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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Useful things I worked on re NatWest and 6 years data

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I was interested in finding out what NatWest had on me

I thought I would ask them for a Subject Access Request.


I used the suggested wording from the ICO and used their register of data controllers to get the address from.

I never sent a thing recorded delivery but normal snail mail.


My first response was, do you want statements?

And can you specify the account number involved?

I politely wrote back saying, "I would like a full Subject Access Request".


A week later I received recorded delivery a load of stuff and 6 years statements(didn't need them anyway).


However, being a former member of NatWest,

I knew they were not complying so I asked them for the stuff from the NatWest Archive, which I duly received today.


Curiously there was a line in the letter that stated

"Our standard procedure for providing personal data allows for six years data to be provided."


I was intrigued so asked the ICO for a view and they said that it would depend on the data retention policy which could be determined by other legal statutes and regulations. So I asked the question to NatWest, what is your data retention policy?


A few emails later and I got this response:


"if I make a SAR request would I expect to receive ALL data on my account or would it be restricted to 6 years worth of data? It would be restricted to six years


To follow up on termination of accounts, and the issue of SAR would that be expected to be produced on a Full Subject Access Request? Again six years back from the day you request the information"


Those of you that know me,

will realise that I wasn't happy with the response

I asked for a view from the ICO and there response verbally to me was about "disproportionate effort" within the Data Protection Act 1998.


More to come on this but if the bank have not sent data to you from October 2002 go backwards to 1991/92 then send them a polite request for the Notes on the archive. If you want me to explain more on the Archive notes, I can :D

Edited by dx100uk


FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes please. A full explanation of the system and archive notes would be very useful for all of us.

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By the way, "disproportionate effort" does not refer to the effort required in searching for the data and laying hands on it.

"Disproportinate effort" refers to difficulty in presenting it in some intelligible form.


So for instance, if your personal data included your genetic map. having it rendered into some alphabetic form might involve disproportionate effort.

If you wanted transcriptions of phone calls then the renderig of recordings into transcripts mght involve disproportionate effort.

There might be some instances where your dislosure might have to be made by, say, a visit to the data controller's premises because anything else might involve disproportionate effort.


However, the overriding principle is that the data MUST be disclosed - regardless of the effort involved.

It is only the manner of its disclosure which is subject to a test of proportionality.



The IC is avoiding the issue and is incorrect (and it won't have been the first time either)

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NatWest Archive is the previous computer system that was used prior to integration with RBS Group system. What that meant what that for every loan you took out, every item returned was recorded on the NatWest Archive. That means that providing the bank do not look at the DPA 1998 and "disproportionate effort" that everyone is entitile to those notes. I know I have suggested it previously with regards to finding accounts when they are closed but it has other useful bits.

I think BF you were helping Sneax, this will help him get his details going back to 1995, if I remember rightly on his thread.


EDIT: that is from October 2002 back to 1991/92


FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ICO mentioned emails for example, if you SAR an organisation for emails and there say 1000 emails to find that it could be classed in that manner.


FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Please see this thread and the link to information Commissioner guidance on the satisfying of SARs


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