Mortgage Lender And Foi / Gdpr

[funkylad20]

Hi all, we have recently been turned down by a mortgage lender (building society) for a self build mortgage and the reasons are not explicit and we have no idea of the rationale behind the decision really is.

Can we ask for a copy of their underwriters report and any email correspondence that they have made with our broker and other correspondence about us or our case, under FOI / GDPR regulations?

Thanks.

[bookbinder]

Yes, you can ask for those items, and, if the lender turns awkward, you can quote the Freedom of Information regulations. I once did that, to a credit card provider that turned awkward and wouldn't disclose information. When I called in the FOI people, the provider soon caved in and asked me to call off the FOI people.

[bednobs]

FOI does not apply to mortgage providers does it?

[webbo3]

Ask them for a subject access request.

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/

[Peter Pedant]

webbo is correct
it is a data access request altho everyone calls it FOI and the data controller is NOT allowed to say - " wrong phrase - hahaha - now I am mot going to give anything"

you are basically entitled to anything with your name on it ( but NOT if it is unlabelled but clearly about)
you)

can be in any form - but clear
you dont have to fill out a form (*)
charge is limited a tenner I think

sit back and wait

this is likely to be troublesome I am afraid ( turned down for a mortgage)

[Peter Pedant]

// FOI does not apply to mortgage providers does it?// this should carry a financial health warning
finance companies without doubt are bound by data protection legislation
and DO have to obey strict rules about your financial info.
heavens

[bednobs]

But foi does NOT apply to them ...

[Peter Pedant]

// But foi does NOT apply to them ..//
do you hae chapter and verse on this
or do you just 'know' ?

[bednobs]

I don't get what you mean PP - FOI only applies to Public bodies, not businesses like mortgage lenders and brokers.

[ubasses]

Bednobs is correct FOI is for Public Bodies only. If you had a complaint and took to to the Financial Conduct Authority, an FOI could be used on them.
Data Protection would only give you details of the information they hold on you and how it is being used.
Try contacting the Mortgage Company and tell them that you did not understand all the information they gave and could they explain it in more detail. It is probably something as simple that you are not meeting their current criteria. (which is often a moveable feast from one year to the next)

[Peter Pedant]

oh come on boys and girls
this is a data protection issue about data held by a body that is bound to register under the relevant act if they hold records
and he can ask for the info which has his name on
under the relevant legislation -using a data access request

or to put it another way - since it is alleged the FOI doesnt apply they then cant use it to refuse to give him his data ( coz it doesnt apply see?)

so Bednobs is NOT correct to say his query about his own data is barred by the FOI ( which um doesnt apply)

[Peter Pedant]

and read the bar at the top
information given on this site has no guarantee whatsoever that it applies in any legal system in the world

sort of christmassy really innit?

[bednobs]

Peter you always accuse people of answering questions that arent there. The shortened question is can I request I formation from them under foi. And the answer is no.therefore my answer is correct

[Prudie]

"Difference between Freedom of Information and Data Protection. FOI covers information held by public authorities, but not requests for personal information about the person making the request. FOI is about providing access to public information. Data protection legislation protects personal data."

[THECORBYLOON]

The person need not quote specific legislation, it need only be clear that personal information is requested.

From the Information Commissioner's Office (ICO) website,

"How do we recognise a subject access request (SAR)?

An individual can make a SAR verbally or in writing, including on social media. A request is valid if it is clear that the individual is asking for their own personal data. An individual does not need to use a specific form of words, refer to legislation or direct the request to a specific contact."