Paintball vs London Mortgage Company

[alanalana]

Hello Painty,

this is the link to complete an online complaint to the Information Commissioners Office.

Complaints about data protection policy - ICO

You can fill it in and submit and send any copies of letters you get either electronically if you scan and add or as in my case I copied and posted with covering letters.

aa

[Paintball]

Thanks aa

Magic Loans have until 11 November to comply with my Subject Access Request ...

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Paintball]

From my letter to them, Magic Loans have complied with my S.A.R - (Subject Access Request), up to a point!!

They state that:

"We are presently unable to locate recordings of the telephone calls we made to you or you to us. In order to help us to locate and retrieve any telephone ranscripts you require, we shall need you to complete and return the enclosed the subject access telephony form giving as much detail as you can in terms of numbers, dates and times."

The form asks me for the exact date and time of the sales conversation. Erm, correct me if I'm wrong, but isn't it Magic Loans who are supposed to be providing me with this info, not vice versa? They have included a few nice forms detailing the calls made to me and comments made by the sales people, but suddently are not able to locate the sales call and content of this. Slight contradiction there?

Also attached with the letter is corespondence from Magic Loans from February 25 this year (which I had never received) informing me that they could not uphold my mis-selling complaint:

"I would advise you that I have reviewed the sales processes in place and documentation issued to you at the time of the sale and [...] feel that Magic Loans Limited did make you aware at various stages through the process that the insurance was optional."

Hmmm, no record of the sales call so how can this be stated with such certainty?

I have no recollection of any discussion about the overall suitability of the PPI product nor of true the cost of adding it to my loan compared to alternative options in the market place, nor is there any documentation to prove this took place.

Interestingly, no keyfacts document sent to me in the S.A.R - (Subject Access Request) ...

Thoughts anyone on the Telephony Subject Access Request?

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[alanalana]

Hello Painty,

"We are presently unable to locate recordings of the telephone calls we made to you or you to us. In order to help us to locate and retrieve any telephone ranscripts you require, we shall need you to complete and return the enclosed the subject access (£10.00 fee required here) telephony form giving as much detail as you can in terms of numbers, dates and times."

The form asks me for the exact date and time of the sales conversation. Erm, correct me if I'm wrong, but isn't it Magic Loans who are supposed to be providing me with this info, not vice versa? (Yes) They have included a few nice forms detailing the calls made to me and comments made by the sales people, but suddently are not able to locate the sales call and content of this. Slight contradiction there? (RBS tried this with me ie supply the dates and times of the calls the name of the person you spoke to etc). I said I want recordings of transcripts of all calls made)

Also attached with the letter is corespondence from Magic Loans from February 25 this year (which I had never received) informing me that they could not uphold my mis-selling complaint:

"I would advise you that I have reviewed the sales processes in place and documentation issued to you at the time of the sale and [...] feel (They can feel all they want but feel is not proof) that Magic Loans Limited did make you aware at various stages through the process that the insurance was optional." (Without a Customer wants and needs questionnaire or a duty of care checklist and no recordings or transcripts of telephone conversations tell them to prove that they did make you aware). This is the usual fob off.

Hmmm, no record of the sales call so how can this be stated with such certainty? ( Good question maybe you could ask them)

I have no recollection of any discussion about the overall suitability of the PPI product nor of true the cost of adding it to my loan compared to alternative options in the market place, nor is there any documentation to prove this took place.

Interestingly, no keyfacts document sent to me in the S.A.R - (Subject Access Request) ...

Thoughts anyone on the Telephony S.A.R - (Subject Access Request)? (You could point out that you sent the Subject Access Request with the Statutory fee asking them to supply data in line with the Data Protection Act 199 You therefore require them to supply the information within the 40 day Statuted period. If that has passed then they are not complying with the LAW.

Painty you could also suggest that if any more of their letters require you to provide information you will require a fee before responding with the same negative result they seem to have given you.

aa

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Paintball]

Haha aa, just the response I would have hoped for. Many thanks

I have begun to formulate my reponse. ML really are stinkers and have concealed, misinformed, and taken advantage of my (previous) lack of knowledge and understanding of PPI to add a product that has a whacking great cost attached to it, which had I known this at the time of taking out the loan, I would NEVER have gone ahead with ...

This claim is typifies what the FSA and the Competition Commission wish to do away with; PPI sold with poor sales practice as a Single Premium and the true cost of it and the loan not explained to the borrower!!!

I'm not so green now though so watch out ML, here I come with all guns blazing ...

[alanalana]

Hello painty,

in my response above I mentioned wants and needs and not demands and needs but you know what I meant for sure

aa

[Paintball]

Yup, I sure do

[Paintball]

I can see you peeping there JM lol

[Paintball]

My post #23 and request for comment/help has so far received over 200 views ... but just one response ...

Non-compliance LBA sent today.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[hellhasnofury]

Originally Posted by Paintball

My post #23 and request for comment/help has so far received over 200 views ... but just one response ...

Non-compliance LBA sent today.

Hello Painty,

Sorry that you have only had one response to your post for comments. I do believe that many caggers do turn to you for help, advise, information and support and you in return are more that helpful. I apologise for not giving you the support that you deserve. Its the support from others that spur us on
Our Friend AA has been spot on as usual and I am more than confident that your LBA will be on the spot too

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[alanalana]

Hello Painty,

My post #23 and request for comment/help has so far received over 200 views ... but just one response ...

Non-compliance LBA sent today.

Let us know what you get back from them and I will stick my oar in again

If I miss any posts that you need assistance with just drop me a PM and if I can help you know I will.

aa

[Paintball]

HH and aa, I'll PM you on this matter

[johnnymitch]

Don't forget me PB - if I can help I will.........

[Goldlady]

Hi, just came across your thread. Re your post 23, surely if they can't supply you with evidence of the telephone conversations that strengthens your case against them rather than the opposite. If they can't prove they told you x, y and z then you have them; or as the OH has just suggested perhaps they do have the call transcripts but they are equally damaging to their argument.

Battle on girl - and let me know if you still want to have an evening of doing sums

[Paintball]

Originally Posted by johnnymitch

Don't forget me PB - if I can help I will.........

Yes, you were teleported in from another forum ... dispensing invaluable advice


Beam me up Scotty ...

[Paintball]

Originally Posted by Goldlady

Hi, just came across your thread. Re your post 23, surely if they can't supply you with evidence of the telephone conversations that strengthens your case against them rather than the opposite. If they can't prove they told you x, y and z then you have them; or as the OH has just suggested perhaps they do have the call transcripts but they are equally damaging to their argument.

Battle on girl - and let me know if you still want to have an evening of doing sums

Thanks to both of you ... I think an evening of sums ... and beer... is quite in order

[Goldlady]

One bottle, two bottles, three bottles - no problem there. Speak soon xx

[Goldlady]

fifteen bottles, sixteen bottles errrrr

[Paintball]

Are you counting the number of empty wine bottles in my recycling box? Last count about 35 I think

[johnnymitch]

Not to mention the lagavulin ones .... eh PB ?