Please Post How Far Back You Have Managed To Obtain Statements

[squarepeg]

this is a copy of the email i sent natwest if anyone wants to use any of it you're welcome just don't forget to change the name and reference number, bank name and dates etc......

 

I recently received a letter from Lorraine Cassidy Ref: xxxxxxxx stating that she has sent statements for the past six years as this is the period of time that she is required to do. This is incorrect. The Data Protection Act does not make reference to a six year ceiling. the Act states

quote....

''PART II

RIGHTS OF DATA SUBJECTS AND OTHERS

Right of access to personal data.

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

 

© to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking

 

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received-

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

 

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless-

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

 

(5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

 

(6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to-

(a) any duty of confidentiality owed to the other individual,

(b) any steps taken by the data controller with a view to seeking the consent of the other individual,

© whether the other individual is capable of giving consent, and

(d) any express refusal of consent by the other individual.

 

(7) An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

 

(8) Subject to subsection (4), a data controller shall comply with a request under this section promptly

and in any event before the end of the prescribed period beginning with the relevant day.

 

(9) If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

 

(10) In this section-

 

"prescribed" means prescribed by the Secretary of State by regulations;

 

"the prescribed maximum" means such amount as may be prescribed;

 

"the prescribed period" means forty days or such other period as may be prescribed;

 

"the relevant day", in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

 

(11) Different amounts or periods may be prescribed under this section in relation to different cases.

 

end of quote...

 

 

You will see that it makes no reference to a six year time scale, in fact, it is my belief that Natwest has kept records going back to at least 5th October1992 and previous to that on the old Natwest notes system

 

Whether it is possible to claim farther back than six years is irrelevant. It is my right to receive the information I requested under the Data Protection Act 1998 part 2 section7.

 

If you maintain that my statements for the period 1989 to 2001 have been destroyed - I require a copy of the Certificate of Destruction that would have been issued at the time.

 

 

If there are no statements or a complete list of charges forthcoming from NatWest, I will then pass my complaint to the Information Commissioner for non-compliance by Natwest.

[squarepeg]

don't know how that smiley got in there!!!

 

sp

[Guest bong]

Bong-

 

Just had letter from Adrian Ruffhead at Barclay's legal and compliance dept in connection with another case.

 

I asked for copy statements from microfiche from 1986, not through S.A.R - (Subject Access Request) but at £3 per sheet.

 

He has replied thus:

 

"Barclaycard's records do not go back to to 1986 as it will only store back statements for a period of 6 years"

 

maybe you should go back to him and say you will be happy to receive all information they hold on microfiche regardless of whether it is stored in "statement" format.

[Guest bong]

Thanks snorkerz. squarepeg that happens when you put an 8 next to a bracket but carry on smiling anyway!

updated summary

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Capital One - (per jshtr3) - 1999

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

Co-op credit card (per Glenn's thread) - 1997 - 10 years

Goldfish - (per ncf355) - 1997 - 10 years

HBOS:

Bank of Scotland - 10 years

Halifax - (per onevodka) 1988 - 19 years

HSBC -

Lloyds TSB - 1997 - (date of account opening)

MBNA - (per snorkerz) - all info available

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

[noomill060]

Thanks bong-

 

I think I'll send a SAR to that effect for all data from 1986 which I am entitled to.

 

Finally got my 2000-2006 statements, but only after ICO told them to.

 

Theres about £1500 worth of charges and interest for this period.

 

But the interest on the charges from 1986 will be much more interesting...

[photoman]

Had an interesting conversation with LloydsTSB yesterday.

 

It appears that there was a changeover of their filing systems in 1993.

Prior to that, statements were held in some sort of hanging file system.

The system at this point was then changed over to a computerised system, and anything prior to 1993 was not necessarily retained (although it was not made clear if it was outright destroyed or put onto microfiche first).

Anyway, The copy statement unit should be sending me copies of all statements actually back to 1993 very soon (by mid next week).

I shall post on this thread when I recieve these.

 

Other interesting point that came from the conversation.

I have already received some screen printouts of records of letters sent to me, and each entry has a code next to it. I asked about these.

It appears that the codes refer to the various template formats of the letters, and I was told that these refer to the various types of standard computer generated letters. It was admitted that the letters are standard templated letters, and also that they are sent out by a computer.

The codes are virtually identical in each case.

[HSBCrusher]

ANYTHING ON HSBC YET???

[noomill060]

photoman- it could be worth pressing them for info as to what happened to the pre-1993 files.

 

ie: a clear statement whether or not they went onto microfiche.

[Guest bong]

next week is going to be very interesting then - Tom Brennan in court and photoman getting evidence on Lloyds. can't wait!

 

not for this thread I know but have info. that Tom Brennan is also going back more than 6 years and he will be relying on a House of Lords ruling.

[Glenn UK]

Had an interesting conversation with Lloyds TSB yesterday.

 

It appears that there was a changeover of their filing systems in 1993.

Prior to that, statements were held in some sort of hanging file system.

The system at this point was then changed over to a computerised system, and anything prior to 1993 was not necessarily retained (although it was not made clear if it was outright destroyed or put onto microfiche first).

Anyway, The copy statement unit should be sending me copies of all statements actually back to 1993 very soon (by mid next week).

I shall post on this thread when I recieve these.

 

Other interesting point that came from the conversation.

I have already received some screen printouts of records of letters sent to me, and each entry has a code next to it. I asked about these.

It appears that the codes refer to the various template formats of the letters, and I was told that these refer to the various types of standard computer generated letters. It was admitted that the letters are standard templated letters, and also that they are sent out by a computer.

The codes are virtually identical in each case.

 

Jez

 

I dont suppose you record your calls by any chance do you?

 

Glenn

[HSBCrusher]

yep, finally we have evidence hsbc have fiche back to 1996!

http://www.consumeractiongroup.co.uk/forum/show-post/post-767928.html

[Curlyben]

I'm still chasing my LTSB statement.

I'd received some from 2001 and asked for the missing ones as well.

 

Well I've just had a mail asking what dates prior to 2001 I wanted, so I've asked for everything back to when I opened the account which is 1992.

Time to wait and see what arrives.

 

Rest assured I will be reclaiming EVERYTHING that they have charged me for the whole time period with CCI to boot.

[Guest bong]

yep, finally we have evidence hsbc have fiche back to 1996!

http://www.consumeractiongroup.co.uk/forum/show-post/post-767928.html

 

Crusher, hope I'm not wrong but I think P'O is referring to an old letter from 1996 with a fiche reference on it.

[HSBCrusher]

Crusher, hope I'm not wrong but I think P'O is referring to an old letter from 1996 with a fiche reference on it.

I understood there was a statement involved?

[Guest bong]

well hopefully P'o will confirm but I got the impression it was a copy statement sent back then and all P'O was saying was that they did use a microfiche system. Could be wrong.

[HSBCrusher]

I hope you are.

(not in a nasty way of course!)

[Guest peed orf]

Hi, I dug out some old statements from my accounts, in which there was a letter with "our reference: FICHE" and still attached to it with a paper clip is a copy of a statement. At the top it says "duplicate statement of account" and looks very similar to Microfiche that my partner got from Abbey last year. This must have been how it came to me, as I've never used paperclips. I'll sort a copy out tomorrow and send it to Cusher, and go from there.

I have done a letter to send to HSBC with it as an attachment, in the hope that it may be affective, but I'll hold off on that for now.

Even if it's not a silver bullet, it does prove they kept info on fiche in 1996, so therefore would have to prove when and how they destroyed it as stated in the DPA.

[HSBCrusher]

thanks PO.

 

 

Cusher?

[Curlyben]

Following on from my previous post this is straight from LTSB:

Our archived records are held for the last 10 years. For this reason we not able to issue copied statements from when your account was opened, as this information is no longer held.

 

So back to 1997 it is then.

[Guest bong]

cheers curlyben, will be interesting to see what happens with photoman.

[Curlyben]

Well they've promised me:

I have arranged for the department in question to issue the remaining statements to complete the period for the last 10 years. This will included statements from April 1997 to March 2001.

Within 2 weeks.

 

Hey this is faster than my SAR anyway

[Curlyben]

True to their word.

Received in the post this morning ALL statements going back to March 1997.

 

For ALL LTSB people, try the internet help e-mail address, as these where the people that help me with this.

Their address is: Internet.Banking@LLoydsTSB.co.uk

 

Very helpfull indeed.

 

Now where did I put that highlighter pen.

[Guest bong]

thanks curlyben

 

updated summary

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Capital One - (per jshtr3) - 1999

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

Co-op credit card (per Glenn's thread) - 1997 - 10 years

Goldfish - (per ncf355) - 1997 - 10 years

HBOS:

Bank of Scotland - 10 years

Halifax - (per onevodka) 1988 - 19 years

HSBC -

Lloyds TSB - (per curlyben) March 1997 - 10 years

MBNA - (per snorkerz) - all info available

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

[sn00psmum]

Hi all,

 

I am currently chasing HBOS for an old Bank of Scotland joint a/c which they are denying all knowledge of. Has anyone managed to get statements from a dormant account or one which was closed over/around 6yrs ago?

 

SM:razz:

[Lula]

I am sure that you ar4e all aware that a CAG member went to court on this microfiche only being held for 6 years by Abbey prolem, they turned up in court with a typed letter stating that the records had all been destroyed, the judge accepted this, so where do we go from here?