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I have looked on the store card thread but no one seems to have answered this question.
When I received my SAR, statements were missing, so I wrote to request full details. GE Money state that they are only legally obliged to keep statements for five years and cannot provide statements prior to August 2001.
What can I do now?
I know from statements received from other institutions that in 2000/2001 my finances were pretty poor and fairly sure that charges were applied. Can I send off a prelim assuming that charges were applied for each month that a statement is missing?
Any help would be appreciated as I'm a bit stuck on what to do next!
MBNA:settled £805 charges plus contractual compounded int - total £1765!!! NATIONWIDE
29/08/06 S.A.R - (Subject Access Request) sent. 21/09/06 Statements rec'd. 22/09/06 Prelim sent. 29/09/06 Refusal of refund of charges rec'd. lba sent 06/10/06. N1 issued 8/11/06 BARCLAYCARD
16/09/06 S.A.R - (Subject Access Request) sent. 22/09/06 Statements from May 04 rec'd. Lba sent 16/10/06 GE CAPITAL
29/08/06 S.A.R - (Subject Access Request) sent. 12/09/06 Statements rec'd although one year missing! 14/09/06 Request sent for remainder of statements. 28/09/06 GE claim records only kept for five years! IKEA
29/08/06 S.A.R - (Subject Access Request) sent. 13/09/06 list of transactions rec'd. 29/09/06 Prelim sent. Claim to be made to CO-OP Bank in near future....
Well that's complete sh*te for a start - 5 years indeed, Joe and Mary bloggs have to keep SIX years records of everything just on the off chance that the revenue might want to audit their self assessment! A large money lending firm will certainly be no less and almost certainly much more.
Write back to them and tell them you want them to tell you in writing that they do not hold information relating to you further than 5 years back (this is actually what they are obliged to do under the DPA). They won't and you will get a load of statements in the next post. Happened to me with Northern Rock and Barclays are arranging some stuff they apparently don't hold to be sent to my local branch.
P.
Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!
I am about to take the Co op to court for failing to comply with a S.A.R - (Subject access request), see my thread for the particualrs of claim if it helps
Glenn vs Co-Op.
Edit : Forgot to say there is no statutory maximum period an organisation has tohold data. tpyically the banks have to hold six years of data plus the current accounting year for tax purposes.
However, should the inlad revenue or customs and excise decide, they can ask for data from as far back as they like, assuming they suspect fraud.
The Abbey hold data from around 1926 for some accounts, cant see other banks organisations being much different.
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
The Abbey hold data from around 1926 for some accounts, cant see other banks organisations being much different.
Glenn
Thinking about this I can't see why they would be allowed to destroy any information on an account that is curently open as they would have to show a full audit trail of how the balance came to what it is today. I bet the Abbey information relates to dormant accounts which are technically still open and have to be left as if someone will walk through the door with a claim to them.
P.
Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!
Was thinking of sending the following letter to GE Money - unable to contact them by telephone as their correspondence doesn't contain a telephone number....wonder why!!!!
Thank you for your letter dated 27th September 2006. However I am very disappointed in your non-compliance with my previous requests.
I am aware that financial institutions have to hold six years of data plus the current accounting year for tax purposes and should the inland revenue or customs and excise decide, they can ask for data from as far back as they like, assuming they suspect fraud.
I therefore find it impossible to believe that you only hold details for five years. My original request was for you to provide me with a complete list of transactions and charges relating to my banking history with your organisation - statements were listed as an acceptable alternative to this. Therefore can you please confirm in writing that you cannot provide any transactions, charges or any information regarding the above mentioned account prior to August 2001.
May I once again remind you what I require from you.
I previously stated in my letter of 14th September 2006 the disclosure of personal data is incomplete in that at least the following information is missing.
You have failed to provide a complete list of transactions and charges for the following dates.
Account Opening – August 2001
August 2003
November 2003
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
You have a further 8 days to comply.
MBNA:settled £805 charges plus contractual compounded int - total £1765!!! NATIONWIDE
29/08/06 S.A.R - (Subject Access Request) sent. 21/09/06 Statements rec'd. 22/09/06 Prelim sent. 29/09/06 Refusal of refund of charges rec'd. lba sent 06/10/06. N1 issued 8/11/06 BARCLAYCARD
16/09/06 S.A.R - (Subject Access Request) sent. 22/09/06 Statements from May 04 rec'd. Lba sent 16/10/06 GE CAPITAL
29/08/06 S.A.R - (Subject Access Request) sent. 12/09/06 Statements rec'd although one year missing! 14/09/06 Request sent for remainder of statements. 28/09/06 GE claim records only kept for five years! IKEA
29/08/06 S.A.R - (Subject Access Request) sent. 13/09/06 list of transactions rec'd. 29/09/06 Prelim sent. Claim to be made to CO-OP Bank in near future....
I have carefully noted the comments in your correspondence, However as previously advised in my letterdated 27/09/06, I must reiterate, that we are only legally obliged to keep statements for five years in line with the anti-money laundering guidelines. Therefore we are unable to provide any statements prior to five years from the date we receive the request.
Additionally, as advised, after extensive enquiries, we have been unable to locate statements for August and November 2003. If you have any correspondence relating to disproportionate penalties for these months, please provide us with a copy of these details, which will enable us to look into reimbursing the charges.
I am aware this does not meet with your requirements and apologise for any inconvenience this may cause. This is certainly not our intention and I am sorry we are unable to provide all the information you have requested on thi occasion.
If I can be of any further assistance, please do not hesitate to contact me.
Any idea where I go from here? The 40 days has now expired.
Help!!!!
MBNA:settled £805 charges plus contractual compounded int - total £1765!!! NATIONWIDE
29/08/06 S.A.R - (Subject Access Request) sent. 21/09/06 Statements rec'd. 22/09/06 Prelim sent. 29/09/06 Refusal of refund of charges rec'd. lba sent 06/10/06. N1 issued 8/11/06 BARCLAYCARD
16/09/06 S.A.R - (Subject Access Request) sent. 22/09/06 Statements from May 04 rec'd. Lba sent 16/10/06 GE CAPITAL
29/08/06 S.A.R - (Subject Access Request) sent. 12/09/06 Statements rec'd although one year missing! 14/09/06 Request sent for remainder of statements. 28/09/06 GE claim records only kept for five years! IKEA
29/08/06 S.A.R - (Subject Access Request) sent. 13/09/06 list of transactions rec'd. 29/09/06 Prelim sent. Claim to be made to CO-OP Bank in near future....
I simply cannot believe that they only hold information for 5 years. Report them to the Information Commissioner.
P.
Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!
I have had the same kind of response I am going to submit an N1 claim with similar POC to the ones i used in my CO OP claim.
GE Money are doing the same for two of my store card accounts.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
I have a similar problem with GEMoney except they are telling me they don't have ANY statements on record for my Topman account due to inactivity - I have used it at somepoint within the past five years though as I only cleared it a couple of years ago! Are they telling porkies? They sent me copies of my burton account though (in a mix of photocopies, screen dumps and 'puter printouts! it was wierd!)
Current Progress
NatWest Bank - £1770 Settled in full 3/01/07 (missing AQ fee so will pursue this)
Natwest Mastercard - £100 Settled in Full 13/10/06
Mint - £184
Barclaycard - Statements before 2004 not supplied. Request sent with estimate of claim. Summary Cause Summons filed 12/12/06
Halifax Current Account - 'offer' of £260 received - rejection letter sent and pursuing full claim of £958. Summary Cause has been served on the defendant. Awaiting Defence. Date set for 7th February 2007
Halifax Visa - £369 Settled in Full
Virgin MBNA Credit Card - £286 Settled in full
Burton Storecard (GE Money) - £48 received in full.
Missing statements
, statements were missing, so I wrote to request full details. GE Money state that they are only legally obliged to keep statements for five years and cannot provide statements prior to August 2001.
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Originally Posted by Glenn UK
