Old BRS and NW cards. They say they can't find accounts now what?

[The Unfairy]

Hi

 

Sent a letter to each saying I used to have credit cards and did a S.A.R, NW didn't cash chq or reply and RBS sent back chq saying they had no record of me. What now? Maybe there is a standard letter, but I've searched and I can't find one?

[rory32]

How old are the accounts?

[The Unfairy]

That is the problem, I paid them off about 5 years ago, so they could either genuinely not have the info or they are trying to string me out til I am over the 6 years.

 

Which leads me to question two, would I be within my rights to report them re Data Protection non compliance or whatever the thing is and then when they do find the account backdate my claim to when I sent the first recorded letter months ago?

[rory32]

They are required to keep records for at least 6 years. Most banks will keep records for considerably longer.

 

You can certainly argue that your claim should be from when you could have reasonably expected to receive the information and that the bak have frustrated/delayed proceedings.

[The Unfairy]

Thanks.

 

So how do I go about getting the info, as I know there will be reclaimable charges on both?

 

The previous letter gave my maiden/married full names. Old and current address and date of birth. Surely they should have been able to track me down?

[rory32]

How long has it been since they received your SAR?

[The Unfairy]

On one of them about a year and the other about 4 months.

 

Thank you so much for replying and your help, especially at this late hour on a Sunday.

[rory32]

Okay. Try something like this then (amend as required).

Dear Sir/Madam

 

LETTER BEFORE ACTION

Re: Subject Access Request

 

Thank you for your letter dated xxxx. In this you state that you have no records of my accounts with you as they were closed 5 years ago. I am surprised to be informed of this, as the Inland Revenue require companies to hold ALL their (and by default their customers) account/business transactions for at least 6 years (normal practice would be at least 7 years due to financial years being in April and delays in tax accounts processing).

 

Once again I will state I require A COMPLETE LIST OF TRANSACTIONS AND CHARGES RELATING TO MY ACCOUNT HISTORY WITH YOUR ORGANISATION. Alternatively, a complete set of statements, appropriately filed, for that period will be acceptable.

 

Your 40 days for compliance was at an end as of xxxx 2008. On this date I sent your company a Letter Before Action giving you a further 7 calendar days to comply . In this letter I stated failure to comply with my Data Protection Act Subject Access Request dated xxxx 2008 would result in my seeking of a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. I will also seek any costs I have incurred such as fees for legal advice.

 

You now have until xxxx 2008 to avoid court proceedings. If you choose to ignore this date and continue to be obstructive in this matter I will have no other recourse but to ensue court proceedings against you and report your actions to the Information Commissioners Office on the basis that you have breached the sixth data protection principle of The Data Protection Act 1988.

 

Yours faithfully

[The Unfairy]

Brilliant, thanks so much I will amend and print tonight.