Using the Data Protection Act to get disclosure from a Financial Institution.

Thanks for clarifying Time. In this particular file the signatures of the mortgage holders solicitor was also omitted, along with dialogue back and forth between bank and solicitor. The elite being protected again!
 
Yes a bank did not provide the FSO or consumer a copy of all relevenat material for a investigation. They had a copy of a recorded call from teh consumer about a mortgage query. The FSO based their decision on documentary evidence since they were not given a copy of the call. The complainant sought discovery via data protection and general discovery tehy were given nothing. Eventually the case went to High Court, teh Bank produced the tapes as evidence and the judge was highly critical that the tape recordings were not provided to the FSO or complainant...so anyone who believes that a bank provides them the full information with data protection requests are kidding themselves.

On my own data request there are no records of internal mails between the broker and the bank about my mortgage application, there are no documents in relation to credit underwriting process and there are no documents in relation to the credit check from the Irish Credit Bureau
 
Heres the case i found it

[broken link removed]

Hopefully the newspapers wont charge me for posting the link !!
 
That's very interesting Raging Bull. I've taken two cases with the financial ombudsman myself, one decided last month (partly in my favour with some compensation) I must look at the documentation from the ombudsman to the bank to see what they asked in relation to documents.
 
Fado, fado - before Data Protection legislation, I was told that solicitors always used paper-clips and un-numbered pages, if they needed wiggle-room when sending someone something. They, according to the teller, abhorred staplers as you could prove whether a certain document had been attached with the rest. No doubt apocryphal.

Much more recently, I believe trend is to use post-its to append comments to files. These are much more easily disposable.
 
Kerrigan said:
Hi Raging Bull,

Do you mean request a transcript of all telephone calls between the mortgage company and the debtor? If this is what you mean, then yes you are 100% correct. People are so focused on getting their hands on the file that they neglect to ask for the transcripts. This really gets the banks goat up!
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Interesting thread. What happens if the only information in relation to phone calls the bank sends on is a date, time and brief summary comment. Should not the requested phone transcripts include a word for word record between the bank - in this case their arrears support unit, and the borrower?

Secondly, if the bank omits phrases or sentences on certain photocopied pages of critical correspondence between broker and bank, in relation to the applicant, is that legal? Certain phrases and sentences appear to have been clumsily banked out by putting part of a post it pad or similar strategically placed before photocopying. These is also, for example, a gap of a few lines and a numbered point missing. Its a bit puzzling as (a) the borrower borrowed in sole name, and there are no divorce / separation / other data complication issues (b) no attempt was made to withhold names of all bank and broker staff, so that's not it either.
 
Kerrigan said:
Does anybody know if omitting signatures of the bankers who signed off mortgages is actually legal?
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Go read the legislation! It is illegal to disclose in a data request any data relating to another living person!
 
mrbea - if a recording of the conversation occurred then there is a right of access to that recording, though this right is most frequently enabled by the recorder providing a verbatim transcript. Such a transcript will have redacted sections which relate to the personal information of others. In the event that the recording no longer exists then a summary record may be all that remains. The onus would be on you in making a case to the data protection commissioner to prove that the recording exists.
 
I would like to apply for the part 4 data . Do I go to the original bank branch where I applied for mortgages some tears ago or is it to the branch financial services office that is dealing with my mortgages now
 
I've made this request to the bank about 30 days ago, after reading an article suggesting to request it. At the risk of sounding ignorant, what am I supposed to look for once I get the file? (assuming I do)
 
Interesting threads.

1. As per ang1170 do this to get ball rolling on pesonal data.
2. Kerrigan, signing off on Mortgages is not a (legal) item. It would be good practice.
3. Raging Bull on not getting info before court. That is bad but please do not rely on our Ombudsman to help you. He has a very patchy record on finding for consumers. I would advise people not to rely on him.eg he only finds 12% fully for consumers and this after consumers have exhausted Bank appeals.The worst the Fso will do to Mr Bank is say (tut-tut) !
4l Lady lu , specifically include phone recordings. Think about the amount of things are done by phone with (your call is being recorded)
5. Time . Correct ,no need to use solicitor ie request yourself (keep copy of request)
6. Alexandra 123. Follow answer5.

I could go on but Mercmans comment on (do you know you got all the info) is very interesting.
When you get (whatever) info , concentrate hard on what you receive and check does it tally wih your documentation.phone records. memory.
Given that 18% of all Mortgage Docs have serious flaws and that too much was rushe through in the fluffy times by proven incompetent Banks ,it might payto check things.
Most issues will not be major , but should you be in a dispute with your Lender and you feel Mr Lender is unreasonable ,it is good you have proper Ammo!
 
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