Pursuing a Endowment misselling complaint & Data Protection Issues

Hi,

I will try and keep this brief but I have tried to provide what I considered relevant details and apologies if it ends up a bit long.

In summary, I would be very grateful for information/advice as to:

- whether financial records have been witheld in breach of the Data Protection Act

- whether/how I need to respond to all questions in a financial questionnaire received following an endowment misselling complaint

- whether I am legally required to respond to the questionnaire within

28 days and how I could extend this deadline

BRIEF DETAILS: Following a 'red letter' I had recently made a complaint (within the 3 year limit) regarding misselling of an endowment policy. My main grounds for complaint are that I was promised a lumpsum and not advised of the possible risks. The 25 year endowment policy with Standard Life was sold to me in Jan 1989 by a Building Society which became a PLC in the late 1990s and was then acquired by a Bank a few years later. As such my complaint was made to the Bank. In my complaint letter I had requested them to "send me a copy of my endowment file so that I can see all the documentation you have relating to my case."

I have now received a response from a 'financial planning' subsidiary of the Bank acknowledging responsibility for "looking into and resolving the issues you have raised".

They have not provided me a copy of my endowment file indicating: "In addition to the concerns you hae raised, I note you have requested copies of information we hold about you in our records. Our policy is to deal with complaints in an open and fair manner and we shall as a matter of course, include any information obtained during our investigation in our decision letter, where we feel it will be helpful in addressing your concerns and where it is information that you would be entitled to receive under the Data Protection Act."

"If you still require additional information once we have given you our full response, we will be happy to consider any further request at that stage.

"However, we do not believe that your current request fails within the access provisions of the Data Protection Act, since that you go far beyond the issues involved in your complaint. Please note that this would not prevent you from making an application under the Data Protection Act on the future, when your complaint has been resolved"

This raises the following questions:

a. Is the bank legally correct in not providing me a copy of my endowment file now? If so, on what grounds? (Their response is not clear to me.)

b. If I make a separate application now, addressed to the Data Protection Officer of the Bank just requesting this file, would they still be entitled to withold the information ?

c. They have asked me to return a financial questionnaire (more below) indicating " If you do not return the enclosed form, we will not be able to investigate your complaint. If we have not heard from you within 28 days we will assume that you do not wish to pursue your complaint."

A couple of weeks have elapsed since I received their response and I may not get a response to 'b' above within the 28 day limit set by them.

Is this 28 day time limit legally binding and will I lose my right to complain if do not respond within these 28 days? If so, Is there any way I can obtain an extension?

d. Should I respond to the questionnaire now, filling in as many details as I can, or should I wait for a response to the proposed application ('b' above) first.

e. They have sent me a 10 page financial questionnaire requesting various financial details (income/expenditure, assets/liabilities etc.) both back in 1989 and now. I don't have my own financial records for

1989 and as such any details they have on the file would have helped me provide the requested info accurately. If I respond "No records" or "Can't remember" would this prejudice my case? Is there a more appropriate response to such questions?

e. I have already provided them with full details of the endowment policy. Am I legally required to fill in all the details they have asked for in the questionnaire? Some of the questions (e.g. current income) do not seem to me to be of relevance to the complaint.

This issue has a significant impact on my financial health and I would be very much grateful for any information or advice. An early response would be much appreciated.

Cheers and TIA, Adam

P.S.:

I can reveal the name of the Bank if necessary and appropriate here.
Since the issues involved are connected and span two areas I am posting it across what seem to be the two most appropriate newsgroups

adam wrote... > > In my complaint letter I had > requested them to "send me a copy of my endowment file so that I can > see all the documentation you have relating to my case." > > They have not provided me a copy of my endowment file indicating: > "In addition to the concerns you hae raised, I note you have requested > copies of information we hold about you in our records. Our policy is > to deal with complaints in an open and fair manner and we shall as a > matter of course, include any information obtained during our > investigation in our decision letter, where we feel it will be helpful > in addressing your concerns and where it is information that you would > be entitled to receive under the Data Protection Act." > > "However, we do not believe that your current request fails within the > access provisions of the Data Protection Act, since that you go far > beyond the issues involved in your complaint. Please note that this > would not prevent you from making an application under the Data > Protection Act on the future, when your complaint has been resolved" > > This raises the following questions: > > a. Is the bank legally correct in not providing me a copy of my > endowment file now? If so, on what grounds? (Their response is not > clear to me.)

The information you've requested may not directly relate to *you*. There's a famous test case which is in many ways similar to your situation..

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read the background and the bit about 'personal data'.

Nothing is preventing you putting in a formal DPA request for your personal data NOW (despite what they seem to be saying). Have you actually done that, and paid your tenner? They have 40 days to comply (and they might still refuse as above).

Don't wait.