Jump to content


beachcomber60

ICO's response to statements older then six years

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1736 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

If you are chasing Barclaycard for missing statements have a read of this :-

 

After chasing Barclaycard for 12 months for my missing statements, and waiting eight months for the ICO to deal with my complaint, I have received this :-

 

ICO1.jpg

 

 

 

ICO2.jpg

Share this post


Link to post
Share on other sites
Guest Old_andrew2018

Is there another page

Share this post


Link to post
Share on other sites

Hi Beachy,

 

Clearly, waiting 8 month's for the ICO to help was a fat lot of good !! :mad:

 

One would have hoped they might at least enquire of BC whether any data beyond 6 years still exists.

 

Personally, I'd reply to the ICO and ask if they have, in fact, satisfied themselves that BC have actually destroyed any older data.

 

Surely, the point is not whether it is reasonable for BC to only keep records for 6 years. It is whether BC have, in fact, provided you with all the a/c data they have, in response to your SAR.

 

It looks to me like the ICO have not even approached BC. :confused::mad:


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 !:-)

Share this post


Link to post
Share on other sites

Thanks Slick,

 

My thoughts exactly, by the wording of their letter they have not even bothered to approach BC, I have already responded to this letter (didnt hold back in what I said either!).

 

Have asked that the complaint isnt closed & have appealed their decision, quoting that BC's microfiche system is a relevent filing system & I enclosed a copy of the ICO's letter to BC dated 15th December 2006 where they state that the ICO considers the microfiche system IS a relevent system under the DPA.

 

Have also point out that since Nov '08 until Aug '09 BC have maintained that statements older than six years ARE on microfiche & they arent obliged to supply them under the act - HOWEVER, after they admitted

misselling PPI when pressed for the missing statements, so I could evaluate the true amount of my ppi claim, they replied that the statements had been destroyed 'in line with group policy'.

 

Have also taken alanalana's advice and filed a complaint to the FSA & although the FOS have recently upheld my ppi complaint (more power to the elbow ready for court action after Xmas) I have also raised a second complaint regarding chasing a debt whilst in dispute ( BC have kindly put it in writing that a dispute does exist), adding monthly interest & late charges, two DN's from Mercers (in the space of three months for the same account), three threats of Doorstep collectors & a formal demand for the fully balance from Calders.

 

FOS also wants me to sign a ppi settlement acceptance form BEFORE BC makes a refund offer (already rejected this & told the FOS I will sign if & when BC makes an offer that is exceptable).

 

Me thinks county court will be busy with this one :-)

 

Beachy

Share this post


Link to post
Share on other sites

Well, quick reply from the ICO - they will not reopen my complaint & feel that they have satisfied themselves that they have answered my complaint (they have still not contacted BC).

 

quote 'It may be helpful to explain that when making an assessment the Commissioner only has to give his opinion as to whether a data controller is likely or unlikely to have complied with the DPA. His view is based on the balance of probabilities and he is under no obligation to establish what has happened beyond doubt.

 

You believe Barclaycard holds further information that you are entitled to and that they are deliberately trying to withold. But having reviewed the matter, there is no evidence to suggest that this is the case.

 

Barclaycard confirmed to you that data older than six years has been destroyed and there is no evidence to suggest they would tell us otherwise if we approached them. (November '08 BC stated that statements older than six years were held on microfiche and wasnt part of DPA, during my PPI complaint they still maintained that stance, however, after admitting PPI mis selling they stated that statements older than six years were destroyed 'in line with group policy'. They have failed to provide evidence when requested, as to when, where and by what means this data was destroyed, the only response I got was - we are sorry you are disappointed that we have destroyed your data).

 

Where parties provide opposing views (they havent approached BC, so how could they provide their view?) and there is no evidence to support either view, we will usually give the benefit of doubt to the party whose processing has been called into question'. end quote

 

Feel going to the ICO was a complete waste of time, I have waited eight months to get this garbage from them. Huge mistake, should have gone straight to court.

 

Beachy

Share this post


Link to post
Share on other sites

Hi Beachy,

 

Others may say you should pursue this no further.

 

However, I'd be inclined to approach the ICO again to ask why they won't ask BC if the older data is still available on microfiche, which has already been confirmed as a relevant storage facility for the purposes of the DP Act by the ICO.

 

Up to you, of course. :)


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 !:-)

Share this post


Link to post
Share on other sites

I had a similar response from the ICO about a month ago - complete waste of time for me too. By the time I got their response, BC had already admitted to having older data on microfiche anyway.

 

I don't understand how they can give such a pathetic, feeble answer

Share this post


Link to post
Share on other sites

Thanks Slick, Webmaster,

 

Just weighing up best way to deal with this one - sure as hell ain't giving up!

 

As I said previously, when I initially requested all statements they stated they had it stored on microfiche and as such wasnt a relevent filing system so I cant have it.

 

However, after admitting mis-selling PPI they then said sorry your data over six years old has been destroyed in line with group policy, they wont provide evidence to confirm this, I am pretty sure they still have it but wont release it.

 

I cannot understand the ICO response & why they have found in their favour without even contacting them. :mad:

Share this post


Link to post
Share on other sites

Beachy, what annoys me is the ICO doesn't even appear to have "found in BC's favour".

 

More like "We think BC would tell us it's been destroyed, so we'll not bother asking."

 

You shouldn't need to take their hand and lead them to the Microfiche scenario, but, if that's what it takes ...... :rolleyes:


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 !:-)

Share this post


Link to post
Share on other sites

If it's any help Beachy, when I sent BC a SAR, they gave me 6 years worth and said 'this is all we have'. I knew that to be a lie, so just launched a court claim. When they submitted a defence, this admitted that data was held on microfiche, but claimed they didn't have to reveal it.

 

They offered to settle out of court a month before the hearing: they'd give me the microfiche data if I signed a confidentiality agreement. I rejected that, and they sent the data anyway.

 

Bankfodder was a huge help on this one, and correctly predicted that there was no way BC would let the case reach court, partly because the blatant lies that BC had told me would come out

Share this post


Link to post
Share on other sites
Beachy, what annoys me is the ICO doesn't even appear to have "found in BC's favour".

 

More like "We think BC would tell us it's been destroyed, so we'll not bother asking."

 

Hmmm perhaps this is there way of clearing the backlog so they can report better stats at end of financial year? or perhaps Barclays are just stonewalling the ICO after so many complaints made against them and hence the ICO doesnt want to go legal on them :-D

 

They have to be one of the most inefficient depts around.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites

As for "we believe it is standard industry practice for a bank to retain only 6 years worth of data", this certainly isn't the case for BC and HSBC (8 years, perhaps more), and I'm sure the ICO must know this, given they've previously investigated this (see the sticky thread in this forum)

Share this post


Link to post
Share on other sites

One way might be asking a Court to order its disclosure and/or an order that Barclaycard provide a signed statement of truth to say that they do not keep account statements more than 6 years old.


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.

 

 

Share this post


Link to post
Share on other sites

Thanks everyone, I am so tempted to file a N1 now.

 

The only thing thats bugging me is that they have recently stated that my data has been destroyed in line with group policy, I have asked for proof as to when, where, how & by whom - but all I got back was a letter saying they are sorry I wasnt happy that my data has been destroyed.

 

Interesting, about six weeks after that letter I received my 1998 Application form - copied from a microfiche file :)

Share this post


Link to post
Share on other sites

Just to bring this thread up to date, I sent Barclaycard a final Letter Before Action, and the following was their response:-

 

Response.jpg picture by beachcomber49 - Photobucket

 

I fail to see why I should part with another £10 & submit yet another SAR after doing so in November '08.

 

In addition I asked why I couldnt log on to the account and asked if the account has been terminated as Calders last threat-o-gram was asking for the full amount - even though my complaint is with the FOS over mis sold PPI - admitted by BC & upheld by the FOS (they failed to reply to that part).

 

Just so happens that the postman also brought the court claim forms for me to take them to court, so it looks like game on.

 

Beachy

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...