Mortgage PPI from 2004

[Never-In-Doubt]

Re: Question about SAR

Hi - you DO NOT need to provide photographic ANYTHING and I strongly urge you not to. The DPA is quite explicit in stating that for a Data Controller (your insurer) to provide SAR in line with s.7 they must be satisfied the request came from the Data Subject (you).

This is means all that the Data Subject (you) needs to do is provide enough evidence that they know it's actually you and a signed request quoting ANY historic account or reference number with full name, date of birth & address (at the time & now if changed) - and that's it. If they do not comply then utilise the ICO Complaints process.

It'll help you if they try and fob off a later PPI reclaim which you refer to the FOS as you'd have evidence from ICO that they take the piss, if you're following me.

So to respond, I'd argue what they're requesting is in fact a breach of their Data Protection Responsibilities and that they do not require photographic anything. We do have a template that'd be ideal if edited, Refusal To Accept SAR Request

[Stressedoutmum]

Re: Question about SAR

Thank you! I'm away to check out that template now! This is now holding up my complaint being looked at by an actual Ombudsman for a final decision so I will be making the FOS well aware of this too!

[Stressedoutmum]

Re: Question about SAR



Hi again! Just another quick question. I basically repliedto Assurant advising that they do not require photographic ID for me and myhusband. They have everything they need. This was sent recorded delivery andthey rec’d it at 9.30am on 15/05/15. Since then I have not heard a thing andthey have not yet cashed the fee. My question is, do they have 40 days from myfirst SAR request which they received on 27^th April, or did theclock reset for them and the 40 days started again on 15^th May? I amrequired to keep the Ombudsman up to date with this so I want to let them knowwhen the time is up really. Thanks again!!

[Stressedoutmum]

More urgent SAR advice please

I have had no response from Assurant regarding my request, apart from when they asked me for photographic ID which I told them I was not prepared to give them as they had everything they needed to ensure I am who I say I am. They have not cashed my chq and the 40 day period was up on Wednesday. Do I now send a chaser? And what happens if they still don't reply? This is frustrating me as I am also having to keep the ombudsman up to speed as they are waiting to make their final decision. This is just another example of Assurant not taking me seriously which has been the case from day one. I just want this resolved but I am prepared to wait as long as it takes even if I have to keep writing to them for the info I am entitled to!

Thanks in advance!

[nightwatch]

Re: More urgent SAR advice please

Hi stressed

I have just had a look at the thread you started about this, http://forums.all-about-debt.co.uk/s...tion-about-SAR

did you send the 'refusal to accept SAR request' that niddy mentioned?
if not you may need to send that, with an opening paragraph stating that you wrote to them on the xx/xx/xxxx, it was delivered and signed for on the xx/xx/xxxx and that you expect a reply, asap,
you could also mention that you are considering a complaint to the ICO if this is not dealt with as a matter of urgency.

[cymruambyth]

Re: More urgent SAR advice please

Hi, in your other thread you ask if the clock was reset for the 40 days reply to your SAR. It did not. I would send them a one line letter to say as they have failed to fulfil their legal requirement you are complaining to the ICO. (Information commissioners office). Complete this form and let the ombudsman know what is happening.

[Never-In-Doubt]

Re: More urgent SAR advice please

I have had no response from Assurant regarding my request, apart from when they asked me for photographic ID which I told them I was not prepared to give them as they had everything they needed to ensure I am who I say I am. They have not cashed my chq and the 40 day period was up on Wednesday. Do I now send a chaser? And what happens if they still don't reply? This is frustrating me as I am also having to keep the ombudsman up to speed as they are waiting to make their final decision. This is just another example of Assurant not taking me seriously which has been the case from day one. I just want this resolved but I am prepared to wait as long as it takes even if I have to keep writing to them for the info I am entitled to!

Thanks in advance!

If the Ombudsman is involved you wouldn't need SAR as they will get the info required direct from the lender. What is going on, exactly, as what you're saying doesn't add up quite right. The moment you involve the Ombudsman, you do not need to request anything - they have direct access to relevant contacts and they themselves request any missing data in which to assess any complaint - so why are they waiting and more specifically, what are they waiting for, from your SAR, they they can't get themselves from the creditor?

[Stressedoutmum]

Re: More urgent SAR advice please

If the Ombudsman is involved you wouldn't need SAR as they will get the info required direct from the lender. What is going on, exactly, as what you're saying doesn't add up quite right. The moment you involve the Ombudsman, you do not need to request anything - they have direct access to relevant contacts and they themselves request any missing data in which to assess any complaint - so why are they waiting and more specifically, what are they waiting for, from your SAR, they they can't get themselves from the creditor?

Thanks for all your replies. I basically requested a SAR to see if I could find any evidence (other than my policy document) that showed a connection between Assurant and the company who sold our policy to us. The Ombudsman have asked me to provide anything else I think could berelevant before making their final decision, but I am now thinking there is no point as I can’t see Assurant replying, probably as they know my complaint hasn’t been upheld so far, and it is just delaying the inevitable, and if the FOS will have received everything Niddy I am flogging a dead horse?


Another question I would have in light of what you have said Niddy, is am I allowed to see what info Assurant have provided to the FOS? I still feel like I have been fobbed off and I felt the FOS’s response (after 2 years of having my complaint) was very sparse. It was a 2 page letter, but their actual reason for not upholding my complaint comprised of 3 small paragraphs that took up a fifth ofthe actual letter itself. They have said Assurant ‘confirmed’ that Capital Mortgage Connections did not act as their agent and that they’ve seen no evidence to contradict that. They then go on to say they’ve checked if there was any DIRECT connection between the 2 companies but ‘from what we’ve seen it doesn’t look like the case'. I’d like to know how Assurant CONFIRMED this, what the FOS have SEEN and wonder what would be construed as a DIRECT connection?This all bothers me a lot as I have not seen the evidence that Assurant have provided, how do I know a exists and that it's not just their word. I have a policy document where Assurant confirm my policy was set up by Capital Mortgage Connections.


Thank sagain, I appreciate all of your input greatly!

[PlanB]

Re: More urgent SAR advice please

I can see that di30 has been helping you with this PPI claim since you started it in February 2013.

http://forums.all-about-debt.co.uk/s...l=1#post498710

Perhaps you can update on that thread to keep everything together.

Plan B x

[Stressedoutmum]

Re: More urgent SAR advice please

Thanks I'll do that. I might pm her incase she's not on for a while.

[PlanB]

Re: More urgent SAR advice please

I might pm her in case she's not on for a while.

I've asked someone to merge this thread onto the end of your original one for the sake of continuity too. Let's keep it all in the same place.

Having glanced at your other thread it seems the FOS are making their decision based on what information the lender has sent them which is not necessarily the same thing as everything they have on record.

There may have been some selective editing going on there

Plan B x

[Stressedoutmum]

Re: More urgent SAR advice please

I've asked someone to merge this thread onto the end of your original one for the sake of continuity too. Let's keep it all in the same place.

Having glanced at your other thread it seems the FOS are making their decision based on what information the lender has sent them which is not necessarily the same thing as everything they have on record.

There may have been some selective editing going on there

Thanks!

Plan B x

Thanks!


Yes this is my concern, not that I don’t trust Assurant or anything!! Lol They didn’t exactly fill me with confidence when they ‘dealt’ with my original complaint. I use the word ‘investigate’ loosely as I don’t think they actually looked into it at all. Basically nothing to do with them they said! This is the thing that bothers me most, I understand they didn’t SELL me the policy, but they checked it, took my money and underwrote it, so as far as I’m concerned they are complicit and it’s not over til it’s over! Haha!!

[Undercover Elsa]

Re: Mortgage PPI from 2004

Hi stressedoutmum,
I've merged your three threads regarding this claim and the SAR, so we have all the background info. You just need to post in here now

Elsa x

[Never-In-Doubt]

Re: More urgent SAR advice please

Another question I would have in light of what you have said Niddy, is am I allowed to see what info Assurant have provided to the FOS? I still feel like I have been fobbed off and I felt the FOS’s response (after 2 years of having my complaint) was very sparse. It was a 2 page letter, but their actual reason for not upholding my complaint comprised of 3 small paragraphs that took up a fifth ofthe actual letter itself. They have said Assurant ‘confirmed’ that Capital Mortgage Connections did not act as their agent and that they’ve seen no evidence to contradict that. They then go on to say they’ve checked if there was any DIRECT connection between the 2 companies but ‘from what we’ve seen it doesn’t look like the case'. I’d like to know how Assurant CONFIRMED this, what the FOS have SEEN and wonder what would be construed as a DIRECT connection?This all bothers me a lot as I have not seen the evidence that Assurant have provided, how do I know a exists and that it's not just their word. I have a policy document where Assurant confirm my policy was set up by Capital Mortgage Connections.

Thank sagain, I appreciate all of your input greatly!

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Hiya

Ok thanks for added info - the ICO have changed their rules slightly and now it appears that a firm can ask for ID and unless you provide it then they do not have to comply with the SAR so if I was you, I would write back with a follow up, as advised by ICO, requesting they deal with your request.

Something like this - and allow another 14 days. Once you have sent this, you need to scan and email a copy to the adjudicator and ask them to sit tight whilst you obtain the information requested. They will wait, it'll be fine.

Dear Sirs,

Non response to a subject access request

I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation. As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.

In your last reply, dated [date] you implied that you wanted photographic evidence which I refused to supply, in my response dated [date]. I am happy to answer account specific security questions and provide all personal details that you would hold, such as full name, address and date of birth. I do not feel that requesting photographic evidence is acceptable because you never had anything with my photo to begin with so my photo would be totally irrelevant to you and would not actually achieve or prove anything. The only details you should have of me is the personal account details as already provided.

If I do not receive a response from your organisation within 14 days, I will report this matter to the Information Commissioner’s Office (ICO)

You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.

If there is anything you would like to discuss, please contact me on the following telephone number [enter phone number].

Yours faithfully


Sign Normally

Regards the FOS, are you dealing with them via email or letter? It's best to deal via email and assuming you are, send the adjudicator a response like this:

Dear Sirs,

Ref: xxxxxxxx

I write further to previous correspondence in relation to my complaint against [enter name of firm here]. I have today sent the firm a reminder having discussed this case with the ICO and a copy of my letter to them is attached. It seems the firm are asking for photographic evidence which I am not prepared to supply, because it would not assist with any verification processes required based on them never having seen photographic evidence in the past.

As you can see, I am really struggling with this firm and the fact they seem to be ignoring me is tantamount to guilt - can you please contact your contact at [enter firm name] and request that they comply with my lawful s.7 SAR Request?

In the meantime, and whilst I allow the firm an additional 14 days to provide the information, can you please diary this complaint and I will keep you updated with any progress and send any copies of communication between the firm and myself, and myself and the ICO which will obviously be my next step in 14 days if the firm have not responded to my request.

Kind regards


Your Name

================================================== =======================

***** ONLY USE THIS ONCE YOU HAVE COMPLETED THE STEPS ABOVE *****

If the creditor has refused to comply with SAR in an additional +14 days then you need to complain to the ICO and once they email back confirming that they're investigating, then you forward that to the adjudicator at the FOS who is dealing with the complaint and ask them to sit tight whilst you await the ICO decision.

Info --> https://ico.org.uk/for-the-public/personal-information/

Here is the ICO Complaint form --> Access Complaint Form

** https://ico.org.uk/media/report-a-co...ation-form.pdf

Once completed send it here --> casework@ico.org.uk and copy in the FOS adjudicator.

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[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi stressedoutmum,
I've merged your three threads regarding this claim and the SAR, so we have all the background info. You just need to post in here now

Elsa x

Thank you!!