Pawnbrokers -v- Cap One

[pawnbrokers]

have a couple of claims with cap one - would appreciate help with something they called - disabilty plan - presume it was a for runner to ppi.

i originally sent dsar request in april 07, but never received docs.

File was ignored until i recently realised yu can still claim, so i wrote again request copies and original agreements. received back documents, and on microfile copy is note back to may 07 stating that they sent docs but returned by RM and destroyed.

The docs they have supplied include copies of acct balances dating back to may 2000, but do not give itemised details until oct 2001. which was when i resubmitted request for data.

Do i have a right to refer to these older items of charges for claiming as i had not received the docs from original request. It is very likely that this disabilty plan cover goes back to the original card issue, but withour the agreement, which they wont supply, or the detailed accounts itemised, i am only guessing. advise how to react please -pb

[pawnbrokers]

have not got any response to request for help on post 5, re cap one and their not sending me docs requested in 2007, can anyone advise if i can insist on claiming back these extra 2 years - pb

[slick132]

Hi PB's,

 

You may have got no reply because you were hijacking another's thread.

 

So I've put your posts into your own thread here in Cap One forum.

 

My advice would be to send a new SAR and fee to start the process again. If they again fail to supply the data to which you're entitled, take prompt action for their non-compliance.

 

See articles 18, 19 and 20 in the Bank Templates Library.

[pawnbrokers]

tks slick, im finding site a bit daunting, already did dsar, got details for 6 years but excludes these older ones. do you still think a new dsar will make any difference??- pb

[slick132]

If you don't want to shell out another £10, write and complain that they have failed to supply documents to which you are entitled following your SAR.

 

You could add that you note their comments on the microfiche that older details may have been destroyed. And you would now like their written confirmation that the older documents have now been destroyed. You should also ask who authorised this, and why.

 

It may be that you can refer this matter to the ICO, depending on their response.

 

Any Cap One experts care to add to this.

[the_shadow]

Hi Pawnbroker,

 

Would suggest you complain to CapitalOne about non-compliance with the SAR and give them a date to fix it by (say 14 days), just remind them that there is NO limitation on the data protection act and they must send all data they hold on you. Might also be worth mentioning the fact that the money laundering regulations require them to hold all information on an account until 6 years AFTER the account has been closed (i would argue that for money laundering purposes an itemised account is essential and thus they are not adhering to that regulation either)

 

If they have destroyed account data then its hard to see how they can prove that the brought forward amount is the actual balance outstanding when put to strict proof.

 

No doubt they will either ignore or send a letter saying they've complied.. its a complaint to the ICO but the paper trail will stand you in good stead, esp if you've pointed out the bits that Capital One should be adhering to.

 

They dont appear to be sending agreements out in reply to s78 or SAR's anymore, unfrotunately that means either using the CPR31.16 method(see the link in slicks signature ) or stopping payment and waiting for them to pass you to a DCA who you s78 and generally you get sight of your agreement but with a nice big default on your credit file at the same time

 

Hope this helps....

 

S.

Edited August 10, 2009 by the_shadow
Correction of CPR quoted

[pawnbrokers]

slick & shadow, thanks for response, iv not replied sooner as i have not got repose advise to me emailer, so didnt know these answeres were here.

I will try again and write to crap one insisting that they comply fully with the dsar and telling them they cant withold any information.

 

As for the destroyed copies, maybe slick yu were given the wrong idea my me, the micro details refer to the original dsar documents they sent to me,which i never received, these were destroyed when the posty sent them back. according to the micro.- pb

[slick132]

Hi PB,

 

You need to check your User Control Panel to ensure you DO get email notification when replies are made to threads you're subscribed to. Click on the User CP link at top of this page under the Announcements banners.

 

I understood about the doc'ts sent to you, which were returned undelivered and destroyed. That is feasible.

 

What I don't necessarily believe is that Cap One could access certain data recently when they sent it out. But now it's no longer accessible.

 

We're seeing the same type of data issue over in the Barclaycard forum.

[pawnbrokers]

slick will do a letter and post off to crap one insisting on all docs,will see what it brings, but wont hold my breath -pb

[pawnbrokers]

oh and thanks for the guide - ive now put instant ticksd on all my posts so should get immediate response- thanks again -pb

[slick132]

Good - see if you get an email for THIS post.

 

[the_shadow]

Something I'm working on for my CPR hearing.... may come in useful to quote back to them...

 

 

Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a Credit Card agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007. “

S.

[pawnbrokers]

slick - ive just logged on - no email ereveiced, so im still not doing something right.shadow. let me get thisds right, they should keep all files, for another 6 years after any account is finished(for whatever reason). This means that they must keep files of all accounts indefinately if the account remains a live account ?? - pb

[the_shadow]

slick - ive just logged on - no email ereveiced, so im still not doing something right.shadow. let me get thisds right, they should keep all files, for another 6 years after any account is finished(for whatever reason). This means that they must keep files of all accounts indefinately if the account remains a live account ?? - pb

 

Just to say firstly that info above came from either PT2537 or Rory, people are unsure who provided it in the fist instance...

 

Secondly its worth arguing with them in my opinion... how can they prove the brought forward balance is ever correct if they dont keep the statments or at least a proper itemized running account listing.

 

S.

[pawnbrokers]

just to say that still no email advices to me - i must be doing something bl--dy stupid in my user cp box, but i cannot figure out what or why - im just a computer dumbo. so anything simple to put it right would be obliged.

 

shadow - will just try and try, but its very difficult with the renowned "ellie" who seems to have letters for everything and never an answer to anything. should be a song i think.

will progress through the letter and get it off. tks pb

[pawnbrokers]

have penned following - please have a read and advise of changes - pb

subbed lletter on dsar details not supplied 14-08-09.doc

[slick132]

PB, Are you getting email notice of posts made on your other threads.

 

Re your letter, I have suggested a shortened and tidied version attached below.

pawnbrokers letter.doc

[pawnbrokers]

thanks slick, no e-maails so im still not doing something right - help and guidance please - will look at revisions and tks-pb

[the_shadow]

thanks slick, no e-maails so im still not doing something right - help and guidance please - will look at revisions and tks-pb

 

Have you checked your junk email folder to see if its being blocked as spam?

 

S.

[slick132]

Good thinking TS !

 

PB, if that is NOT the problem, come back and confirm and we'll get the Site Techhies working on it for you.

 

[pawnbrokers]

slick & shadow. - nothing in e-mails junk, so im definately doing something wrong in my responses box. im just bl--dy thick i suppose. if someone could just check id be very grateful- on line tomorrow - then off on hols for 2 weeks - thanks for help - pb

[slick132]

Hi PB,

 

I've checked your User CP and it looks ok to receive email notifications as far as I can see.

 

So I'll get The Webmaster to investigate what's wrong here.

 

We'll get back to you.

[pawnbrokers]

slick, its very weird, iv got no e-mails from the postings ive made, but i got a message that the webmaster sent me - how does that stack up - im mystified- pb

[pawnbrokers]

off tomorrow for 10 days, will see if ive got stack and stacks of messages when i get back -

[slick132]

I asked Webby to look into this for you.

 

If he can't suss it out, you're doomed.