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D.S.A.R noncom, 2 different Co's same 6 year quote


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Hi all, hope this is in the right place.

Ok Cap one and bluestone credit management have both refused to send me any info beyond 6 years so I'm looking at taking them to small claims to force compliance. Both are clearly saying that the DPA says they don't have to. While I'm pretty certain that it doesn't I thought i'd better double check?

My real reason for this posting is for help with the POC's, I have got a copy from the library but are these still current and will I need to add to them? I'm thinking maybe something because of them both claiming they don't have to provide anything beyond 6 years.

Thanks Jim

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Is that really what they say - in writing????

 

 

If so, we'd like to see the letter please.

 

They are absolutely wrong. they are required all personal data which they hold on you in any form.

 

Give us more info and we will helop you do a POC

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Ok i'll scan them later this evening.

I have the bluestone letter with me,,,

"Due to the original agreement being taken out in 2005 we are under no legal obligation to provide you with a copy of the original agreement or any other documentation that have been produced six years prior to this letter.

Therefore your request shall not be acted upon, which we are legally entitled to decline".

 

If I remember right the cap one letter is even more specific saying that the provision for the six years is within the DPA, this a direct quote from their DPA team.

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The bluestone is as above including the poor English, below is the cap one letter,,,,,

 

" You mention that you have previously requested a comprehensive breakdown of the history of your account, since this was opened in December 1998. After looking through our records, i can appreciate you were provided with limited account information following an internal request from our Customer Service team in December 2011. I can assure you that we have not purposely edited any information provided to you. I feel we have adhered to our policies and procedures and I can only apologise if you believe otherwise.

 

With regards to the statements sent as part of your Subject Access Request (SAR). I understand you are unhappy as we have provided you with statements to cover the past six years. I appreciate that you would like a full sett of statements to show the history of your account since this was opened in December 1998. However, after speaking with our Subject Access Request (SAR) team, I have been advised that under the Data Protection Act (1998) we are only required to store six years worth of information on our customers. You can see that I have enclosed copy statements that date back to October 1999 but unfortunately, I am unable to provide you with data relating to the transactions on the account prior to March 2006. This is because we are no longer required to retain this information and once again, I can only apologise for any incon,,,,,,,,,, blah blah".

 

They go on to waive the £10.00 fee for this info, very good of them. They claim I've not sent in the fee, even after I provided them with a photo of the check, proof of them cashing it, proof of postage and receipt.

 

Later, and as a gesture of goodwill they've given me £25.00.

 

I'll add some details soon

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The bluestone is as above including the poor English, below is the cap one letter,,,,,

 

" You mention that you have previously requested a comprehensive breakdown of the history of your account, since this was opened in December 1998. After looking through our records, i can appreciate you were provided with limited account information following an internal request from our Customer Service team in December 2011. I can assure you that we have not purposely edited any information provided to you. but they do contain both opening balance and closing balance each month plus minimum payment required, so they must have it all, I really can't imagine them paying someone to spend their time selectively editing old account details leave only selected info I feel we have adhered to our policies and procedures and I can only apologise if you believe otherwise. What they seem to forget is that this was a request for them to "adhere" to English Law not company policy or procedure

 

With regards to the statements sent as part of your Subject Access Request (SAR). I understand you are unhappy as we have provided you with statements to cover the past six years. I appreciate that you would like a full sett of statements to show the history of your account since this was opened in December 1998. However, after speaking with our Subject Access Request (SAR) team, I have been advised that under the Data Protection Act (1998) we are only required to store six years worth of information on our customers. You can see that I have enclosed copy statements that date back to October 1999 but unfortunately, I am unable to provide you with data relating to the transactions on the account prior to March 2006. This is because we are no longer required to retain this information and once again, I can only apologise for any incon,,,,,,,,,, blah blah".This really speaks for itself, all I'll say is as above

 

They go on to waive the £10.00 fee for this info, very good of them. They claim I've not sent in the fee, even after I provided them with a photo of the check, proof of them cashing it, proof of postage and receipt.

 

Later, and as a gesture of goodwill they've given me £25.00.

 

I'll add some details soon

 

I don't know what to add, I've been searching the forums for something similar but found nothing thats even close, well none that went anywhere, so feeling a bit hard done to with 2 at once :(

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