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Endowment Complaint & Data Protection

2

Comments

  • vinno65
    vinno65 Posts: 290 Forumite
    Hi Dunstonh,
    Call me an old cynic by why do you think companies do not want people to see their client file? Surely they have nothing to hide? What are they afraid of? Seems rather extreme taking the matter to court do you not agree?
    regards Vinno
  • dunstonh
    dunstonh Posts: 120,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Having never been in a situation where I have needed to use the client file, I dont know. However, I was just clarifying that there is no need to present it if requested.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
    They must be afraid of something or why take the matter to court?

    Perhaps they wanted to avoid having to admit they had destroyed the files.After all, once the policyholder knows the provider can't show the sale was correct, basically the case goes by default and the policyholder wins.
    Trying to keep it simple...;)
  • xwordmad
    xwordmad Posts: 32 Forumite
    Im confused... The Law Society verbally advised that the file belonged to me. Official web sites about data protection state that if a company I do business with hold details on file I am entitled to a copy. Everything seems so contradictory... Where can I go for the definitive answers?
  • Joe_Bloggs
    Joe_Bloggs Posts: 4,535 Forumite
    If the appeal court has found it necessary to overturn the principles of a law passed by parliament then perhaps their should be some parliamentary action to sort out the difficulties or even funding for higher court actions to reach a UK ruling.
    Some may say this re-interpretation of this law is a European human rights. issue. What do those in the EU law courts say ?
    J_B.
  • dunstonh
    dunstonh Posts: 120,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    http://www.out-law.com/page-4145

    Solicitor financial advisors worked under different rules until recent years so there is a possibility that they class the client file differently to PIA and then FSA rules.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
    http://www.icclaw.com/devs/ireland/tm/irtm_006.htm

    Summary of the judgment. The issue may be taken up in the European court.
    Trying to keep it simple...;)
  • xwordmad
    xwordmad Posts: 32 Forumite
    dunstonh wrote:
    http://www.out-law.com/page-4145

    Solicitor financial advisors worked under different rules until recent years so there is a possibility that they class the client file differently to PIA and then FSA rules.

    Please can you tell me what PIA is?
  • dunstonh
    dunstonh Posts: 120,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    PIA was one of the regulators before the FSA took over
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Joe_Bloggs
    Joe_Bloggs Posts: 4,535 Forumite
    Too many acronyms. Personal Investment Authotity springs to mind. Last seen about 2001 just before the FSA geezers took their manor.
    J_B. (excuse the colloquialisms)
This discussion has been closed.
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