can i get my endownment case file ?

jukelook

Hi I have asked abbey for my endownment case file as i am in the process of complaining that i was mis sold
do they have to send me my case file ???
They seem to be dragging there feet...anyone got there`s sent to them

many thanks Craig

EdInvestor

Hi Craig

They used to have to send it, it was a requirement under the Data Protection Act.Then there was a court ruling (IIRC Durrant vs the FSA or somesuch)which said they didn't have to give the file if it was to be used as the basis of a complaint.

I've heard that there has now been a challenge to the ruling and it has been overturned, so they have to give the file again.

Can anyone confirm?

dunstonh

There is no requirement for them to pass the case file to you whilst the complaint is in progress. If the complaint is not upheld, the information in the case file may be given to you as proof to why the complaint was not upheld.

If there is no complaint in progress, the case file can be seen.

The Durrant vs FSA case is correct but the appeal did not overturn the decision. If offered clarification of what is and what isnt classed as a "relevant filing system". Lord Justice Auld concluded (in much simplified terms) that it is not an automatic key to any information...of matters in which he may be named or involved. Nor is it to assist him, for example, to obtain discovery of documents that may assist him in litigation or complaints against 3rd parties.

However, the case may have supported the refusal to issue documents where the documents were archived (for example) and not readily accessible but data protection controllers of many companies are likely to still issue the documents if requested. Its quite possible that internal arguements (discussions ) take place between complaints and data protection controllers as to what they can and cannot issue and when.

My personal view is that it hasnt really cleared anything up as the law may have been clarified but still leaves a lot of interpretation.

EdInvestor

The moral of the story would seem to be to request the file before lodging the complaint.