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Just had statement from RBoS c/card, and this message was included.
"please find enc. copies of statement from June 2001 to date. Unfortunatley our archives do not contain records from Jan 2001 to May 2001 for your account"
What the hell does that mean? Surely they can't have lost a record of their charges and the like?
Can anyone shed any light on this. I really want my statements around those dates as I reckon they charged me a fair few quid around that time.
I know some banks have claimed they don't need to keep records beyond 6 years, but they haven't even kept them that long!!! But wait, of COURSE they have. Yet another bunch of chancers trying it on.
Bang another letter off saying you would like them to respond satisfactorily to your request, but unfortunately you are unable to extend your original deadline.
Don't let the beggers start dictating terms, or you'll never win.
is the account still live ? if it is then this is almost certainly a lie, if its not live then its possible but unlikely.
Send them a reminder about the DPA request stating that you will only accept a full disclosure of all data and remind them how long they have left before you lodge a complaint against them.
If they really dont have this info tell htem you will be estimating charge on that period at your own disgression.
best of luck
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First person denied they had a Data Protection Officer!
Anyway, got a call back from a RBoS employee. I asked where the statements were and she said she'd "look into it" and suggested that a change of account number might have caused the problem.
I suggested this was Bullsh** as the number on the account had changed more than once without them being unable to find the statements.
The account is still active, so there can be no way those statements don't exist. But in any case, I reminded her that the 40 day clock was still ticking - so we will wait and see.
I was a bit hacked off with the way the statements were sent, in an A3 envelope containing A4 statements which ripped in the post. I told the DPO about this and she insisted they were sent in "secure" packaging. I told her I had photos to show otherwise, which seemed to knock the wind from here sails.
I suspect incompetence rather than malice in all of this. But as long as I get my ca. £500 back I'll be happy.
Superburger if the accounts live then its very very doubtful they would delete anything on that account.
Why would they ?
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If you don't get the data you require. Ask them to explain exactly how they have come to lose your data. You should have a case to take them to court for non-disclosure.
Put pressure on them. It's just delaying tactics.
If my post has been useful, tip my scales and let me know
If you don't get the data you require. Ask them to explain exactly how they have come to lose your data. You should have a case to take them to court for non-disclosure.
Put pressure on them. It's just delaying tactics.
As I said above, do that. If you wish, start your claim accordingly for the statements you do have. You should now also be filing for non-disclosure. Have a read around - plenty of info on non disclosure (lots in the barclaycard forums!).
If my post has been useful, tip my scales and let me know
I'm not sure. But to be honest, the can't just lose them! They have an obligation to hold on to your records. I would start by sending them a letter to explain exactly what they have done with your records.
In the meantime, do a bit of research into filing for non-disclosure and what can come of it.
If my post has been useful, tip my scales and let me know
Just had a thought about this. Just wanted to point out that I don't really know how long they have to hold on to your records for, but bear in mind 2001 is 6 years ago. When they received your letter, I believe they should at least have had 6 years worth of your data therefore, they should have had May, April and March (assuming your letter went to them in February). Assuming that they hold data for longer than this - again I don't know how long banks are obliged to hold on to your data for - then you should also be asking what happended to Jan and Feb.
If my post has been useful, tip my scales and let me know
well, their times up, so I phoned again asked why i couldn't have my information.
The DPO told me some story about changed account numbers and different computing system, she even implied that I should estimate my charges for my claim against them (which started today - can't be arsed to wait for RBS to mess around.)
I called the ICO and the guy I spoke to said that she may mean their records are on microfiche - in which case they have to supply them to me.
If it's a computing thing, and they genuinley can't find the data, then it's probably a breach of the DPA. He also said if they're in the business of losing financial records < 6 years old then it is possibly also something the financial services authority can investigate.
So, I sent them a letter (extract below)
To further surmise, I must insist that you provide a detailed explanation of how my account details prior to June 2001 are stored. Furthermore, if they are held in a relevant filing system, such as microfiche, I expect my data to be supplied within seven days to fulfil your legal obligations under the DPA.
If they are not stored in an accessible fashion by such a system, then I must insist that you offer a detailed explanation of why this is not the case, as I believe it puts you in clear breach of the DPA and possibly in breach of any number of areas of accounting, taxation and financial law.
If you chose not to respond to my satisfaction within seven days of receipt of this letter, I reserve the right without any further notice or warning to report you to the Information Commissioner, the Financial Service Authority and to begin action in the county court to force you to comply with my SAR. Furthermore, I will draw your actions to the attention of XXXXX MP for WHERE I LIVE
i'll see what response they come up with then see what the best thing to do is. Unless anyone's got any thoughts?
Should they not have sent a certificate of destruction or something? How are people doing who have claimed over 6 years? This means there is no way for new claimants to go over 6 years!
"no statements in archive" Advice Needed!!!
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Originally Posted by telewest
