Advice needed on taking complaint further

jan49_2

I have followed the link to the Which endowment action and have sent my letter to complain about being mis -sold an endowment in 1999 and requested copies of records that the company have relating to the sale as set out in the standard letter. I have received a letter back asking me to confirm whether my request is that of a Data Subject AccessRequest as governed by the Data Protection Act. If so, the Data Subject Access Request must include specific details of the information I require and is subject to a fee. The letter also states that information can only be requested under a Data Subject Access Request for the pupose of checking its accuracy and validity. An upto date authority must be provided by all policyholders before information can be released.
As a newbie to all this, im not sure whether this is necessary in order to proceed.If so, then what information should I specify that I require?
Is this normal policy as I cant see that anyone else has mentioned anything like it. I feel as if theyve got one over before Ive even started!

dunstonh

There is no requirement for the company to provide you with the client file. If you have requested it in your complaint letter, then this is probably linked to that. Otherwise it has nothing to do with your complaint.

EdInvestor

They have probably lost or detsroyed your file and don't want you to realise this ( because it means they can't make a case against your complaint).

So they're making a big legal case out of it in the hope of putting you off before you even start.This intimidation strategy often works

Write back withdrawing your request for the file but indicating you wish to proceed with the complaint.

jan49_2

dunstonh wrote:

There is no requirement for the company to provide you with the client file. If you have requested it in your complaint letter, then this is probably linked to that. Otherwise it has nothing to do with your complaint.

Thanks for your advice-does that mean that I should continue without requesting my file, or would I be in a better position to proceed to pay the fee and get the information which they hold? I do not have any copies of how my attitude to risk etc was assessed if it was at all.

matto

As the endowment was only sold in 1999 I'd be pretty sure they still have the full file.

The Which letter includes a request for all relevant documents. You don't need the documents but if you don't have them you have to rely on their word when it comes to what is in them. Your best bet for now is to ask for them to cancel the request for documents but proceed with your complaint.

dunstonh

I dont see why you need to see the file. Not unless you plan on telling lies on the complaint and are looking for ways to use the client file against them. It is also quite possible that you would only get computer held data and not the actual files involved. You may end up paying for being told they hold your name, date of birth, address and policy information. Also, the letter they have sent you requests you to state what you want. You arent going to know what documents are on file and they may only supply what you ask and not the complete file.