Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
    Site Team The Consumer Action Group BankFodder's Avatar



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    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    You can try something like this:

    Dear Sir,

    Thank you for your letter of the XXX date.

    You claim that you no longer have the data I require because you are required by the data protection act to destroy it after six years.
    You should understand that I'm fully aware that the data protection act contains no such provision – but if you insist that it does then please let me know the particular section of the Data Protection Act which contains the obligation.

    Accordingly I reject your position that you do not have the data and I believe that you are withholding the data from me because you feel that it would be disadvantageous to you to provide it to me. It maybe that the data is within some archive service and of which you are fully aware.

    If it is your position that the data has been destroyed then please will you provide a certificate of destruction from your data controller.

    I should warn you that I am sending your letter of the XXX date containing your misleading information about the Data Protection Act to the information Commissioner as part of the complaint.
    If you do not provide me with a certificate of destruction signed by your data controller then I will add that to the information Commissioner's complaint as well.

    I would also remind you that you have a duty to treat your customers fairly and in particular to communicate with them fairly. This is a statutory duty created by the Financial Conduct Authority.

    By attempting to mislead me as to your Data Protection obligations, you are already in breach of your statutory duty. It would now be helpful if you would begin to treat your responsibilities according to law in order to avoid further complaints.

    Yours faithfully



    copy to the data controller


    MAJOR UPGRADE - probably 22 Feb - SEE ANNOUNCEMENTS

    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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  2. #22

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    Wow!!! Thank you again. Quick one - 'letter of the tape'?


  3. #23
    Site Team The Consumer Action Group BankFodder's Avatar



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    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    corrected

    MAJOR UPGRADE - probably 22 Feb - SEE ANNOUNCEMENTS

    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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  4. #24

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    So do they know full well what they’re doing by ignoring the SARicon, as such?


  5. #25
    Site Team The Consumer Action Group BankFodder's Avatar



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    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    I have no idea – and does it matter?

    MAJOR UPGRADE - probably 22 Feb - SEE ANNOUNCEMENTS

    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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  6. #26

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    No, of course you’re right.


  7. #27

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    Quote Originally Posted by BankFodder View Post
    You can try something like this:
    This really is brilliant! Thank you again!


  8. #28

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    An update that probably isn't that important but I thought it necessary:
    The SARicon package did arrive, albeit past the time limit, but I not in their letter it makes no mention of the six year 'limit':

    Attached Files Attached Files

  9. #29

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    Rightio, letter printed and ready to go. They have used the six year excuse on six separate letters.
    Three final questions:
    1. Do I use the 8 Canada Square address?
    2. Do I address it to any sub-section particular, ie, the SARicon department?
    3. Has anyone got details of the data controller so I can send them a copy too?

    Thank you, all.


  10. #30

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    No harm in checking the FCA register

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  11. #31

    Default Re: 6 year limit - Has anyone gone to ICO to challenge?

    Thank you.

    Final question for a while - letters sent today via recorded delivery. How long should I give them?


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