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  1. Having dealt with my partners PPi claims, I remebered in 2005 extending my mortgage and paying £60 in insurance payments which I cancelled about 8 months later as to expensive so I put a claim in recently. I have had a response from them today saying they are still looking into this £60 amount and will write seperatly, however they do not uphold my complaint for my Morgage protection policy which I took out in 2002 for £32 67 per month !!!!!!!!!!!!????????????????? Firstly, I didnt put a claim in for this, I only claimes for the 2005 payments plan which I cancelled pretty soon after as not needed. Secondly, I dont even know about this PPI????? I have the origional documents from 2002 with a quote for my mortgage repayments, this ppi for £32.67 and life insurance for £12. I continue to pay my mortgage today and the life insurance but I dont pay any £32 unless it is bumped in with my mortgage payments and dont know about it. I thought I had declined this and just opted for the life insurance. It is not detailed on any of my annual statements and i have never had any correspondance about this policy whereas I have about the life insurance?? Really confused here and dont know what to do, really want to get on the phone to them. I am fuming if I have been paying £32.67 every month for 11 years and they have not upheld my complaint when I didnt even put a complaint in for this in the first place........didnt know anything about it in order to compalin!!!!!! Any thoughts and advice would be very much appreciated Thank you
  2. Not this Saturday afternoon gone but the one previous, I answered my sons mobile telephone ( he had left it at home on charge whilst he was at work ). It was Nat West calling they asked to speak to my son using his christian name, I explained he was at work and could I take a message. The female caller then said no thats ok I`ll call again another time. I asked whether the call was a marketing call, the female caller couldn`t disclose any details, I asked which branch of Nat West she was from, again she declined to give details. I requested basic caller information to relay onto my son later that evening and again I asked for the name of the caller and which branch she was calling from. Again she declined my request and tried to hurriedly end the call. I asked again could I please have the callers name and branch details. Eventually I was informed that it was the local branch calling and that if I had any issues I would need to speak to the manager. The call was ended. I have written to the branch manager on behalf of my son requesting answers to the following. 1. Why wasn`t I afforded the basic caller information eg callers name and branch location. 2. Why did they ask for my son by his christian name 3. Was it usual to call on a Saturday afternoon from a withheld telephone number. Despite asking for a written response within five working days a reply has not been forthcoming so I elected to call into the bank myself today. I have spoken to the manager who informed me that he had received my letter but after investigation the person he needed to speak to was allegedly off sick until last Wednesday. This aside I was informed that the caller shouldn`t have even disclosed the banks name to me due to data protection as this would have confirmed that my son banked with Nat West. He did confirm that it would have been a marketing call ( for which my sons telephone number has now been removed from marketing and sales calls ) and that the banks telephone system is set up not to show their number. The reason for posting this message is to get other peoples views on this. With internet and banking fraud on the increase I just find it amazing that such basic caller information can`t be disclosed as it is considered data protection.
  3. Hi, Yet more grief with the above company. This is more of a warning to you than asking advice. A stolen car hit my van which was a write off. I made a claim then decided to withdraw claim and use the MIB. Now before i ceased the claim i have been getting unsolicted calls from ambulance chaser company's. The only people who knew about the accident were the Police and the insurance company. I written a letter of complaint to Swinton head office in Manchester saying why have they passed my personal information on with out my consent and breaching the data protection act. This is the response they give word for word.(main juicy bits) I write further to your complaint received on the 25 September 2013 regarding the number of calls that you say you have recently received from Third Parties, who attempted to discuss any claims that you may have had. You believe that you are receiving these as a result of Swinton passing on your data to these Third Parties. The investigation has included discussions, with external suppliers and business partners who manage our customers claims on our behalf. As a result of these discussions it has come to light that there has been a breach of data, not only in respect of our customers but other companies as well. I would like to take this opportunity to reassure you that the breach is limited to claims details and is not as a result of any action by Swinton. I can confirm that this breach of data is in the process of being further investigated by the relevant authorities. In view of this i am unable to provide any further information at present. However, once concluded letters will be provided to those affected by this. I advise the information Commissioner is aware of this matter. That's the ins and outs of the letter. So just be on your guard with this company. Also there chasing me for cancellation charges on my insurance but im playing the i want answers to this debarkle first so i suggest you freeze the charges or write them off as a goodwill gesture. There passing the buck it seems and i firmly believe its there cock up and not a business partner of Swinton. Now why would the under writers want to get involved selling information seems to baffle me to. Can't be that much to be made from it and the risks out weight the results. Thats just my opinion. If this is in wrong thread please move and sorry in advance. Michael
  4. Does a court order come with the same weight or more weight than a data protection request would? Which means it would be pointless applying for a data protection order if you have a court order in place. ?
  5. Hi All We are facing a horrid time with the Bank of Ireland Litigation team and are in urgent need of some help to set aside a repossession judgment. As time is of the essence I won't go into all the issues we have with how we are being treated by this Bank here (but will return to explain more later) Basically we have a very small portfolio of properties which is instead of a pension. So my wife and I are trying desperately to hold on to them as you can imagine. We have an adopted child with some special needs and financially we are struggling. The Bank of Ireland hold two of our mortgages and have instructed TLT Solicitors. Yesterday I successfully defended a repossession application on the basis that the Bank served the paper work to the wrong address. The judge agreed that as the Bank had written to us at our current address they had incorrectly served by sending papers to our previous address which the Bank claim is the only address they have on their computer. The judge ordered them to re-serve at the correct address and awarded us costs of £100. I now find that they have served again at our previous address for another of our properties and it has already gone to court. As I didn't know I obviously did not turn up for the hearing. The hearing was on May 10th. We have a tenant moving in this Friday. I urgently need to apply to have the judgement set aside but I don't want to make any mistakes. We cant afford a solicitor. Although the Judge in yesterday's case, in awarding us costs commented to the plaintiffs representative on his objection, "You're lucky it's only £100, it would have been considerably more if they had instructed representation." What do I need to do? Can I mention our case from yesterday as a president? I did not take any evidence of my earnings to court so the judge couldn't award anything for this but could I include evidence of my income in this application and request compensation for my time defending this. So to be clear our position is the Bank were fully aware of our postal address as they have written to us at the address prior to serving this repossession notice. We have also been talking to them and their solicitors for several months and no one mentioned this action. They have served at the wrong address. Please help us asap as we really don't want to lose our property. Man thanks to you all. We are so grateful for this forum!!
  6. Although this relates to photos taken in a car park, it is not a parking related issue, it has already been discussed din the parking forum, it is specifically the Data Protection aspect I am interested in. So please don't move to Traffic forum Local supermarket used to use ANPR cameras to control parking and anyone staying over 2 hours was sent a "fine". New system, customers are given a code at checkout which they need to use on machine outside store to "cancel" parking charges, by entering registration number and code - thus proving they made a purchase in store. But the relevant bit: The system requires users to enter the last 3 digits of reg plate, system then shows image of cars that match along with registration, potentially face of driver and time of arrival. It uses a bit of fuzzy logic to show other vehicles it thinks you might mean, eg type in ABC it also shows A8C etc. So my question, the camera on the gate is essentially CCTV, those images are therefore protected surely, and allowing others to see the images taken of me, my car and the details of when I arrived are surely not permissible? I haven't been "caught out" by the system and the discussion in the traffic forum suggests its a totally unenforceable "invoice" anyway, but interested to see what others think in the DP aspect of it?
  7. OK so I am sat here waiting for a phone call back from jobcentre+, to cut a long story short, My husband has been moved from incapacity benefit to the dreaded Employment and support allowance benefit, assessed by ATOS and (you guessed it!!) failed massively with a total of.......0 POINTS!!! so we are in the middle of a very long drawn out process of appealing (5 months so far). In this time we have moved address and changed all of these details with relevant departments....or so we thought, all correspondence from the HM courts and tribunal service and all mailings from the Appeals department have been coming to the correct address, but the information from the ESA department itself have been going to the wrong address (correct street just wrong number) and now I am worried as to what information has been sent to these (not so honest as not returning mail) people. The "incompetence/human error" was only picked up during a call to the dept. as we had requested the ESA85 report and had not received it, we were calling to chase it up, advisor said it had been sent out and clarifies address with me, I then advised it was wrong. There are 2 massive problems I have with this:- 1) during the appeal and about 1 week after we had moved, My husband was sent a letter stating that because there was a change of address that we needed to put it into writing and clarify our new address details, which we did. and 2) not 2 months ago the situation was reversed and (being the honest person that I am) I had to phone the jobcentre and advise them that they had sent a letter, addressed to my husband, with his (correct) address on and all his NI number printed on it, but the details in the following 20+ pages were for someone else. I had access to all their personal details, illness details, appeal details and also the decision that they had come to. The JC+ sent some woman out to pick up the 'sorry we sent it in error' letter Is there anything that I can do with regards to the obvious incompetence of this department, or do I just have to accept human error??? Just as an idea that maybe these departments would be run more smoothly if they actually TALKED TO EACH OTHER!!!:mad2:
  8. I have been communicating with Lowell Portfolio regarding them processing my data incorrectly. A SAR was submitted and then a complaint was lodged with the Information Commissioner as I believed the SAR had not been dealt with in time. The SAR was sent to them at the beginning of April, requesting they notify me of a charge, however after the expiration of 40 days I sent in a £10 postal order. During this period Lowell wrote to me confirming they had rectified the incorrect entry and offered me £250 compensation. As the complaint was still being investigated by the ICO, I declined the offer of compensation until I received the adjudication from the ICO. I have now received a response from the ICO confirming that "on the basis of all of the information provided by you and Lowell Portfolio Ltd, we have decided that it is unlikely that Lowell Portfolio Ltd has complied with the requirements of the DPA in this case". The ICO have indicated that they believe the SAR was dealt with as in their opinion "Lowell Portfolio Ltd have explained that on 8 April 2013 they received a letter from you dated 2 April 2013 in which you stated you were making a subject access request under the provisions of the DPA. In this letter you also asked Lowell Portfolio Ltd to inform you if there was a fee that should accompany your request. However, before Lowell Portfolio Ltd could respond and make you aware of the required fee to comply with this request they received your further letter dated 14 May 2013 which included the requisite £10.00 fee". Lowell sent the information on the 24th June, bang on the 40 days. Now I may be biased, but I can't help feeling aggrieved at the ICO adjudication in respect of the SAR compliance, especially as Lowell had my address, email address and mobile telephone number and made no attempt to contact me to advise of the fee and the ICO think that over a month is a sufficient time for them not to reply!!! A situation I will have to deal with I suppose, but leads me to the point of my question. As Lowell have breached the 4th and 6th principle, what legal recourse do I have? Unfortunately I am not in the financial position to employ a solicitor at this stage. I understand that I can lodge a claim in the County Court but my dilemma is the level of compensation I should be seeking. I don't want to be greedy, however I don't want the company to get away with it either. Suffice to say the ICO have indicated that they won't be taking any further action against Lowell at this time. Any help/advice/guidance will be greatly received.
  9. I recently applied for income protection and life insurance. The company declined the income protection on medical reasons, being that 2 years ago I was off sick from work with depression for 4 months and the type of job I do does not allow me to take anti-depressants. They have offered me life insurance but have bumped up the premiums which of course I understand but I'm now worried if this is going to affect any other insurance policy I make such as car insurance, house insurance etc as you are often asked if you have been declined any insurance policy on application. Any info greatly appreciated.
  10. Hi, any help would be appreciated! I recently submitted a claim to Barclay's on behalf of my father-in-law who we found had had several old loans with what was listed as 'Barclayloan Protection' - we understood this to be PPI so put in a claim for a total of three loans. A letter of response has come back saying that they could find no PPI on the accounts even though we supplied copies of the original agreements which quite clearly shows the single Premium payment to purchase Barclayloan Protection. Here is an example of one; Cash loan Amount of loan £3,400.00 Total charge for credit £1,287.68 Total amount payable £4,687.68 Monthly Repayment £97.66 Number of repayments 48 Premium loan (being the single premium payment to purchase Barclayloan protection) Amount of loan £600.68 Total charge for credit £227.32 Total amount payable £828 Monthly Repayment £17.25 Number of Repayments 48 Total monthly repayment = £97.66 + £17.25 = £114.91 Am I missing something? As I said, any help would be gratefully received as I am unsure how to proceed? Barclays have so far been very helpful but they insist this is not PPI. Many thanks in advance
  11. Hi, Does anyone know the limitations of a S7 DPA request when used in the following context. Limited Company in voluntary liquidation. I am a creditor and debtor to the company. The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that. I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator. Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?
  12. I realise that there are similarities with other re-claim exercises but do we, or will we, have any templates in the library to cover these later 'mis-sells'?
  13. Not sure if posting this in right forum so fingers crossed, I have a query regarding data protection and wondered if anyone could help. It relates to 2 loans we took out in 2003 with first plus, one in august via a broker and a refinance in december 2003 which we thought was direct with first plus as we were called by who we thought was them offering a further advance, they had all our loan info and it wasnt until 3 years later we discovered we had infact dealt with an unregulated broker who had hoodwinked us into believing they were first plus, presumably they had been passed all of our loan info and I wondered if they could have breached the data protection or other consumer acts by doing so ?? I didnt as far as I know tick the box saying that my details couldnt be passed to other companies, HOWEVER there is a difference between selling on our name address details etc for marketing purposes than disclosing all our confidential loan info for financial gain. I would be very grateful if any of you could help with this matter thanks
  14. Are revenue protection officers legally entitled to check tickets and passes once the passenger has left the bus? I have seen this a few times but it has occurred to me that the pavement is not TfL property. On the last occasion the man claimed he had given his Oyster card to a friend on the bus so she could get home later on. I've no idea what the outcome was as I got off the bus to avoid being delayed. Thanks in advance to those replying.
  15. Hi I have a question which I can't find an answer for. Each month I recieve a statement for each of my two credit cards, at the bottom of the new transactions list every month is a Payment Protection Plan amount which is added to the purchases. Is this a form of PPI, and what should I do about it? The cards where initialy given to me after I applied for a business credit card, the manager at the time refused to endorse this and arranged for the two domestic credit cards to be issued instead, so I had no option of opting out of this plan. regards comuscomp
  16. I'm in the same boat as you with Unum, been told that I have to deal with foc myself, never received a formal rejection letter and had to phone my supervisor before I found out that Unum had turned down my final appeal with them. I have been waiting 10 months for that decision with only my partners wage coming in. Seems the larger company has no idea how it works with Unum as they have just passed the buck on to me. Told me either I come back to work or I will have to leave or be sacked. They are just giving me a week before I have a recorded meeting with them to decide if I'm going back. can they just sack me?, force me back into work? even though it's still with them going to the foc. Where do I stand if lost job and foc rules that Unum should be paying me employers income protection money? Nightmare
  17. I could really do with a little help .... I was taken really poorly last year and claimed my insurance for my mortgage which they paid for a year , when I was diagnosed with a critical lung condition which has stop me from returning to work I tried to claim my critical illness cover under my total mortgage protection cover and they informed the respiratory diseases are not covered in my policy although it is a total protection I was under the impression as it is a total cover I have paid this insurance for the past 20 years and feel I have been miss led please could somebody help as I'm now in danger of losing my house thank you
  18. Can anyone help me? A year or so ago I received a letter from DWP dating back to a time when I was on income support saying there had been an overpayment, I had no idea what it was and wrote a letter asking for details. I had no reply but an identical letter last month followed by a phone call from Akinika, I refused to confirm details, said I would write to them. The girl said she would tell DWP that I was refusing to cooperate and put the phone down. I wrote to akina telling the history and asking then to contact client(DWP ) as I had no response. To my horror I arrived home today to find a letter from akinika and enclosed was sensitive personal information from DWP. my national insurance number the dates that I had claimed, my child's name and the benefits that I had received, they aslo enclosed a copy of a letter that they apparently sent to me in 2005! akinika have therefore had information to all my private business. Surely this is a breach of data protection from DWP? I would have thought that the dca have no right to allow then such personal information. I rang DWP and she said that as dca were dealing with the 'debt' they had a right to access my personal information. My view is that they should have n't disclosed such private information.
  19. I work for a local authority doing criminal prosecutions and have been involved leading a case with a dangerous mental health patient. During this time he has been violent to me and other individuals, threatening people with knives, guns and rape. I have also seized equipment from him with a case pending. A partner organisation is running a civil case to evict him, but in doing so have disclosed to him, my full name, date of birth, home address, home phone number, place of work and employee number. He has seen and retained the information. With the cases pending, all agencies - council, housing association, mental health team and police, consider that myself and my family are at great risk as the individual lives 10 minutes walk from my house. The housing association have accepted a breach of data protection, but offered no redress, so I am considering pursuing damages in court. With the tightening on damage claims, does the forum think i have suffered damage and distress ? (I do, and the house has been altered to make it as secure as possible, however the wife and kids are extremely uncomfortable) Thanks for any advice.
  20. 5 years ago was called into branch and was talked into converting my credit card balance which was at the time £9,800 into a bank loan, at that time i was classed as self employed and 63 years old without saying a single word about ppi they tried to sneak it in , i spotted it the next day and duly cancelled the ppi out of the blue i get a letter telling me that i would not get all the benefits on offer with ppi on my 65th birthday relating to my credit card which i had been talked into converting to a bank loan, i had been paying ppi for over 10 years on the card without knowing i had it, to cut a long story short i put a claim in for this missold ppi on my credit card they have done nothing but lie and used delaying tactics since at last they admit it was misold and they say they sent a letter out on the 18th march still not got it despite at least 6 calls to the help line am being ignored by all i speak to and send emails to managed at last to get the man on the help line to dictate this letter over the phone was told that they had put 173 pounds into my account as due to the passage of time they have no record of this credit card and they consider this to be a fair offer still not had this in writing but told him over the phone where he could stick his offer am still awaiting anything in writing where do i go from here
  21. While searching for a relationship between "Income Protection Insurance" and claiming DWP benefits I came across this link. http://www.dwp.gov.uk/docs/dmgch28.pdf It shows what income is taken into consideration when applying for benefits. However I can not find anything regarding "Income Protection Insurance" payments being taken into consideration when making a claim for benefits. UNUM are a big provider in this area and influence the DWP. It would seem pointless for an employer to have Income Protection Insurance in place for employees if they did not benefit from the monthly payment and were actually penalised if they were paid. It is my understanding that the payment can be either monthly or an annual lump sum. If employers never opted for Income Payment protection for their employees companies like UNUM would soon go out of business so it would be in the best interest of UNUM to advise the government to disregard these payments?. Perhaps some one with a better understanding can advise if Income protection Payments are taken into consdieration by the DWP when calculating benefits?
  22. Hi, Took out a Standard Life Income Protection Plan in 1995, after reading some of the post's regarding these plans, now believe it was not required as I was entitled to Full Company Sick Pay. at the time it was sold the Financial Advisor informed me that I could use up my Company Sick Pay, then apply for the Income Protection when the Sick Pay ran out, can this be deemed as mis-selling Thanks in advance
  23. Hi is there any where i could report capital one please as i fell behind with a few months payments,they started ringing my husband who has nothing to do with the card it was solely in my name, and i always thought due to data protection they could not do this?? and when i phoned them to complain they said yes they understand my frustration, and no letter of saying sorry nothing,just pestering phone calls to myself, so i went to pay £85.00 on sunday only to be told that they have sold my debt to cougar and no more add on will be put on my card, i paid the 85.00. and my account is now closed, i await a letter from the cougar company, thanks for any help with this,
  24. Hope the attached helps some people. I've seen a few threads that stated they were different things. Got this letter from Lloyds today stating they are one and the same thing. Kind regards, TC
  25. Hi all, After reading the forum on here for a very long time and gaining some excellent advice, I have finally joined as I could please do with some advice. In March 2012 I submitted a subject access request to a council. It’s a long story but I fought them for a while to get my files. The council have sent me files on three different occasions, the last been November 2012. I know the council still have not sent me everything, so I decided to take the matter to court and issued a claim under section 7 and 15, also damages and costs within the discretion of the court. I put no amount at all. The claim was served and the court sent me the council’s allocation questionnaire saying they were defending it in full. They also sent a defence claiming they did not breach the Act. Yet it took them nearly eight months to send me files and the ICO said they have breached the Act. Since then the council have wrote to me offering me £500 as long as I withdraw the claim and sign a confidentiality agreement. This is where I’m not sure what to do, as there letter is titled Without Prejudice save as to Costs. Also on the council’s allocation questionnaire they ticked the box suitable for the small claims track, yet where it says if you think it’s suitable for small claims do not put costs. They have put costs of over £2000. To be honest I was not expecting all of this, seeing as they quite blatantly breached the Act. I am not really sure what to do now. Any help would be much appreciated. Thanks
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