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Suzy H v GE Capital


Suzy H
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Hi guys :wink:

 

Sent off two SAR letters by recorded delivery yesterday to :-

 

Data Protection Administration

GE Money

PO Box 700

Leeds

LS99 2BD

this is for a House of Fraser Card & Debenhams Card - both accounts were passed to 'Viking' for collection. I cleared off the full balance owed on both accounts and they closed them down.

I had those accounts for years so know there will be a lot of charges on both accounts. As always ... I will keep you posted :-)

Thank you :-)

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Great stuff Suzy.

 

If you have problems getting complete statements (which a lot of us have -they claim they only have to keep records for 5 years) may I refer you to Glenn's thread "GE Capital bank -statements " about making complaints to the Information Commissioner.

 

Good Luck and I hope you get your info ok

 

Sarah

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Hi sarahpp

 

Thanks for that - had a quick look at Glenn's thread :) Unfortunatly i'm in Scotland so can only claim back 5 years worth of charges :( but i'll see what they say and keep you posted.

 

(If the charges, however, exceed £750 - I may just try for the 6 years worth of statements and go through mcol for recovery :))

Thank you :-)

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They were 4 months missing from 2004 for me as well so, the thread may still be relevant for you.

 

Have you thought about claiming contractual interest at all - it does add quite a bit onto the claim if you are willing to go through the process and there have been claims settled on this basis now -one with the Nationwide for example.

 

Best of Luck

 

Sarah

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Hi sarahpp

 

No had never thought of claiming contractual interest to be honest - but you have certainally put the idea in my head :-)

 

I'll have a read over the forum over the next 40 days to see whats involved and keep you posted.

Thank you :-)

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  • 4 weeks later...

Hello :-) thought i'd update you with a 'progress' report and I used the word progress in its weakest sense!!!

 

Got my 'statements' for my Arnotts & Debenhams accounts this morning - I say statements but it's actually some incomplete statements only going back to Oct 01 and little cut out bits of paper - what's that all about lol.

 

NOT ONLY THAT but to make matters worse ... I also seem to have a copy statement for a Mrs Hilton of Lancs. Gold Account (yes along with her account number etc).

 

Off to have a scout around the forum to see what the next procedure is but just thought i'd update you with this little gem :rolleyes:

 

I'll keep you updated

Thank you :-)

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P.s.

 

The cover letter is very short and sweet:

 

Dear Suzi

 

As previously requested, please find a list of transactions and charges on your Debenhams and Frasercard account.

 

Please note that we only hold statements going back for five years. (Yes that's how it was worded! oh and no mention of incomplete data).

 

There has been no manual intervention on this account.

 

I hope you will find these details helpful. (I wonder if they mean because I now have the details of someone elses account lol)

 

Yours sincerely

 

Sue Davies

Data Protection Administrator

Thank you :-)

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:-) Hi everyone :-)

 

After having a scout around various threads I have typed up a letter of reply - I would appreciate your eagle eyes glancing over it and then offering any advice on rewording and/or changing things.

 

As always - any help greatly appreciated

 

Thank you in advance

 

 

November 20, 2006

 

Sue Davies

Data Protection Administrator

GE Money

PO Box 700

Leeds

LS99 2BD

 

 

DATA PROTECTION ACT DISCLOSURE REQUEST

 

&

BREACH OF DATA PROTECTION ACT

 

DO NOT IGNORE

 

 

 

 

 

Section 7 – Data Protection Act 1998

 

Dear Ms Davies

 

Important – You should read this carefully

 

Account Numbers: **************** & ****************

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request.The disclosure of personal data is incomplete in that the following documents are missing.

 

You have failed to provide a complete list of transactions and charges. The statements you have failed to supply cover the following periods of time:-

 

Frasercard

February 2002, March 2002, June 2002, July 2002, August 2002, February 2003 to November 2003 inclusive, January 2004, October 2004 and December 2004.

 

Debenhams

April 2002, July 2002, August 2002, February 2003, July 2003, September 2003, April 2004.

 

Please note that you have not yet complied with your obligations under the Data Protection Act 1998 however you still have until December 04, 2006 to comply with my request and, as a gesture of goodwill, I am prepared to allow an additional 7 days in order for you to comply - this I believe to be ample time for a company of your size.

 

As for you only being able to supply ‘statements going back five years’ I do find this difficult to believe since the Inland Revenue expect companies to hold ALL their (and therefore by default their customers) account/business transactions for at least 6 years from date and, allowing for delay in tax accounts processing, this, in some cases, means companies are obliged to hold at least 7 years worth of data.

 

Taking this into consideration please note I am looking for A COMPLETE LIST OF TRANSACTIONS AND CHARGES RELATING TO MY ACCOUNT HISTORY WITH YOUR ORGANISATION. Alternatively, a complete set of statements, appropriately filed, for that period will be acceptable.

 

If you fail to comply with this request I will have no alternative but to refer the matter to the Information Commissioners Office and, without further communication to you, file a N1 Form at my local Sheriff Court, and take legal action against you for Non-Compliance. I will also ask, at the discretion of the court, for compensation in relation to all additional costs I have incurred due to your non compliance (e.g. fees for legal advice etc).

 

 

BREACH OF DATA PROTECTION ACT

 

 

I am terribly concerned and shocked that in addition to receiving incomplete statements from yourself your have also sent me a Debenhams Gold Card Statement for a Mrs M Hilton * ****** **** ****, ******, ******, Lancs. *** ***, account number ***** *** **** ****.

 

I find this both inexcusable and highly unprofessional and am now concerned that my own data is being handled with the same apparent disregard for confidentiality. Please be aware that I will be lodging a complaint with the Information Commissioners Office today.

 

I shall keep a copy of this statement for my records, should, at a later date, evidence of this be required, please note I will dispose of this securely once we have come to an amicable conclusion.

 

 

 

Yours sincerely

Thank you :-)

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Thats great Suzy. Iwouldn't hold out any hope of actually receiving the documention. I had to estimate my charges in the end.

 

Make sure you fill out the complaint form for the ICO - they are becoming increasingly interested in G.E. and the disclosure of someone else's personal data will make them even more so.

 

The form is really easy ( I have already lodged a complaint re G E for non-compliance) and only took me about 10 mins.

 

Keep us updated

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Thank you for having a look over the letter sarah - I have printed it out and will get to the post office this afternoon.

 

I'm not sure what to do for the best now because so many statements are missing (approx 6 months from 02, nearly 1 year for 03 etc) so even 'guestimating' levied fees would be impossible :sad:.

 

I will wait for the response to this letter and if I still do not have a complete set of statements (and going on what you have said this will probably be the case) I might claim for charges every month I do not have statements for (as there was most probably charges levied anyway) and then leave the ball in their court for negotiation.

 

Thank you for taking the time to read over and reply to my thread and I shall keep you posted.

Thank you :-)

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In my case Suzy, I have claimed for charges on each month. It co-incided with the timing of when I had to give up work so, I felt that this was probably a realistic estimate. I have told them in my prelim that I will be happy to justify the rationale behind this in court if necessary. For the other 4 months which were missing from 2004 I was able to reconcile that I hadn't been charged. I have requested the contractual rate of interest by the way.

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i am in exactly the same position as you suzy, had debenhams card got into money problems so could not pay them so viking got involved my credit limit was 1,100 , sold my house to get out of debt and ended up having to pay them 1,700 back, i have sent them s.a.r a week ago no news yet, i will keep you posted.

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Hi sarah

 

Thanks for replying I have been reading your thread also and will be reporting the breach of Data Protection Act to the Information Commissioners Office and will report them again should there be a non compliance of my S.A.R - (Subject Access Request) - especially since Glennuk said that the Information Commissioners Office 'are very interested in this issue'.

 

 

Hi ginamaunder

 

I'm sorry you have had such a crappy time of it but you're definitely on the right road for getting those levied fees back. I'll look out for your thread and i'm really looking forward reading your updates and of course reading about your success :-). Good luck and keep me updated

Thank you :-)

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Thanks sarah :wink:

 

I was dreading filling in the form but you were right - it took no longer than 10 minutes (including sending the supporting material) and it was not as daunting as I had first anticipated.

 

I do have two questions for you ... you mentioned you lodged a non compliance complaint with the Information Commissioners Office - after reading around a few threads I thought non compliance complaints went to Trading Standards - have I got that wrong? Or do we complain to both bodies?

 

Thank you for everything so far - off to tip your scales 29_4_34.gif oops - pressed enter instead of shift mid typing and it sent - so my compliment might sound a bit disjointed and daft - bit like myself really ha ha ha.)

Thank you :-)

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Thanks for the click Suzy - I sent my complaint to the Information Commissioners Office because they are responsible for monitoring the Data Protection legislation but, I don't see any harm in lodging a complaint with TS as well.

 

One poster is taking them to court for non compliance so, it may be worth keepng an eye on this thread. http://www.consumeractiongroup.co.uk/forum/store-cards/29160-sarah-ge-money.html

 

I think the court docs are in now so, there should be some news on it soon.

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Got this email from the Information Commissioners Office yesterday re GE Capitals breach of Data Protection

Dear Ms Higgins

Thank you for your email. This has been forwarded to the Casework and Advice Division at our main office in Wilmslow. You will receive a full response from a Casework and Advice Officer in due course. Any further correspondence relating to this complaint should be sent to [email protected]. Alternatively you can contact the Helpline on 01625 545 745.

Sincerely

Sheila Logan

Operations and Policy Manager

Information Commissioner’s Office

Tel: 0131 225 6341

www.ico.gov.uk

I'll let you know the outcome.

Thank you :-)

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  • 3 weeks later...

Well nothing exciting to report really ...

 

No further news from Information Commissioners Office and just received this letter from GE Money ...

 

'Dear Suzi

 

I confirm receipt of your letter dated 20 November regarding your data subject access request.

 

I have carefully noted your comments. Firstly, I apologise for the statement that was sent to you in error. GE Money takes very seriously its obligations with regard to maintaining the confidentiality of customer information. I have investigated why this error occurred and can assure you that we have taken steps to prevent this from happening again. Thank you for bringing this to my attention.'

 

The letter goes on to say that I have received incomplete statements as I had a zero balance for those periods and therefore no statements were produced.

 

Finally ...

 

'Under your subject access request, GE Money is only bound to provide you with information that we hold, which we have done. It is therefore GE Money's position that it has complied with your subject access request. I apologise that we are unable to provide you with the statements you are seeking for the particular periods you have listed. If you could please advise us what specific information you are seeking to obtain for the periods you have stated in your letter, and why you require this, we will be happy to assist.

 

Finally, I note your comments about GE Money's approach with regard to the retention of customer statements. I appreciate that other organisations and agencies such as the Inland Revenue may have requirements which means that certain personal information must be kept for a period of six years or longer. However, it is not a legal requirement under the Data Protection Act or any other legislation that all organisations and agencies must retain personal information, such as statements, for a period of six years.

 

Under the Data Protection Act GE Money is required to keep personal data for no longer than is necessary. As we have also informed you, GE Money must comply with anti-money laundering legislation, which provides that GE Money must retain records of customer transactions for five years from the date of transaction. We believe that by holding statement and payment information for five years from the date of the transaction, we are complying with our obligations under both the Data Protection Act and the current anti-money laundering legislation.

 

I trust this clarifies our position. Should you require any further assistance, please do not hesitate to contact us.

 

Yours sincerely

 

Richard Wynn-Davies

Head of Customer Support'

 

So ... after Christams i'll forward the letter to the Information Commissioners Office and write to GE Money explaining exactly what I am looking for (eg charges and interest returned) so here's hoping their 'we will be happy to assist' happens.

 

I'll keep you posted ...

Thank you :-)

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  • 4 weeks later...

Hi guys

 

Now the festive period is well and truly over and i'm now coming to the tail end of this nasty flu bug that's hit lots of people -- I thought now was a perfect time to get cracking with GE (amongst others).

 

Still no word from the ICO -- should I wait for them to get back to me, re missing statements and data going back only 5 years, or crack on with the prelim request for payment?

 

Happy New Year

 

Suzi :wink:

Thank you :-)

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Hi Suzy - Happy New Year & hope you feel fully fit soon!

 

My advice would be to crack on with your claims - if my letter from the ICO is anything to go by it will just state that yes, they believe there has been a breach but, it will be up to you to take it to court if you want to force them into providing the statements.

 

If you believe that you have charges which will be covered by the missing statements, you will have to estimate these I am afraid. The letter from the ICO and the previous correspondence from GE will be useful in this respect insofar as they will prove that you had no option but to do this.

 

If you decide to go for contractual interest for your Debenhams claim -the rate from 2000 was 29.9% if that is any help.

 

Give me a shout if you need anything else & good luck

 

Sarah

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Hi Suzy,

I've only just realised (thanks to looking round this website) that I can claim my charges back from my store cards!!!! FANTASTIC!!! I'm already in the final stages of claiming for my HSBC charges but did not realise I could claim for anything else!!! Can you tell me what do I need to do first please?

 

Thanks :)

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