, which
clearly allowed AON to identify me, SMBC appear to have breached
The Date Protection Act as follows. References to the Act are again
in brackets.

First Principle: (3.1) (i) SMBC did not obtain my consent
(3.1.1-3.1.5) to disclose to AON the personal data (2.2) [whether
true or false] to them.

(ii) This personal data SMBC provided to AON [whether true or
false] was prejudicial to me.

(iii) The data [whether true or false] was not provided to AON by
SMBC in a fair and lawful manner (3.1 and 3.1.4) and, did not
protect my vital interests, in fact it worked against them.

(iv) the data supplied to AON by SMBC [whether true or false,] was
not fair (3.1.7-3.1.7.1-3.1.7.2-3.1.7.3)

Second Principle: (3.2) (i) If SMBC had obtained the data in 1993
for the sole purpose of resolving the matter of their apparent
proposed demolition of the buildings adjoining my property. This
matter was fully resolved by Mr Barrs letter to me dated October
1st 1993.

(ii) If (i) above is true. The data was used for a different,
incompatible, unfair and unlawfully purpose (3.1.4) when it was
stated by SMBC to AON to have been the basis of a public liability
claim, which may have been for damage to my property in 1993. NB,
SMBC have not given me a reason for this claim.

Third Principle: (3.3) That the data supplied to AON by SMBC was
irrelevant and excessive in relation to the purpose it was provided
to SMBC for, i.e. the resolution of SMBC's intentions regarding the
nib wall and footings.

Forth Principle: (3.4) The data supplied to AON by SMBC was
incorrect and misleading with regard to the reason stated by SMBC.
i.e. that it was a public liability claim.

Sixth Principal: (3.6) The data was not processed with regard to my
rights (3.6.b[ii]) and has caused damage and distress to me
(4.2-4.2.1)

LETTER TO MS ELWOOD SEFTON’S LEGAL DIRECTOR MARCH 1ST 2003

I write with regard to my letters to you dated 1st, 8th 22nd and
26th February 2003 concerning my request for ALL data I am entitled
to under the Data Protection Act. This letter should be read in
conjunction with previous letters on the matter and deals with
SMBC's insurers Royal SunAlliance (RSA.)

Background

1. I have been notified by RSA of a "public liability claim" (Claim
Number RR98XN,) with regard to an "incident" dated January 17th
1994 and told it was being handled by RSA on behalf of SMBC. RSA
gave me no indication what this claim was for. It is evident that
this claim contained data which allowed RSA to write to me asking
me to advise them if I was "represented in this claim". This
"incident", i.e. event or occurrence, would appear to be connected
with damage to my property on January 17th 1994.

2. As January 17th 1994 was, and still is, given by RSA as the
"incident" date regarding a public liability claim against SMBC, it
would appear the data that was supplied to RSA came from SMBC and
allowed RSA to identify me from it.

3. The reason for this public liability claim to RSA is not known
to me, however, It is abundantly clear that, the "incident" - which
occurred on January 17th 1994 - could not be the subject of a
legitimate public liability claim by SMBC because, for SMBC to make
a legitimate public liability claim. The "incident" which caused
the claim would have had to have been made prior to SMBC's public
liability indemnity ceasing on December 24th 1993 and, as you know,
liability passing from SMBC to MHA on December 24th 1993. [See
SMBC's (Mr Heywood, CEO) letter to me dated May 1st 2002.]

I request that the data supplied to RSA, identifying me and,
causing January 17th 1994 being applied to the above claim, is sent
to me as part of my request and payment for information under the
Data Protection Act.

Conclusion

With regard to data supplied by SMBC to RSA, which clearly allowed
RSA to identify me, SMBC appear to have breached The Date
Protection Act as follows. References to the Act are again in
brackets.

First Principle: (3.1) (i) SMBC did not obtain my consent
(3.1.1-3.1.5) to disclose to RSA my alleged personal data (2.2)
[whether true or false] to them, i.e. that I had made a claim.

(ii) This personal data SMBC provided to RSA [whether true or
false] was prejudicial to me.

(iii) The data [whether true or false] was not provided to RSA by
SMBC in a fair and lawful manner (3.1 and 3.1.4) and, did not
protect my vital interests, in fact it worked against them.

(iv) The data supplied to RSA by SMBC [whether true or false] was
not fair (3.1.7-3.1.7.1-3.1.7.2-3.1.7.3)

Second Principle: (3.2) (i) SMBC had not obtained the data
regarding an incident dated January 17th 1994 from myself or
anybody representing me, therefore by that virtue it could not be
used in a compatible, fair and lawfully manner (3.1.4) when it was
stated by SMBC to RSA to have been the basis of a public liability
claim.

Third Principle: (3.3) That the data supplied to RSA by SMBC was
irrelevant and excessive.

Forth Principle: (3.4) The data supplied to RSA by SMBC was
incorrect and misleading.

Sixth Principal: (3.6) The data was not processed with regard to my
rights (3.6.b[ii]) and has caused damage and distress to me
(4.2-4.2.1.)

LETTER TO MS ELWOOD SEFTONS LEGAL DIRECTOR MARCH 5TH 2003

I write with regard to false and misleading and damaging
information supplied by the Council (SMBC) to Fawley Construction
Ltd and my former solicitors Canter Levin & Berg (CLB) between
January and March 1995 and Mr Benton MP on January 12th 2000.

1. In November 1991 a survey was conducted on my property by a
structural surveyor. This survey found no damage whatsoever to my
gable wall. He noted the gables structural fragility due to it
being free standing.

2. On February 7th and 16th 1994 I wrote to SMBC noting that
"demolition has now started on the development" and warning SMBC -
with regard to 1 above - of the problems demolition of adjoining
building may cause to my property especially my gable wall. This
demolition was the commencement of the first phase of the
development of the Kepler Street site. SMBC acknowledged my letters
on February 28th 1994.

3.On March 7th 1994 SMBC - as a result of 2 - above conducted a
survey of my property. This survey found no damage whatsoever to my
gable wall. - The above proves incontestably that SMBC knew the
development of the Kepler Street site had commenced prior to March
7th 1994 and at that time their own survey proved that there was no
damage to my gable wall.

4. Between March 14th and April 6th 1994 my property was damaged by
the demolition of buildings adjoining my property. On April 6th and
21st 1994 I notified and described this damage to SMBC's Technical
Services. - The above proves incontestably that SMBC's Technical
Services knew that my property was damaged by the demolition of
adjoining buildings between March 14th and April 6th 1994.

5. On April 15th 1994 SMBC's Technical Services acknowledged the
damage in 4 above. On October 24th 1994 I had this damage
quantified by a structural surveyor. Using SMBC's survey, taken on
March 7th 1994 during the development, he found some 30 changes for
the worse in my property. He recommended, in order to prevent a
claim, SMBC be contacted to ask them to provide a grant to repair
my property.

6. On January 26th 1995 my solicitors wrote to SMBC solely
regarding my structural surveyors report and my correspondence of
April 1994. Both regarding damage caused by the demolition of
buildings adjoining my property between March 14th and April 6th
1994. They suggested meeting to discuss the matter.

7. On February 17th 1995 SMBC (Mr Waddelow) wrote to CLB stating
that "damage if attributable to development is essentially a matter
between Householders and the developer concerned" The matter was
then passed to Technical Services. At this time Technical Services
had constructive knowledge my property had been damaged during
development due to my letters of April 1994.

8. Technical Services referred the matter to Fawley, MHA's
builders. Mr Fawley visited me on March 1st 1995 and states that
his visit was prompted by "a letter Sefton Council had received
from your solicitors dated 26th January 1995 regarding the
condition of your gable wall." He also states that I had told him
regarding my gable wall that "considerable worsening had occurred
during the demolition of the adjoining buildings." - There is no
mention of cracks to my gable wall in CLB's letter to SMBC of
January 26th 1995.

9. On March 7th 1995 Mr Barr stated to CLB that survey information
was taken of the property before redevelopment. In effect Mr Barr
is stating the survey by SMBC - taken on March 7th 1994 - had
occurred prior to development. - Mr Barr states that a claim for
damage to my gable wall was "settled off" in 1997.

11. On March 4th 1999, in a letter copied to Mr Barr, MHA (Mr
Quayle) states they have evidence that the demolition of buildings
adjoining my property occurred prior to their possession of the
site. - This evidence, which is clearly untrue, is confirmed by
MHA's CEO as being obtained by discussions with SMBC and Fawley and
from MHA's, SMBC's and Fawleys records. It will not be confirmed by
SMBC or Fawley.

Under 4.2 and 4.2.1 of the Data Protection Act - Date Subject
Notice. I request that SMBC ceases to process any information you
have obtained from Fawley Construction Ltd regarding myself as it
is untrue and misleading and has, and is likely to, cause me damage
and distress. I request that you notify all the other parties it
has been passed to that it is misleading and untrue. I also request
that SMBC ceases to process the information that a claim by me
regarding my gable wall was settled off in 1997 as it is untrue and
misleading, and inform my MP Mr Benton and any other parties it has
been passed to of this fact.

I request that you send me details of any further rights of access
to information under the Freedom of Information Act which may have
come into effect in March 2003, or where I may obtain a copy of
them.

LETTER TO MS ELWOOD SEFTONS LEGAL DIRECTOR MARCH 6TH 2003

I write regarding correspondence between Fawley Construction Ltd
and the Council (SMBC) between January and March 1995. This
correspondence resulted in SMBC making false unjustified and
unsupported assertion to their insurance representatives regarding
a claim against SMBC. I refer you to my letters of February this
year to yourself related to the matter.

Background

1. On January 26th 1995 SMBC received a letter from my solicitors,
Canter Levin & Berg (CLB). This letter requested that SMBC indicate
- by reference to my previous correspondence with SMBC dated April
6th and 21st 1994 - whether they would consider funding repairs to
my property solely for alleged damage caused during the demolition
of building adjoining my property. What this alleged damage was,
and its cause, was known to SMBC from my correspondence to
Technical Services of April 1994. To resolve the matter CLB
suggested a meeting between my surveyor and SMBC. SMBC did not, as
requested, indicate if they would be prepared to fund repair to my
property or not but, state that this letter was a claim holding
SMBC responsible for "crack fractures" to my property which
allegedly only became known on receipt of this letter. [See above]

2. After telling my solicitors that the matter of damage to my
property was not essentially SMBC's responsibility but that of the
developers. SMBC contacted Fawley Construction Ltd. Fawley,
Maritime Housing Associations (MHA - the developers) building
contractors who, are said by SMBC's insurers, to be the ones
responsible for the alleged damage to my property between March
14th and April 6th 1994. In a letter copied to Mr Barr from MHA
dated March 4th 1999 it is clearly stated by MHA that. "The
Associations building contractor who was responsible for our
development at Kepler Street." This responsibility was stated by
MHA to have begun on possession by Fawley. Possession is given by
MHA, Fawley and SMBC as March 14th 1994. MHA have also stated to me
that. In March 1994 "Fawley took possession of the site." SMBC
assert the site was "handed back" to MHA on April 1st 1994. By whom
this handing back was done they will not say, however, it is
abundantly clear it was not "handed back" by SMBC as SMBC were
neither the owners or in possession of the site on April 1st 1994.
[See 2 above and SMBC's (Mr Heywood CEO) letter to me of May 1st
2003.]

3. On March 1st 1995 I was visited by Mr D Fawley, he did not
identify himself or give his name to me. He did however refer to my
solicitors letter to SMBC of January 26th 1995. Based on this
reference to SMBC I assumed he was a representative of SMBC. When
Mr Fawley - with regard to a "report" he stated he was to make -
began to ask me what I considered inappropriate questions about my
property I referred him, under my solicitors advice not to answer
verbal questions, to my solicitors for the answers. He then left.

4. On the day of the above visit by Mr Fawley, March 1st 1995, I
telephoned my solicitors and reported to them that a member of SMBC
had visited me and I had referred him to them. This message clearly
records that I did not wish SMBC to make the "report" referred to
by Mr Fawley. There is no mention of me arranging a meeting and,
given SMBC had already been asked to attend a meeting in my
solicitors letter, no logical reason why SMBC would ask Fawley to
arrange one to include SMBC.

5. On March 7th 1995 SMBC (Mr Barr) wrote to my solicitors
confirming that Mr Fawley had visited me "with a view to arranging
a meeting so the property could be inspected by all relevant
parties." Mr Barr states that (undated and unknown to me) survey
information was taken "before the redevelopment works" i.e. prior
to January 17th 1994, and it indicates that the "primary cause" of
damage to my property occurred "before the redevelopment works
commenced" i.e. prior to January 17th 1994. What this damage was or
what caused it is not mentioned. It appears to be damage SMBC state
to MHA, occurred in 1993.

6. In a letter to myself dated May 25th 1999 MHA state that,
"particular issues" over the matter of the nib wall, had been
"resolved." Clearly this is in line with Mr Barrs assertion of
January 12th 2000 when he refers to "damage to your gable wall
arising from the removal of the nibwall." And, confirms that SMBC's
Finance Department has a record of the "settling off" of a claim
for damage to my gable wall in August1997.

To better understand the reason why SMBC would refer my solicitors
letter (said by SMBC to be a claim against SMBC,) to Fawley. I
request that all correspondence regarding this matter and causing
Mr Fawley to visit me in 1995 are included in my request for
information under The Data Protection Act. It may transpire that
SMBC have breached The Data Protection Act by providing data to
Fawley regarding a claim against SMBC which identified me.

Letter to Ms Elwood Seftons legal Director March 6th 2003

I write regarding correspondence between Fawley Construction Ltd
and the Council (SMBC) between January and March 1995. This
correspondence resulted in SMBC making false unjustified and
unsupported assertion to their insurance representatives regarding
a claim against SMBC. I refer you to my letters of February this
year to yourself related to the matter.

Background

1. On January 26th 1995 SMBC received a letter from my solicitors,
Canter Levin & Berg (CLB). This letter requested that SMBC indicate
- by reference to my previous correspondence with SMBC dated April
6th and 21st 1994 - whether they would consider funding repairs to
my property solely for alleged damage caused during the demolition
of building adjoining my property. What this alleged damage was,
and its cause, was known to SMBC from my correspondence to
Technical Services of April 1994. To resolve the matter CLB
suggested a meeting between my surveyor and SMBC. SMBC did not, as
requested, indicate if they would be prepared to fund repair to my
property or not but, state that this letter was a claim holding
SMBC responsible for "crack fractures" to my property which
allegedly only became known on receipt of this letter. [See above]

2. After telling my solicitors that the matter of damage to my
property was not essentially SMBC's responsibility but that of the
developers. SMBC contacted Fawley Construction Ltd. Fawley,
Maritime Housing Associations (MHA - the developers) building
contractors who, are said by SMBC's insurers, to be the ones
responsible for the alleged damage to my property between March
14th and April 6th 1994. In a letter copied to Mr Barr from MHA
dated March 4th 1999 it is clearly stated by MHA that. "The
Associations building contractor who was responsible for our
development at Kepler Street." This responsibility was stated by
MHA to have begun on possession by Fawley. Possession is given by
MHA, Fawley and SMBC as March 14th 1994. MHA have also stated to me
that. In March 1994 "Fawley took possession of the site." SMBC
assert the site was "handed back" to MHA on April 1st 1994. By whom
this handing back was done they will not say, however, it is
abundantly clear it was not "handed back" by SMBC as SMBC were
neither the owners or in possession of the site on April 1st 1994.
[See 2 above and SMBC's (Mr Heywood CEO) letter to me of May 1st
2003.]

3. On March 1st 1995 I was visited by Mr D Fawley, he did not
identify himself or give his name to me. He did however refer to my
solicitors letter to SMBC of January 26th 1995. Based on this
reference to SMBC I assumed he was a representative of SMBC. When
Mr Fawley - with regard to a "report" he stated he was to make -
began to ask me what I considered inappropriate questions about my
property I referred him, under my solicitors advice not to answer
verbal questions, to my solicitors for the answers. He then left.

4. On the day of the above visit by Mr Fawley, March 1st 1995, I
telephoned my solicitors and reported to them that a member of SMBC
had visited me and I had referred him to them. This message clearly
records that I did not wish SMBC to make the "report" referred to
by Mr Fawley. There is no mention of me arranging a meeting and,
given SMBC had already been asked to attend a meeting in my
solicitors letter, no logical reason why SMBC would ask Fawley to
arrange one to include SMBC.

5. On March 7th 1995 SMBC (Mr Barr) wrote to my solicitors
confirming that Mr Fawley had visited me "with a view to arranging
a meeting so the property could be inspected by all relevant
parties." Mr Barr states that (undated and unknown to me) survey
information was taken "before the redevelopment works" i.e. prior
to January 17th 1994, and it indicates that the "primary cause" of
damage to my property occurred "before the redevelopment works
commenced" i.e. prior to January 17th 1994. What this damage was or
what caused it is not mentioned. It appears to be damage SMBC state
to MHA, occurred in 1993.

6. In a letter to myself dated May 25th 1999 MHA state that,
"particular issues" over the matter of the nib wall, had been
"resolved." Clearly this is in line with Mr Barrs assertion of
January 12th 2000 when he refers to "damage to your gable wall
arising from the removal of the nibwall." And, confirms that SMBC's
Finance Department has a record of the "settling off" of a claim
for damage to my gable wall in August1997.

To better understand the reason why SMBC would refer my solicitors
letter (said by SMBC to be a claim against SMBC,) to Fawley. I
request that all correspondence regarding this matter and causing
Mr Fawley to visit me in 1995 are included in my request for
information under The Data Protection Act. It may transpire that
SMBC have breached The Data Protection Act by providing data to
Fawley regarding a claim against SMBC which identified me.

Yours sincerely,

fred robinson