Santander SAR information

[dazza12]

Hi all,

 

I'm having a bit of a battle with Santander over a number of accounts I've held over many years under their various guises. I've got a Santander current account that I've only had for a few months, an A&L Cashplus account I've had since the mid 1990s (but not accessed for a few years), and a number of various store cards with different companies that have ultimately been taken over by Satan's bank.

 

I put in a SAR about 3 months ago. Santander sent an illegible copy of some T&Cs and a poorly scanned copy of the agreement for one storecard, and a good copy of another agreement but T&Cs that were clearly out of date (it's a Burton account from the early 1990s but Santander are listed as the bank, not 1st Personal Bank who owned it at the time).

 

I let them know on expiry that they'd not supplied sufficient data and that they were in breach of my SAR as they'd not complied in time.

 

Today I got another letter back, with just one agreement (the same one they sent last time) and another copy of the Santander T&Cs. Nothing regarding the accounts that are still open, however they've advised me that they've passed my request onto the banking department.

 

They've stated that there is not a legal requirement to retain data over 6 years, however I've not hinted at this. I believe in one of my replies I stated that they are to supply ALL data they hold on me, but it seems that they've decided that they can interpret this to only supplying data within the 6 years. However, I have them on this as nothing has been sent regarding my Santander current account.

 

I note on here and on MSE Santander normally end up sending the missing data once they get court papers, one of my work colleagues being one of them. I was wondering if anyone who has had success with them could advise how far back they hold data for. I've got a feeling they're using the 6 year advice to get out of supplying any data that would ultimately cost them.

 

Alternatively is it better to send a SAR to Genworth, as it appears that in PPI cases they've been the ones to pay out?

[citizenB]

Yes, Santander are pretty bad at providing Data for SARs.. According to tax and money laundering laws they are supposed to retain data for 5/7 years AFTER the financial relationship has ended.

 

Unfortunately the Information commissioner has told banks they only need to retain data for as "long as is necessary".

 

Presumably they would be relying on reconstructions and witness statements if they were taking you to court for something !.

 

So is the requirement of data for PPI purposes ?

[dazza12]

I'm aiming to use the information for a PPI complaint, however if necessary I do have a number of charges that were incurred as well on several of the accounts. Them and their DCAs made my life hell in the late 90s and early 2000s and it would feel like it was worth it if I manage to get as much as I could back from them.

 

I've SAR'ed a number of banks, all of who I remember having accounts with, and I'm fighting individual battles with them with varying levels of success, but not one of them has been as stubborn as Santander.

[citizenB]

I am not sure how you are going to be able to force Santander to provide this information if it is older than 6 years.. because the Information Commissioner is as I already said.. quite wishy-washy.

 

I will keep my eyes open for any other threads that might advise they have obtained information older than 2007.

[dazza12]

I'm quite happy to fight them (and others) regarding this, but as you say it can be difficult due to the inaction of the ICO.

 

I've only known of one bank to comply with an SAR, this being MBNA (surprisingly). Most of the banks seems to be flouting the law, and get away with it. Meanwhile a small business that makes a genuine error in their DPA responsibilities will get punished and fined. Still a serious offence, but the banks avoid any comeback.

 

We all know that most of them hold data much longer than they say. I have contacts that work for Iron Mountain (a document storage/scanning company) who have indicated that may of their big bank customers have files going back to the first half of the 20th century, some even further back.

 

Are there any plans for a campaign to get the ICO to grow some balls or for the banks to be forced to comply? If there is I'd be happy to be a part of this, arranging letter writing to MPs, getting press interest etc., anything that might help. Despite everything that has happened over the past few years, the bully banks still have the balance of power and they need to be reminded that the laws of the land are in all of or favour, not solely for them.

[STUARTPPI]

I am also fighting with SATAN to get my SAR after being passed form Santander to GE then back to Santander and also MBNA after a slight fight gave me all info back to 1995

[dazza12]

I am also fighting with SATAN to get my SAR after being passed form Santander to GE then back to Santander and also MBNA after a slight fight gave me all info back to 1995

 

From what I've seen on both here and other forums, it does sound like MBNA do only hold information back to the mid 1990s. You may get lucky with older information, but it may be worth writing back to them to get them to confirm that data prior to this has been destroyed.

 

Regarding Satan's bank, they tripped up on my request as they failed to send any information regarding my open Santander current account and an Alliance and Leicester cashplus account that's still open. The response that I got from them seemed to indicate that they weren't going to search any further than they already had, but all that's done is spurred me to take them on. Abbey hold information back as far as 1923, and prior to the takeover by Satan the various parts of the bank (Alliance and Leicester, GE Capital etc) were known to retain historical information, so unless they can prove they've done a mass shredding exercise of old data then they're telling porkies.

[STUARTPPI]

Dazza12 I have asked them this.....I am loosing hope.....has anyone chas a successful PPi claim from this bunch?

" Where any previous information or records held have been deleted or disposed of, you have a duty to provide descriptions of the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

May I remind you that a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all.

[dazza12]

If a PPI claim against Santander refers to a former GE Capital / First Personal / Welbeck account, Satan will refuse to uphold it as GE weren't FSA regulated at the time.

 

However, you then have the option of taking it to FOS. FOS will write back a short while later giving you the underwriter details (normally Genworth). You can then refer the complaint to the underwriter - many people are getting successes via this method.

 

Satan appear to be sticking to their guns, still insisting they hold nothing beyond six years. It looks like I may have to initiate this magic trick of theirs where they suddenly find some data round the back of a filing cabinet once a court claim passes to a hearing date being allocated.

[STUARTPPI]

Hi dazza12 I am just trying to get my SAR... with no hope I have had knock backs and excuses from other banks but persevered and finally got my SAR but with Satan’s bank this is proving more difficult, I am just getting standard knock back after knock back, passed form dept. to dept. I feel like giving up with this one.....?? I have also asked for the underwrites and just been ignored. This is chasing a car loan from Foods of Windsford 1996 GE were the finance house, I know it had PPI I remember the salesman telling me I wouldn't get the car if i didn't take the PPI I was in my early 20's and he took advantage, any ideas?