Could life insurance be cancelled from a phone call?

Bellaandme

We can try and appeal but I fear it's too late now. A very costly lesson learned here. We will look into Power of Attorney although now she's got no life insurance she doesn't really have any assets to pass to her son. 

csgohan4

Bellaandme said:

We can try and appeal but I fear it's too late now. A very costly lesson learned here. We will look into Power of Attorney although now she's got no life insurance she doesn't really have any assets to pass to her son. 

Indeed, always mar up the DD amounts to the policy and if in doubt double check with the insurer, what the policy is before cancelling, as you cannot undo this usually. 

mgfvvc

Bellaandme said:

We can try and appeal but I fear it's too late now. 

I think you need to get the recording of the call to see if it's clear which policy should be cancelled. If the operator is not clear that she has multiple policies and does not make totally sure that she's cancelling the intended policy, that could be grounds for your appeal?

Bellaandme

We've asked for the transcripts of the call to be posted. I'm also going to put an FOI request in for their cancellation policy to make sure they followed procedures. I would have expected that they would have to post confirmation of the cancellation if it was done over the phone to prevent fraud under GDPR. If this wasn't done and if it was policy then we may have a case. We can but try. 

dunstonh

I'm also going to put an FOI request in for their cancellation policy to make sure they followed procedures.

FOI does not apply to commercial companies.  Only the public sector.    

I would have expected that they would have to post confirmation of the cancellation if it was done over the phone to prevent fraud under GDPR.

A letter would normally be sent.

mgfvvc

dunstonh said:

I'm also going to put an FOI request in for their cancellation policy to make sure they followed procedures.

FOI does not apply to commercial companies.  Only the public sector.   

That's true, but the Data Protection Act applies to commercial companies and can be used here

Bellaandme

Thanks both. Hadn't realised FOI can't be used. I will go down the data protection route, but if I don't get a favourable response I'll pursue through the Ombudsman. I'm pretty sure under GDPR telephone cancellations should be confirmed in writing, and my sister has said she hasn't received anything through the post.

My sister has just applied online for power of attorney so that I can look after her financial affairs in future. Hopefully we can avoid any further costly mistakes, although her assets are now minimal without the life insurance. 

dunstonh

mgfvvc said:

dunstonh said:

I'm also going to put an FOI request in for their cancellation policy to make sure they followed procedures.

FOI does not apply to commercial companies.  Only the public sector.   

That's true, but the Data Protection Act applies to commercial companies and can be used here

GDPR does not apply here.   GDPR is a right of access to personal data.  It is not a right of access to commercial information or decision making.

I'm pretty sure under GDPR telephone cancellations should be confirmed in writing

no

Bellaandme

Ok, so the only redress would be under Data Protection? Surely it is bad practice not to confirm in writing following telephone cancellations? 

dunstonh

Ok, so the only redress would be under Data Protection?

Redress and data protection have no link.  Data protection is about how personal details are recorded, used and maintained.    A complaint leading to redress would be handled under the FCAs regulated complaints process.  Data protection would only apply to how they recorded the complaint.

 Surely it is bad practice not to confirm in writing following telephone cancellations? 

I suspect it will be confirmed that they did write out.  However, in the unlikely situation they didn't, it wouldn't fall under data protection.