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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, I have a new question. I made a mortgage application

Customer Question

Hello Alex,I have a new question.I made a mortgage application in June 2015 and the person on the phone said that "in the event I am declined they will give me an explanation" (but it took them over 1 month to provide an explanation and they said that my P60 was £10 out) furthermore, a colleague said that my data would not be passed to any third party.The ICO said that Nationwide were in breach of section 7, principle 1, but they will not remove my personal data and they've passed my data to two third parties and labelled me as "refer" and "inconsistent" and these organisations will not tell me how long they will retain my data for and not provide their retention policy.It's like a cat and mouse game and this is impacting on my ability to borrow.I am considering whether to apply for section 13 and apply to the court but I don't want to run up lots of costs or make a pre-application for disclousre.Not sure what to do and what could be the possible consequences.Help...Dave
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Hello Alex,I have a new question.I made a mortgage application in June 2015 and the person on the phone said that "in the event I am declined they will give me an explanation" (but it took them over 1 month to provide an explanation and they said that my P60 was £10 out) furthermore, a colleague said that my data would not be passed to any third party.The ICO said that Nationwide were in breach of section 7, principle 1, but they will not remove my personal data and they've passed my data to two third parties and labelled me as "refer" and "inconsistent" and these organisations will not tell me how long they will retain my data for and not provide their retention policy.It's like a cat and mouse game and this is impacting on my ability to borrow.I am considering whether to apply for section 13 and apply to the court but I don't want to run up lots of costs or make a pre-application for disclousre.Not sure what to do and what could be the possible consequences.Help...Dave
Expert:  Ash replied 1 year ago.

Hello Dave and thanks for asking for me.

Why do you need to make an application for disclosure when there is the finding from the ICO?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am on 01342 842685 are you available?
Customer: replied 1 year ago.
Is it £38 plus £44? Are you not able to do the call for £22 as I can't really afford £80 per shot?
Expert:  Ash replied 1 year ago.

You do get 30 minutes of course, which works out very cheap compared to a Solicitor for £200 an hour on the High Street.

Customer: replied 1 year ago.
okay are you free now then... Are we able to do it in two halves as my brain will forget to ask questions... Plus I need to go out in 20.Is that okay...?
Expert:  Ash replied 1 year ago.

You want me to call now? Yes 2 halves is fine

Customer: replied 1 year ago.
im here now
Expert:  Ash replied 1 year ago.

Ok sure. Alex

Customer: replied 1 year ago.
I found some replies from Nationwide and the Ombudsman which might be helpful.Nationwide have said in their letter that I must liaise with SS the fraud agency direct, but SS have referred me back to Nationwide as they are the data controller.Nationwide said that the applicaiton was declined due to my P60 and that another marker was applied by another lender which is showing on National Hunter... I requested a SAR from National Hunter and there is no bad markers on my report apart from Nationwide, when asked who the marker was from they would not comment...Nationwide have not given the full reason for the decline and the Ombudsman think they have.I can't get on with my life with this hanging over my head.Appreciate your help.
Expert:  Ash replied 1 year ago.

Thanks.

Customer: replied 1 year ago.
Thanks for your help. Just popping out now. I don't think i've done myself any favours and reporting this matter to the Ombudsman as their decision will hold some weight... Not sure if the Court would make a decision based on the DPA Act law stand alone, or whether they would take note of the Ombudsman's report... Having said all of that, my name is ***** ***** registers and I feel that I should have the right to know how long a marker against my name will be on the database, furthermore, one lable says refer and the other inconsistent... in summary the markers are inconsistent... I could send a solicitors letter to SS and ask them why the marker is there but they will refer the matter back to the bank, and if the solicitor writes to the bank they will refer the matter to SS... Something is just not right... All the best, Dave
Customer: replied 1 year ago.
Is there any case law on this matter that would help...?
Expert:  Ash replied 1 year ago.

99% of cases are not reported. So unlikely.

Customer: replied 1 year ago.
Hello Alex, I've just got home, can we do it tomorrow if you are around. Regards, Dave
Expert:  Ash replied 1 year ago.

Tomorrow is fine. Alex

Customer: replied 1 year ago.
Hello Alex, losing track of the days. I'm available if you are free or tomorrow. Regards, Dave
Expert:  Ash replied 1 year ago.

What time tomorrow?

Customer: replied 1 year ago.
Are you around at 4 today or is this to early and prefer a later time.
Expert:  Ash replied 1 year ago.

4pm is fine, but please come back and remind me.

Customer: replied 1 year ago.
Okay will do. Thanks.
Expert:  Ash replied 1 year ago.

Thanks

Customer: replied 1 year ago.
I am available if you have 15 to conclude matters.
Expert:  Ash replied 1 year ago.

Sure. Alex