Jump to content


  • Tweets

  • Posts

    • That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Has your bank told you that they don't keep statements beyond a certain time?


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5525 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Please tell us about it here.

 

We would like to know, which bank?

how many years?

what date did they say this?

see a copy of the letter if possible.

Thanks

Link to post
Share on other sites

  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

This is exactly what Abbey said to me and thousands others, I will have to search through my paperwork as to whether they actually committed this to writing though

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Yes i have this in writing from the Co op Bank after my SAR for statements relating to an account opend in about 1990.

Thank you but when did they write to you? Do you have the letter? Could we see it?

Link to post
Share on other sites

After checking through my paperwork they dont actualy state this so i am planning to write to them and asking this specific question, i will update you of any replies received.

hello all:-)

Link to post
Share on other sites

Hi,

 

I took Lloyds TSB to Court over Non-Compliance of SAR, they still only sent information back to six years but some of the paperwork had mentions of earlier dates.

 

I can post the Solicitors letter if required.

 

Jogs

Link to post
Share on other sites

Sallysas in the BC forum said last month

 

Sorry, they state they only have data going back 6 years - I just don't believe them..........

Shall I ask her to scan a copy of BC's letter.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Had the same response from BC (visa & mastercards) as previous post, exactly 6 years statements and a letter stating the same as in Slicks post.

 

Sent LBA non compliance letter and have just received reams of a4 sheets of absolute rubbish - pages and pages of codes, copies of telephone conversations of what I SAID (noy what they said) and copies of mercers threats.

 

Have now lodge complaint with IMO.

Link to post
Share on other sites

Why aren't statements SAR material? They relate to you personally and have pertinant details on them regarding your financial affairs, don't they?I'm not having a pop, I do actually mean that as a question:)

 

Well anyway, I requested them under my SAR, and in a two line letter MBNA told me statements only go back 6 years (this was when I complained about not being sent more). I'll try to remember to scan it later.

 

I replied asking how they can prove a brought forward balance without the old transactions. This is also what the tax office asked citizenb when they were asked how long banks needed to keep records for.

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

I have been to Natwest to try and get a default removed from 3 years ago as the account has been settled. I still have my cheque book and ATM card. They say, they no longer have any details of the account I held?????? I am in the process of writing to a higher authority, someone with half a brain. Waynetta Slob perhaps.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

Thanks to everyone so far for their input.

However, please refer to the information which we need and which is listed in the in the opening post to this thread.

 

This is a terribly serious enquiry and we'd be grateful if people could post the information for us.

Link to post
Share on other sites

Hi All,

 

In response to your question, I have CCA Barclaycard who completely ignored this request, so at the advice of fellow CAGgers I SAR Barclaycard and only received a set of statements going back to Aug 2003, with the words 'this is all we hold' my credit card account is a lot older. see my thread for more info:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180526-barclaycard-promped-into-action.html

 

:confused:

Link to post
Share on other sites

Firstly, the tax man insists people hold records for 7 years at least, so it would be logical that the banks hold this data for at least 7 years!

 

Secondly, I am a Data Controller for a company and we were told by the ICO that we need to keep information for as long as a customer is ours and at least 6 months beyond that - and we're not a financial services company and hold minimal financial information on our customers. I would think that a financial services company would have to at least do this.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

Link to post
Share on other sites

Yes, Barclays said this to me in a letter sent on the 17th February 09. The exact words are:

 

"We are only required to hold account data for six years, so unfortunately, we can't provide you with all the information you requested"

Link to post
Share on other sites

ICO advice is different than FSA regs. FSA regs say six years. Data Protection FAQs ? For organisations But notice the careful wording of some responses e.g. ""We are only required to hold account data for six years, so unfortunately, we can't provide you with all the information you requested" which does not say that they actually do only keep it for only six years, it just states a minimum requirement which may be exceeded in reality. Makes you wonder if they run data deletion every day for data that is six years plus one day old. I believe they don't and that many if not all keep data over six years old.

Edited by lamma
Link to post
Share on other sites

I recently requested a SAR from my Littlewoods Visa (Barclaycard). Although arriving over the 40-day time limit, they included all transactions on the card aswell as most other information like customer behaviural reports, computer dumps etc.

 

The Letter said that they were sending everything as a courtesy since the law is about to be changed to include all material beyond six years. they actually sent the first year of my transactions which were originally on Microfieche but they copied all them onto paper for me.

Link to post
Share on other sites

I found a letter recently and spotted something I hadnt seen.It basically said that they were not entertaining any claims pre 6 years on being told by the OFT !!

I will try and find it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I found a letter recently and spotted something I hadnt seen.It basically said that they were not entertaining any claims pre 6 years on being told by the OFT !!

I will try and find it.

How recently? If it was pre-OFT vs. Banks & Nationwide, they're right. If it's since then, then take them to the FOS just over that matter and let them incur £450-£500 (depending how soon you make the complaint).

But, this is different to not sending information.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

Link to post
Share on other sites

Subbing

You don't need to type a message to subscribe to the thread! You can click Thread Tools at the top right of the first post on any page, and then select Subscribe to Thread.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

Link to post
Share on other sites

We'd still very much like to get the information asked for in the first post to this thread please.

There could be some very important issues here.

Link to post
Share on other sites

I sent a SARs to Barclaycard and their response was:-

 

http://www.campbellphotographic. co.uk/images/barclaycard0001.jpg

 

“statements held prior to May 2004 are stored on microfilm which … does not fall within the definition of ‘relevant filing system’ under the Data Protection Act 1998 nor within the bounds of what we are obliged to provide in response to your data subject access request as set out on the Information Commissioner’s Office website”.

 

I contacted the ICO and they confirmed this is a lie! I sent a letter to Barclaycard with the ICO response and they returned the identical letter and the same 6 years statements - totally ignoring my letter and the statement from ICO:-

 

see my posts here

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...