Obtaining statements beyond 6 years

[richwhit1]

Hi all,

 

I've just received the last 6 years statements from First Direct but really want the full set of statemenst from inception of the account. Has any a letter that can insist on them providing this info or if First Direct definitely /100% do not have them wording for them to declare as such.

 

It may be that they definitely do not have this information and that they truly do destroy statements after 6 years but I'm v.sceptical and if they can get this info then I want it!!!

 

Thanks in advance,

 

richwhit

[Glenn UK]

IF you sent them the SAR template from the library then you have asked for all the information and not six years worth.

 

You need to write to them with another of the templates from the library telling them they have not complied and that you want your data.

 

If there is still some time till the 40 days expire tell them when that expires.

 

If the 40 days has expired then tell them they have 7 days or you will start court action.

 

If youre in the second position go look at the particualrs of claim i used in GLenn Vs co-op for non complaince with the DPA.

 

HTH

 

Glenn

[PhantomReclaimer]

Hi all,

 

I've just received the last 6 years statements from First Direct but really want the full set of statemenst from inception of the account. Has any a letter that can insist on them providing this info or if First Direct definitely /100% do not have them wording for them to declare as such.

 

It may be that they definitely do not have this information and that they truly do destroy statements after 6 years but I'm v.sceptical and if they can get this info then I want it!!!

 

Thanks in advance,

 

richwhit

 

Mrs Phantom has just heard back from FD and they have said in the letter that they do not retain statements older than 6 years.

 

P.

[Glenn UK]

PR et al

 

FWIw you are not asking for statements, you are asking for data.

 

If the copmpany concerened says they dont hold data for more than six years then you have a number of choices.

 

Believe them and give up.

 

Or challenge them because they are alomst certainly not telling the truth or at least the whole truth.

 

THe co-op told me they dont hold data for more than sixe years.

 

I have data which is over 9 years old and the claim for non-compliance isnt finisehd yet.

 

Abbey national uses fiche and holds data since the mid 1920s.

 

FD and others will telly uo anything to stop you claiming back, the choice is yours whether to believe it or insist they proviude all your data or a good reason why they cannot in court.

 

JMHO

 

Glenn

[PhantomReclaimer]

I'm not sure I believe them about how long they say they keep data.

 

The actual relevant paragraph reads, "The charges information that you have requested is contained within the account statements. We will arrange to provide you with copies of your account's statements, as detailed in your letter. The bank only retains information of this nature for six years."

 

The problem you have in the face of that statement is that you really have no grounds to challenge it. Up until now every bank who has tried to get away with the 6 year bar has never been this unequivical. It's always been a case of simply failing to provide older information at the initial request, or saying someting along the lines of "we are only required to keep information for 6 years". A few have even told me on the phone that they are only obliged to provide 6 years worth of data, none have done it in writing though.

 

Once they have said they haven't got it you don't really have any route left to go down unless you have some pretty good evidence that they are lying.

 

I suppose the only thing that may be left is to write back and ask them to confirm when, and by what method, it was destroyed.

 

P.

[Guest NATTIE]

on certain banks it has been confirmed that statement info can be retrieved past the 6 years quoted above.

[dax]

which banks natty?

[dax]

And hopefully their among mine..

[Guest NATTIE]

natwest Bank for one

[Glenn UK]

I'm not sure I believe them about how long they say they keep data.

 

The actual relevant paragraph reads, "The charges information that you have requested is contained within the account statements. We will arrange to provide you with copies of your account's statements, as detailed in your letter. The bank only retains information of this nature for six years."

 

The problem you have in the face of that statement is that you really have no grounds to challenge it. I dont belive that for one minute, the statement is a standard statement and doesn't say they don't have your data, its a general statement and is designed specifically to elicit the response your making. Up until now every bank who has tried to get away with the 6 year bar has never been this unequivocal. The co op have, GE money have to my knowledge. It's always been a case of simply failing to provide older information at the initial request, or saying something along the lines of "we are only required to keep information for 6 years". A few have even told me on the phone that they are only obliged to provide 6 years worth of data, none have done it in writing though.

 

Once they have said they haven't got it you don't really have any route left to go down unless you have some pretty good evidence that they are lying. When they write a letter specifically to you that say dear Mr smith i can confirm that we do not have any data relating to account number xxxxxxxx from beyond xx/xx/00 or whatever then you might have a point.

 

I suppose the only thing that may be left is to write back and ask them to confirm when, and by what method, it was destroyed. I think in principle this is a good idea. However, from experience an N1 is probably a lot quicker and then you will have the knowledge that if they are lieing then they are committing perjury.

 

P.

 

For those of a more cynical nature the co op and just about every bank who has been asked for statements has used a similar ploy along with a similarly unequivocal statement that they don't hold data.

 

When you want to challenge them you file a N1 and on your particulars of claim you ask for all the data they hold on you you or in the alternative a statement entered into court as to why they cannot supply said data.

 

Its unlikely they will lie if they have data they will find it.

 

You will find out as certain as possible if they have any data on you this way.

 

HTH

 

Glenn

[lookinforinfo]

We will arrange to provide you with copies of your account's statements, as detailed in your letter. The bank only retains information of this nature for six years[/i]."P.

 

If the bank have not supplied you with any data relating to charges after

the 6 year period they are saying that they virtually delete these files daily.

They are saying that they can filter through all their microfiche files [and

there will be thousands of them] managing not to delete those clients

who have had defaults, ccjs, bankruptcies etc attached to their accounts

after they were filed away.

 

You can take Glenns' suggestion, and call their bluff. Or you can ask the ICO

if they are aware of any software programs that can filter microfiche files

in such a way, or confirm that 1st direct do indeed go through the files

daily.If the answer to both questions is no, then either the 1st credit is

lying, or they are deleting the files after an sar has been applied for-a

practice frowned upon by the ICO. I think you would be justified in asking

the ICO to investigate, as you believe that your data was in existence at

the time of your enquiry.

[Guest peed orf]

When you want to challenge them you file a N1 and on your particulars of claim you ask for all the data they hold on you you or in the alternative a statement entered into court as to why they cannot supply said data.

 

Would this be data be from all the accounts you have/had with them? Or limited to 1 account if you've put an account number on the request to assist them?

Also, if you've put in a SAR and received statements on account requested, to request info on another account/joint account do they qualify for a 2nd payment of £10?

Thanks.

[Glenn UK]

I think you would be justified in asking

the Information Commissioners Office to investigate, as you believe that your data was in existence at

the time of your enquiry.

 

I know they will be interested in statements such as that outlined, however, they will take along time to investigate and imho the court route is the preferential route.

 

I complained to the ico about ge money some weeks ago and have had no feedback, although i havent been chasing it either.

 

HTH

 

Glenn

[Glenn UK]

Would this be data be from all the accounts you have/had with them? Or limited to 1 account if you've put an account number on the request to assist them? My personal view is that if you put an account number or numbers on your SAR then its reasonable for them to only supply data relating to that/those accounts.

I have no legal basis for this, but by the same token i don't believe the DPA clarifies this issue either.

Practically if you went to court having asked for data relating to a specific account and then tried to sue for more than this i think the court would chuck it out on the basis you had not even asked for it.

Also, if you've put in a S.A.R - (Subject Access Request) and received statements on account requested, to request info on another account/joint account do they qualify for a 2nd payment of £10?

Thanks.I don't see why they are not entitled to charge you another tenner. Again the DPA doesn't deal with this specifically other than to say that a SAR should be accompanied by the required fee.

 

If you have sent an SAR with specific details on but you require data on other accounts then i would recommend that you submit a second SAR and send the fee. You could try writing to them but i don't see bank as benevolent organisations.

 

JMHO

 

Glenn

[richwhit1]

Thanks for all the info and i'd really appreciate any of your thoughts on this letter that I've drawn up requesting info beyond 6 years:-

 

Thank you for your prompt reply to my S.A.R - (Subject Access Request).

I am grateful for the receipt of copy statements from the period 1 December 2000 to 28 June 2006 however my request was for all data contained from the inception of the account until closure whether this be in the form of statements / fiche or other recording methods. I still request copy statements or the equivalent information as stored for the period of the commencement of my account to closure.

 

Should you advise that you do not have such information could you please confirm this by stating we do not have any data relating to account number xxxxxxxxxx from beyond 1 December 2000.

 

I look forward to your confirmation that the information requested in my Subject Access Request is provided in full.

 

 

 

Any advices / amendments to this first draft would be greatly appreciated.

 

richwhit

 

[Glenn UK]

Thanks for all the info and i'd really appreciate any of your thoughts on this letter that I've drawn up requesting info beyond 6 years:-

 

Thank you for your prompt reply to my S.A.R - (Subject Access Request).

I am grateful for the receipt of copy statements from the period 1 December 2000 to 28 June 2006 however my request was for all data contained from the inception of the account until closure whether this be in the form of statements / fiche or other recording methods. I still require copy statements or the equivalent information as stored for the period from the opening of my account to its closure.

 

Should you advise that you do not have such information could you please confirm this by stating we do not have any data relating to account number xxxxxxxxxx from beyond 1 December 2000.

I will require confrimation of when and how my data was destoyed and coinfrimation of your company policy on data retention. Should a claim be made in court I will seek an order from the Court requiring disclosure of your policy document should you fail to disclose it now.

 

I look forward to your confirmation that the information requested in my Subject Access Request is provided in full.

 

 

 

Any advices / amendments to this first draft would be greatly appreciated.

 

richwhit

 

 

Just a few thoughts, HTH

 

Glenn