Lender SPML-Acenden refuses to give copy of promissory note to their customer on the grounds that it does not contain personal information and ICO unable or unwilling to force lender to comply with DSAR.
The ICO are a waste of time as they have no power to enforce
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Re: The ICO are a waste of time as they have no power to enforce
Are you their customer? (ie any more details)#staysafestayhome
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Re: The ICO are a waste of time as they have no power to enforce
Hi
Been through the ICO with simmilar arguments and had some good results.
Firslty, you have to word things correctly to the ICO, to get desigered outcome.
Am guessing the hold up is what the company are classing as personal data. Lots of private companys try to say, just your name and address are your personal details.
In the past, and i think there was a few tribunal decisions that backed this up. The point made in each was
1. account numbers, unique to the person, are also personal data ( so if the note has an account number on it, you should get it )
2. Communications commisioned in relation to any dealing on your account are your data, unless they form part of an investigation ( that has to be a proper investigation as well ).
I have had a lot of good experience with the ICO, but you really do have to know how to ask the questions properly to get it done in the first stage. Post up what the ICO said, if possiblecrazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even
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Re: The ICO are a waste of time as they have no power to enforce
Hi,
Well I have had an ongoing battle to get information out of a sub prime lender since late 2013,I have an ongoing complaint with the ICO regarding a received late DSAR package which did not contain all my personal data. At first I was more concerned that the lender was not able to supply complete accounting records for our account for which they reported they could not retrieve the data from their computer systems for the years 2006 to 2008 which just happen to be the same years every one was subject to the over charging,missing payments by the appointed mortgage administrator acting for the so called lender.
Other personal information was also missing from DSAR package, so I contacted the ICO and issued a complaint against the company concerned which has now been ongoing since about Feb of 2014. The good news is that we did managed to get the missing accounting information, but the lender is still not willing to release any thing to do with the securitisation of my mortgage and that includes the Promissory Note, the attachment to the securitisation prospectus made available to the investors which will show and contain personal data, namely confirming that my mortgage is a part of the pool . I have very good reason to believe that my loan was in fact not put into the 2006 securitisation mortgage pool by the leader, as it should have been until 2013, which is a breach of the FSA/FCA rules and just down right fraud. I also have other ongoing issues not related to just the DSAR or the securitisation.
Anyway I have attached the last few emails sent and received to and from the ICO regarding the DSAR matter along with the last letter received from the lender, they all have dates in the documents or at the beginning of the file names.
I look forward to your comments or suggestions.Attached Files- Doc1 dated 26-01-2014 my response to missing accounting details and personal data .pdf (22.0 KB, 1 view)
- Doc2 dated 03-07-2014 my response to email received from ICO sent 04-07-2014 disagreeing with l.pdf (54.6 KB, 1 view)
- Doc4 dated 17-06-2014 last response from lender.pdf (3.04 MB, 1 view)
- Doc3 dated 10-07-2014 last email response from Information Commissioner's Office .pdf (30.0 KB, 1 view)
Robinhood2003
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Re: The ICO are a waste of time as they have no power to enforce
Originally posted by Robinhood2013 View PostLender SPML-Acenden refuses to give copy of promissory note to their customer on the grounds that it does not contain personal information and ICO unable or unwilling to force lender to comply with DSAR.
http://ico.org.uk/concerns/complaint...plain-about-us
I have been to First Tier Tribunal recently............the main difference/s is I knew there was additional information & it was a regulator not a private company.
If you can in some way cast enough doubt over transparency then perhaps you can pursue to a hearing it is not easy to get there but as Crazy Council wrote; "Firstlty, you have to word things correctly to the ICO"
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