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Acenden/Capstone/SPML/APS!! PPI/Charges Reclaiming.


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Hi

 

Dropping in as requested.

 

As I see it this revolves around a failed SAR. To my mind the Key Fact Sheet is relevant data as far as you are concerned and should be sent to you in my opinion.

 

I see that the 40 days is not yet up so at present you can't bring this to the attention of the ICO but I would be prepared to do so if the failure remains.

 

If it were me I would write back again saying that you know without doubt that there is information missing from their SAR response and should this remain the case after the 40 day deadline you will be lodging a formal complaint with the ICO to force compliance. At this point there is no reason why you should not name the document you want, i.e. the Key Facts Sheet and tell them that you consider this to be part of your personal data. You could also remind them that the ICO is not your only avenue to force compliance.

 

Then wait for the 40 days to expire.

 

If they still fail to supply the missing information then certainly lodge a strong complaint with the ICO.

 

At that point you could also write to underwriter to see if they have any information in regard to how uch was paid for this policy. May not get you anywhere but at least it is another avenue to explore.

 

If this all fails then you cold hand the whole matter over to fos to deal with and make sure that your complaint does not solely revolve around a ppi reclaim but the conduct of a financial instituton as a whole.

 

As a last resort you could consider issuing proceedings to force compliance (and subsequently the ppi claim) but I'd exhaust other avenues before you consider this option. You have to be 100% sure of this Key Fact Sheet business though as otherwise you will just be taking a punt through the court system.

 

I fear there is not going to be a quick and easy resolution to this but we live in hope.

 

HTH

 

ims

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