Marc Gander - The Consumer Survival Handbook


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  1. #41
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Hey,

    Yes I posted that almost a year ago but forgot my login details and couldn't find it in my bookmarks. I'm suprised you guys could find it

    Is that SARicon letter good enough? Do I need to include anything else in the letter as it definitly needs to be sent off today.

    Thanks guys


  2. #42
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    I would include specific details of the call in which the voicemail was allegedly left and the email regarding cancellation.

    I would also let them know that because there's a crown court case, these evidence will be disclosed to cps.

    Make sure you ask them the name of the data controller taking full responsibility for the disclosure.

    Usually they sign the disclosure records with "data controlling team" or similar, so any come back would be against faceless individual who has usually left the company and is now unreachable.

    At this point they might decide that it's too risky to mud the waters and agree to re-instate your insurance.

    If they're stupid enough to send you fake records they could potentially be prosecuted if exposed.

    I bet they will say that email and voicemail are misplaced, of course after giving you the runaround for a few months.

    As soon as you approach the 40 days mark, let's say after 30 days, start sending them reminders.

    If they go over the 40 days report them immediately to the ICOicon and let them know how important this disclosure is.


  3. #43
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Here is the revised SAR: Any final thoughts? I really need to post this out today. Thanks guys!

    Dear Data Protection Officer

    Re: Subject access requesticon – S.7 Data Protection Act 1998.

    Under the Data Protection Act 1998 I request that you supply me with all data in your possession that relates to me and am entitled to under Section 7(1) of the Act.

    I hereby request the following information;

    A) As all calls are recorded, I require all voice telephone callsicon made, including voice messages left.
    B) All emails sent by you, including dates and times.
    C) All letters posted by you, including dates.
    D) All computer logs, notes, transcripts and memos stored on your computers.
    E) All information that is stored by you, by any means of storage.

    If you are unable to comply with any of the above listed requests, you must inform me of such and give your reason why you can not comply.

    I would like to bring to your attention that because there is a current Crown Court case in motion, any evidence received will be disclosed to the CPS.

    I enclose the maximum £10 statutory fee to access all the data that you hold about myself.
    You have 40 days in which to comply with this request as under The Data Protection Act 1988 regulations. Failure to comply with this request will result in a complaint to the Information Commissioner's Office and immediate legal action being taken against you.

    If you need advice on dealing with this request, the Information Commissioner's Office can assist you and can be contacted on 0303 123 1113.

    Please also sign with the full name/s of the data controller/s taking full responsibility for this disclosure.

    Yours sincerely
    The thing I'm worried about is by mentioning the CPS and courts etc that the controller would get intrigued and look past the simple request and start cherry picking data to provide in the fear of loosing his job?


    I know it sounds odd but why would you sign something that will cost your company bit of money at the end?


  4. #44
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Quote Originally Posted by Ayma View Post
    The thing I'm worried about is by mentioning the CPS and courts etc that the controller would get intrigued and look past the simple request and start cherry picking data to provide in the fear of loosing his job? I know it sounds odd but why would you sign something that will cost your company bit of money at the end?
    It won't have that effect, because they will realise that not providing full information could cause then even more of a problem. If it were found out they had deliberately not disclosed information, they would be in trouble with the courts, FCA and ICOicon. It would be a criminal offence they would have committed.

    Suggest you head the letter ' urgent request required for court purposes'


  5. #45
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    ok will do, so is the letter satisfactory? Nothing I might have left out or need to remove?

    Thanks again!


  6. #46
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Just send it. It should have gone ages ago.

    Have you read up on ICOBSicon? Tell us what you understand about it.



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  7. #47
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    You should include the following:
    In particular I request telephone voice recording and of your alleged call to me in which a voicemail message was left advising about the imminent insurance cancellation.
    - Telephone bill record about the same call.
    - copy of the email sent by you to my registered email address advising about the imminent insurance cancellation.

    Then at the end:
    I request that your data controller personally signs this disclosure with his/her name, taking full responsibility for its accuracy and compliance with dpa 1998.
    Should the disclosure not bear an individual's name, the company director shall be deemed vicariously responsible for it.


  8. #48
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Just a quick update, I sent the SARicon off on Tuesday, next day signed for.


    Before I did I phoned the insurance company to comfirm an address, and they said I had to wait 60 days to have anything returned to me, so I kindly reminded them of the regulations that clearly state 40 days.

    The thing here is, should I also send a S.A.R to my phone company and email provider.... just in case?


  9. #49
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Are you recording your callsicon? I suppose the answer is probably no you're not.

    Call them again but this time record the call. Ask them about the deadline and see if you can get them to repeat once again that you will have to wait 60 days. If you can get this recording, it will be extremely useful. Come back here and tell us.

    I don't think there's any point in sending SARs to anybody else.

    Have you been reading up on ICOBSicon?



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  10. #50
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Quote Originally Posted by Ayma View Post
    Just a quick update, I sent the SARicon off on Tuesday, next day signed for. Before I did I phoned the insurance company to comfirm an address, and they said I had to wait 60 days to have anything returned to me, so I kindly reminded them of the regulations that clearly state 40 days.

    The thing here is, should I also send a S.A.R to my phone company and email provider.... just in case?
    Some Insurers have call centres in India or they are outsourced. So sometimes anything beyond their scripted answers or training might not be helpful.

    If you ever send off an SAR always send to a companies UK head office office marked for the attention of Head of Compliance/Data Protection Officer, marked urgent. If you explain the urgency most companies can get hold of data within a couple of weeks. Even if any of it has gone to external storage or has been archived, it can be retrieved in a few days. The reason they take so long, is the volume of requests received and if you don't stress the urgency, you will be in a queue.

    If you can obtain proof from your phone/email provider via an urgent SAR that you never had communications from the Insurers, then it might help. The problem might be that any email sent via an Insurers computer system has not worked. if the email address added to their records was slightly wrong, then it would not have been received.


  11. #51
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Quote Originally Posted by Ayma View Post
    Just a quick update, I sent the SARicon off on Tuesday, next day signed for.

    Before I did I phoned the insurance company to comfirm an address, and they said I had to wait 60 days to have anything returned to me, so I kindly reminded them of the regulations that clearly state 40 days.

    The thing here is, should I also send a S.A.R to my phone company and email provider.... just in case?
    I don't think your telephone provider would be able to list incoming calls, maybe voicemail records (not the voice recording but whether a message was left and its duration).

    Email provider will be able to tell if you have had this email at one point in your inbox or junk folder and if you have deleted it.

    I would be surprised if Microsoft or Google would entertain a sar.

    Best record (or no record) should come from your insurance.

    As said, I bet they'll claim that the crucial record have been misplaced.

    I don't think they'll be so stupid to forge an email to cover up their incompetence considering that they know this will go to crown court.


  12. #52
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Quote Originally Posted by BankFodder View Post
    Are you recording your calls? I suppose the answer is probably no you're not.

    Call them again but this time record the call. Ask them about the deadline and see if you can get them to repeat once again that you will have to wait 60 days. If you can get this recording, it will be extremely useful. Come back here and tell us.

    I don't think there's any point in sending SARs to anybody else.

    Have you been reading up on ICOBSicon?
    Suprisingly I did, I downloaded an app before calling them and it saved the phone callicon.

    I will start reading up on ICOBSicon.

    Thanks again


  13. #53
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    In that case well done - and pardon my cynicism!!

    So you actually have the 60 days comment recorded? Did you tell them that this was against the law and that the real deadline was 40 days?



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  14. #54
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Yup, I said to him "but the regulations on that clearly say 40 days and that you would have to respond before then, not 60 days" he then responded by telling me that what ever the regulations are they'll comply with them. (he didn't repeat the 60 day comment a second time.)

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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Okay, the recording is not as useful as it might have been in that case.

    Now just to double check, can you assure us completely that in fact you were fully qualified to drive that vehicle at the time? Meaning that you had all tests or documents or insurance et cetera in place, any learner signs, et cetera et cetera so that we can be absolutely certain that the only flaw was that a certificate had not been supplied to the insurer within the deadline.

    You will have to swear to this in court.



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  16. #56
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Hey,

    Not sure if I should be worried at this point, could be down to the Christmas/new years break, but I haven't heard a word back from the insurance company yet. No phone callsicon, emails or letters.

    I've got the tracking number for the next day delivery, and it was signed for the following day.

    Should I send them a reminder letter, as it has definitely passed 40 days.


  17. #57
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Yes. You should send them a reminder letter. You should send it immediately. You should have sent it before.

    I'm sorry to say but the way that you are popping in and out of this thread is not helping you. I see that UncleBulgaria suggested to you that you send an SARicon right at the beginning of 2016 – a year ago and yet you did nothing. We were all on board to help you then and you let it go until eventually you were prosecuted by the police. Even in respect of this, you never came back to us because we could have suggested a way of defending yourself which would have avoided the problems of being convicted and then having to go for an appeal. You eventually send an SAR to the insurers but you haven't been on their case so that once again everything is getting out of hand.

    Please can you remind us what date the appeal is.

    Also, in my post above – number 59 – I asked you some questions just to double check your legal position at the time that this all happened. You never responded and frankly I would like you to do so please.



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  18. #58
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    Default

    Hi BF,

    I know it seems like I am popping in and out but if you read the old thread you would understand my situation was terrible after the accident and I simply chose to give up chasing it, I chalked it up to a life experience and moved on, it was either that or be homeless. I really had NO money left and was getting by on hand outs from friends. I just recently got my life back on track and flowing again and then BAAM came this prosecution for no-insurance.

    Sorry for missing your old post, to answer your question, yes, every legal paperwork is in place and I have them with me all in one folder, including the CBT, the original CoMI for courier use, MOT, logbook - everything.

    I just got of the phone with them and am emailing them now for an update, will keep you posted.

    Thanks!

    An interesting thing has come to my attention.

    The email address they gave me to send an email to the data officer seemed to have already emailed me LAST MONTH, yet for some reason never showed up when I search my inbox as it ended up in the spam folder, flooded with black Friday/Christmas/new years offers.

    The email says the following:

    I am currently looking into your Subject access requesticon.

    Could you please confirm the reason for this request? I would like to deal with your request through our complaints process using the 40 day time frame to supply your requested of information.

    I would appreciate it if you could get back to me as soon as possible in order for me to look into any possible resolution.

    I look forward to hearing from you.
    This was followed up with someone else asking me to provide them with proof of loss of earnings, impound fees, recovery, etc. Which is all very strange as I never mentioned ANY of this in the S.A.R, however did do almost a year ago in a letter I sent them way back then demanding they explain why they canceled my insurance.

    How should I go about responding to this? Does this mean they haven't processed the S.A.R? If so, does this mean they have broken the law in not doing so? I'm pretty sure I wouldn't have been expected to respond to them anyway, a S.A request is a simple thing and they should have just proceeded it.


  19. #59
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Were they asking for the reason for the request to clarify what data you were asking for, or was the data being requested clear?.

    They can ask for the reason if the data you are asking for is unclear, in order to ensure you get the data you require. Otherwise, the SARicon stands - you don't have to give a reason for a SAR if the data being asked for is clear.


  20. #60
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    Default MCE Insurance Company Ltd cancelled my policy on a technicality - Crown Court appeal

    Nope, what you see in the quote above is what is written in the email, nothing more. "Could you please confirm the reason for this request?" Why would I have to confirm anything? Anyway clearly they are now stalling or trying to take this another direction and to be honest I am not interested. A SARicon is a SAR, and they should have complied.

    Why dig up a letter I sent almost a year ago and start asking me to provide evidence NOW when originally they ignored everything I had written by responding with a generic response “we did nothing wrong, we followed all the rules” blah blah.



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