Using the Data Protection Act to get disclosure from a Financial Institution.

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ladylu

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I wonder is it ok if i post a separate thread on this as it is linked to my first thread but I feel it is not well known about. And I have not seen it on here.

Every person is entitled by law to do a freedom of information act disclosure on themselves with their bank.

Basically you send off a simple letter enclosing a cheque for the amount of €4.65 (not 100% sure the amount) requesting all information your bank holds in relation to you. They have 40 calender days to hand it over. I know of a person who done it and they had a phone call from their bank manager telling them there was no need to go down that route. Which should set off alarm bells that the paperwork on their end is not good.

Has many people done this on here?
Any interesting stuff you found out by doing this?

One health warning it does set off alarm bells in the bank that all is not well. But if your going down anyway what does it matter.
 
The Freedom of information only applies to government bodies.

The Data Protection Acts 1988-2003 apply to banks and anyone else holding data. The max fee is €6.35.

They cannot wriggle out of this. Suggestions not to go down that route should not be heeded.
 
Thanks i was talking about data protection act and yes enclose a cheque for €6.35.
 
Insist the file is presented within the 40 days. Sounds dodgy they tried to worm out of it.

On another note I have witnessed a file that had the names of bank officials scratched out i.e the people who were adamant the loan be approved and the people who approved the mortgage. Generally a lot of data regarding signatures and some dates were omitted.

Is that legal?
 
The file I saw had a few F###s etc put in for the real words quite colorful language in it. The guy I know who was put off from getting his information has since requested it again. Haven't heard was there anything juicy in it or not. The fact they tried to stop him getting it would suggest to me there was a problem in his file.
 
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This is a most interesting thread indeed. Where a dispute exists with a Financial institution how is a person to know if they are receiving the entire file without parts and pieces being left out ??
 
I applied for and received the entire file on my mortgage last year as I am going through divorce. I was given all MY side of the files as in every time my ex husbands name was mentioned it was blacked out, names of staff in the mortgage company were scratched out and none of his own dealings with the bank were in the file so they had some work cut out for them in getting it to me! I had no problem obtaining a form off them to get my file (kbc) and it was sent to me promptly and within the specified amount of days.
 
I recently did this.

I was after the Terms of Business Letter, Conflict of Interest policy and internal documentation surrounding how they assessed my mortgage application.

Basically I was trying to show that they were not compliant with the Consumer Protection code.

Of course they produced basically none of what I asked for because I know they did not do what legally they were supposed to.

They even had the cheek to say that the Terms of Business Letter which is legally supposed to set out how they do business with me is not my personal data and I cant have it as (I was after it was in 2007/8 when they didn't have a policy) but I could have a copy of their current policy (ooh the irony).

Hopefully the FSO will see them for what they are
 
Would it be fair to say that if you requested all the informaiton they have on you, and at some future date they produced addtion undisclosed documentation, say in the course of any legal proceedings, that you could challenge the admisibility of this etc ?
 
They would be prosecuted under data protection legislation at the very least.
 
I rang up my bank PTSB last year looking for the terms and conditions of my mortgage to be sent out to me. The person on the phone told me that the file was so big that I needed to know which part I wanted to see. I told him I wanted to see it all, but he told me I could only req to see a certain part of it and that if I wanted to go ahead with the req that I would need to get my solicitor to contact the bank directly that I could not do it myself.

Is this the correct procedure ?
 
No.

If you make a request under section 4 of the data protection act 1988 they must give you the info. There is no need to use a solicitor. If they fail to comply the data protection commissioner will get involved.
 
This is all you need to do forget about ringing you have to write and do it yourself

Address it to your local manager that you would of orginal branch you dealt with.

example

Dear sir/madam
I request you furnish me with all data the (bank of whatever) hold in relation to me. I enclose a cheque made payable to the bank for €6.35.

Yours sincerely
XXXXX


Make sure you enclose your address, date the letter and get the letter registered so their is no room for silly beggars going on. And be prepared for a file about 6 inches thick that you might have to collect from the branch on most likely the very last day of 40 calendar days the have to comply with thw request.
 
If there were a number of investments with the same Financial Institution will a single request suffice ? As with a Pension Policy, does this make up a separate request ?

Moreover if policies were taken out in children's names by parents when they were minors, will this be a separate request for each child (adults now) ?
 
there was a case where financial institution went up against the ombudsman and the financial institution had recorded the line of a phone call they never provided it to fso despite being asked for relevant material.it ended up in high court and suddenly unbeknownst to fso there's a transcript the bank submits as evidence. so there is two breaches of data protection / disclosure and also a breach of the act that sets out powes of fso.....really hope fso goes after officer of bank for noncoperation misleading etc...and gets the bank officer a custodial term.......so yes they are limiting what you can get and id say unless there is a live dispute its regular practice
 
Raging Bull said:
there was a case where financial institution went up against the ombudsman and the financial institution had recorded the line of a phone call they never provided it to fso despite being asked for relevant material.it ended up in high court and suddenly unbeknownst to fso there's a transcript the bank submits as evidence. so there is two breaches of data protection / disclosure and also a breach of the act that sets out powes of fso.....really hope fso goes after officer of bank for noncoperation misleading etc...and gets the bank officer a custodial term.......so yes they are limiting what you can get and id say unless there is a live dispute its regular practice
Click to expand...

This post is garbled and meaningless. Perhaps you could edit it using clearly written English?



Please take a little time to write your post carefully. Use complete sentences. Use paragraphs.
Click to expand...
 
Raging Bull said:
there was a case where financial institution went up against the ombudsman and the financial institution had recorded the line of a phone call they never provided it to fso despite being asked for relevant material.it ended up in high court and suddenly unbeknownst to fso there's a transcript the bank submits as evidence. so there is two breaches of data protection / disclosure and also a breach of the act that sets out powes of fso.....really hope fso goes after officer of bank for noncoperation misleading etc...and gets the bank officer a custodial term.......so yes they are limiting what you can get and id say unless there is a live dispute its regular practice
Click to expand...

Hi Raging Bull,

Do you mean request a transcript of all telephone calls between the mortgage company and the debtor? If this is what you mean, then yes you are 100% correct. People are so focused on getting their hands on the file that they neglect to ask for the transcripts. This really gets the banks goat up!
 
Hope2divorce said:
I applied for and received the entire file on my mortgage last year as I am going through divorce. I was given all MY side of the files as in every time my ex husbands name was mentioned it was blacked out, names of staff in the mortgage company were scratched out and none of his own dealings with the bank were in the file so they had some work cut out for them in getting it to me! I had no problem obtaining a form off them to get my file (kbc) and it was sent to me promptly and within the specified amount of days.
Click to expand...

Does anybody know if omitting signatures of the bankers who signed off mortgages is actually legal?
 
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