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6 year limit - Has anyone gone to ICO to challenge?

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An update that probably isn't that important but I thought it necessary:

The SAR package did arrive, albeit past the time limit, but I not in their letter it makes no mention of the six year 'limit':



Rightio, letter printed and ready to go. They have used the six year excuse on six separate letters.

Three final questions:

1. Do I use the 8 Canada Square address?

2. Do I address it to any sub-section particular, ie, the SAR department?

3. Has anyone got details of the data controller so I can send them a copy too?


Thank you, all.

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No harm in checking the FCA register





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2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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February 16th I sent HSBC this to the Canada Square address via recorded delivery:

You claim that you no longer have the data I require because you are required by the data protection act to destroy it after six years.
You should understand that I'm fully aware that the data protection act contains no such provision – but if you insist that it does then please let me know the particular section of the Data Protection Act which contains the obligation.

Accordingly I reject your position that you do not have the data and I believe that you are withholding the data from me because you feel that it would be disadvantageous to you to provide it to me. It maybe that the data is within some archive service and of which you are fully aware.

If it is your position that the data has been destroyed then please will you provide a certificate of destruction from your data controller.

I should warn you that I am sending your letter of the 4 February 2019, along with your other letters stating the same ‘six year’ statement of 18 February 2013, 8 July 2013, 4 April 2012, 15 September 2010, containing your misleading information about the Data Protection Act to the information Commissioner as part of the complaint.
If you do not provide me with a certificate of destruction signed by your data controller then I will add that to the information Commissioner's complaint as well.

I would also remind you that you have a duty to treat your customers fairly and in particular to communicate with them fairly. This is a statutory duty created by the Financial Conduct Authority.

By attempting to mislead me as to your Data Protection obligations, you are already in breach of your statutory duty. It would now be helpful if you would begin to treat your responsibilities according to law in order to avoid further complaints.

I have sent a copy of this to the data controller


I sent it again on February 23rd and again on Monday (11th March). It is coming up to a month since my first letter and it would seem that they are stalling.


Thoughts, please, anyone?

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People have taken them to court for compensation for the time/effort lost in trying to get the data they want and then add on a requirement that the bank completed the request and provides the information. It's easier than going for a straight injunction to get the information I gather.

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I think they have put processes in place to make us give up chasing.

We will persist and hopefully win.

But along the way many will be too lazy or easily persuaded to give up.

But as for the call handlers and customer services, no I  don't think they know what's going on.

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Have you called them?


the key lesson is to stick to your timeline not theirs.

They don't care about your timelines and their processes will ignore them.


You've sent them the same letter I sent Barclaycard.

Time to sue.

That gets their attention and get them off the ' customer services' process.

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Excellent, thank you.

I have not rang them on this issue.


I'm just still a little surprised at the lack of response as they have been good to their word on all other complaints and communications on this issue....until now. 


Okay, I'll head over to your thread and pick up some tips on how to get started......  ;)

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