life/critical illness

[di30]

Re: life/critical illness

Good luck.

[kate2222]

Re: life/critical illness

Having read the letter properly now im home the insurers state that in 2006 my partner rang them to give them his change of address and he requested a surrender value of the endowment as he wanted to encash it but he did not ask them to cancel the life insurance. As it is up to him to cancel premiums etc the policy still ran because it did not need to run aside a mortgage.
We can accepted the last sentence, and we accept he phoned in 2006 to give change of address, the reason why he did not cancel life policy because he thought it was still worth the £22k it was when he took it out and would still be worth that when paid up.
What we cannot accept is he asked them for a surrender value of the endowment. The endowment they are talking about was surrendered back in 2004 when he complained he was missold it and they awarded him £6k which he accepted, the endowment bit of the mortgage was then transfered to capital and interest repayment.
Shall we querey this with them or wait until we hear from the sales dept re being missold the life policy? thanks

[di30]

Re: life/critical illness

Hiya

Personally I would see what they come back with first, and see what they have to say, so we can work on those areas if they do not right then resolve this matter. x

[kate2222]

Re: life/critical illness

Right, Barclays are being very unhelpful and passing us around from pillar to post, saying they can only go back to 2007, then they said they cant even find my partner on their system!! Err well he has and is still banking with them for over 25 years!! At the last minute they found a loan taken out in 2007 which is paid up and we knew we had no ppi. So looks like we will have to go down the SAR route.

[di30]

Re: life/critical illness

A SAR will hopefully do the trick, and 6 years of holding data is not normally the case with banks, some hold data going back into the late 90's, so maybe they are trying it on in hope you walk away, but that is right, so do not give up.

[di30]

Re: life/critical illness

A SAR will hopefully do the trick, and 6 years of holding data is not normally the case with banks, some hold data going back into the late 90's, so maybe they are trying it on in hope you walk away, but that is right, so do not give up.

[kate2222]

Re: life/critical illness

def not giving up is there a SAR template i can use, thanks

[di30]

Re: life/critical illness

Hi

Try this one below. (It's the one I used over the time). Was having probs with puter earlier, so am sorry for the delay.

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,



Your name

[kate2222]

Re: life/critical illness

Done and posted, will keep you posted!

[kate2222]

Re: life/critical illness

Just a quickie regarding the life policy, we have just realised it states partner as a non smoker but he is a smoker, and would of told them this as well aware if you lied they would not pay out!! could we use this as amunition??

[di30]

Re: life/critical illness

Hi Kate

Yes you could tell them that there are a few mistakes on the paperwork, which could affect a claim if one were to have been made.
No harm done.

[kate2222]

Re: life/critical illness

another update - still waiting to hear back from life policies. But had a reply from Barclays re the SAR request we sent, our letter stated 'Iam writing to request a full disclosure of my personal and financial recordswith regard to the loan and credit card accounts I hold/ have held with yourcompany.'

We have just received a letter back saying 'as we cannot locate your insurance policy' we cannot help further and return your cheque of £10.00'.

We sent the letter to Policy admin dept at Dublin as we were told its these who hold all the archive stuff. HELP!

[di30]

Re: life/critical illness

another update - still waiting to hear back from life policies. But had a reply from Barclays re the SAR request we sent, our letter stated 'Iam writing to request a full disclosure of my personal and financial recordswith regard to the loan and credit card accounts I hold/ have held with yourcompany.'

We have just received a letter back saying 'as we cannot locate your insurance policy' we cannot help further and return your cheque of £10.00'.

We sent the letter to Policy admin dept at Dublin as we were told its these who hold all the archive stuff. HELP!

Hiya
Thanks for the update.

May I ask how long ago the Barclays account was opened/closed, just wondering why they're unable to locate the policy.

When you sent the £10, was this for a full SAR request? Usually for the agreement alone is just a £1 and £10 is if your requesting for all data in relation of the account.
If the account was opened and even closed within the last 6 years, they should surely hold some details.

Here below is a good letter used for a full SAR request......

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,



Your name

[di30]

Re: life/critical illness

Did they not give you a written explanation of why they could not provide the data?

Even if they no longer hold the agreement, they should still hold other details of the accounts, and if any PPI etc, especially if they were still active over the last 6 years or so. Some will hold details for even longer.

You could otherwise contact/write and ask them to provide other data in relation of the accounts, as that payment you previously sent them would have covered for all acounts taken out with them

[kate2222]

Re: life/critical illness

Hi Di this is the letter we sent :
Iam writing to request a full disclosure of my personal and financial recordswith regard to the loan and credit card accounts I hold/ have held with yourcompany.

Please confirm your interest and provide thefollowing for all the accounts I have ever held with your organisation within40 days.

• Original credit agreements with agreement numbers
• A full schedule of transactions/ statements for all accounts
• Confirmation of the total amount of money I have paid by way of premiums for any PPI policies from inception until today’s date. Please also confirm the date of inception.

• If the PPI was sold by telephone please let me have the name of the employee/agent and a recording of the call and any subsequent follow up calls between yourselves and me (un-edited).

• If the PPI was sold in a branch please let me have the name of the employee/agent and a copy of their records of the sale to include notes and any forms signed by me. If it is your practice to complete an “income protection eligibility form” or similar please provide me with a copy.

• Any underwriting information (including but not limited to the ‘underwriting sheet’) you hold on me.

• Any information on commissions paid to by you, to you or involving any broker involved.

• If the policy was sold online please let me have a copy of your vetting procedure to ensure that I was eligible for cover.
• Copies of all correspondence which pertains to me in any format (including post, email and microfiche)

If your office is unable to deal with this request,please pass it immediately to the Data Controller within your organisation.

I hereby enclose a cheque for £10 which is themaximum statutory fee in respect of a Subject Access Request, under the provisionsof the Data Protection Act 1998.





I look forward to your prompt reply. Should I failto hear from I shall ask my solicitors to issue an application for pre-actiondisclosure under CPR Part 31.16. If this becomes necessary you will no doubt beaware that should the application be successful you will be responsible for theircost.