# Irish Independent 8th Jan - Data Protection Commissioner Probe



## SaySomething (9 Jan 2017)

Interesting article in the Irish Independent yesterday.

http://www.independent.ie/irish-new...sb-over-missing-tracker-letters-35349642.html

Synopsis: DPC are investigating a number of cases where customers' files are incomplete and missing documents. The article references a PTSB case where a family's file omits tracker and fixed rate documents. Crucially, the family discovered their own copies at home, but without the documents on the original file they may have been excluded from the tracker review.

Disclosure: My account is one of the cases that they are investigating as I have discovered my file is incomplete after a data protection request to Ulster Bank.


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## Lightening (9 Jan 2017)

I got my files in 2013. I have more than one mortgage. I didn't compare until the last few months and discovered my files are also missing documents. This relates to specific info referring to tracker in one file and not the other. I have also seen an internal email that deliberately states it will retain certain info (not send to me) as there was an error in the loan offer that they did not want highlighted.
Am in tracker review but was waiting for outcome! Should I contact DPC now?

Edit: the lender is not permanent tsb


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## SaySomething (9 Jan 2017)

@Lightening Referenced in the article above, the DPC seems to give the banks 6 months (!) to come up with missing information that they should already have given to customers under the 40 day rule. I would say contact the DPC now. Also bear in mind that the DPC seem to have a backlog of approximately 4-6 weeks before they even correspond with complainants and open a case (this is contrary to their stated 15 working day policy on their website). That makes it over 7 months delay before they might be able to get results to you.


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## odyssey06 (9 Jan 2017)

This doesn't sound like a data protection issue to me. This sounds like fraud - unless the data protection request is to obtain evidence of fraud?


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## Sarenco (9 Jan 2017)

Lightening said:


> I got my files in 2013. I have more than one mortgage. I didn't compare until the last few months and discovered my files are also missing documents. This relates to specific info referring to tracker in one file and not the other. I have also seen an internal email that deliberately states it will retain certain info (not send to me) as there was an error in the loan offer that they did not want highlighted.
> Am in tracker review but was waiting for outcome! Should I contact DPC now?



Yes, absolutely.  You should also forward that email to the Central Bank - that's outrageous behaviour.


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## Lightening (9 Jan 2017)

We also feel it's fraud.  I'm going to act on it today! Regardless of the time frame and the tracker review outcome we need to get this out. Am so confused and exhausted by the whole issue.


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## Lightening (9 Jan 2017)

Thanks Sarenco! I will do this today. Thanks for all your prompt replies.


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## mister32 (9 Jan 2017)

I didn't get much support from the DPC when I complained about two MFAs not forthcoming from BOI.

BOI simply said they were irretrievable. DPC seemed to find this acceptable. See below.



I refer to your further emails to this Office which we have now examined.

Bank Of Ireland have outlined to you in their most recent response that the
particular documents that you are seeking are not retrievable. Given that
the bank have explained why they cannot provide these two documents it is
not clear that there would be any value in this Office intervening in the
issue as we will only receive the same response. Unfortunately if the
documents are not retrievable there is nothing we can do to assist further.

I am sorry we cannot be of more assistance in the matter.


Yours Sincerely


Information Officer
Office of the Data Protection Commissioner
Canal House
Station Road
Portarlington
Co. Laois


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## notabene (9 Jan 2017)

Lightening said:


> I got my files in 2013. I have more than one mortgage. I didn't compare until the last few months and discovered my files are also missing documents. This relates to specific info referring to tracker in one file and not the other. I have also seen an internal email that deliberately states it will retain certain info (not send to me) as there was an error in the loan offer that they did not want highlighted.
> Am in tracker review but was waiting for outcome! Should I contact DPC now?



I would send to the Central Bank for the attention of Elaine Mannix - She has my emails which I got in a data protection request which stated that I should have had my tracker back as per section 2 of the contract and that they had benefited financially by only paying 'compensation' rather than taking charge of the mortgage for its remaining term.

She won't be able to do anything individually for you but she can use the information in their wider investigation of the bank

I would also agree feel both your case and mine are examples of fraud to be honest - and agree on the exhaustion too!


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## Lightening (9 Jan 2017)

Thanks Notabene. Am going to CB first (rang them this morning) and will lodge complaint with DPC anyway even though there doesn't seem to be much confidence in them


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## notabene (9 Jan 2017)

Lightening said:


> Thanks Notabene. Am going to CB first (rang them this morning) and will lodge complaint with DPC anyway even though there doesn't seem to be much confidence in them



do it anyway - the more it gets highlighted the better - and could be unlikely but you never know


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