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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please Post How Far Back You Have Managed To Obtain Statements


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In July of last year I requested and received 10 years statements from HBOS

 

hiya, was your account originally with Halifax or Bank of Scotland?

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tanz, Barclays and Barclaycard are separate entities - I read it in a letter from the information commissioner.

 

Barclays trading as Barclaycard surely the same thing, I have also sent prelims to the HQ in Churchill PLace, London and it was passed onto Barclaycard, surely if they were as you say a seperate entity, they would have just binned it and Barclaycard would have claimed they never recieved it??

 

I may be wrong.

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Any news, then, about Bank of Scotland - how far back they hold statements?

 

I will call them today and let everyone know!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks Bong,

 

Surely the ICO are entitled to their opinion, but I would still beg to differ with them. Anyway no harm done, still ready to file with them both just a bit skintos at moment so will have to wait till next payday.

 

Thanks again

Tanz

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However, as advised in your earlier e-message, I confirm that, as per the Data Protection Act's terms and conditions, we are not allowed to keep customers information on our records for more than six years. Please note that this ruling applies for all banks within UK.

 

As such, please be advised that it is not our intention to destroy any of your records which are more than six years old. However, under the Data Protection Act ruling, we are obliged to action this.

 

Therefore, as advised in your earlier e-message, I regret to inform that we are unable to provide any statement copies which exceeds six years ago.

 

well this was taken from their letter which I quoted in an earlier post above. I havent had any cause to look into the Data Protection Act so far, but from what I can gather, from having read some of Glenn's posts, what HSBC has said here is "not to be relied upon", or in other words they are making it up as they go along. Otherwise most of the other banks are in breach of the DPA:rolleyes:

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As usual very carefully worded

 

However, as advised in your earlier e-message, I confirm that, as per the Data Protection Act's terms and conditions, we are not allowed to keep customers information on our records for more than six years. Please note that this ruling applies for all banks within UK. A falsehood, the DPA doesn't specify any time periods in this respect.

 

As such, please be advised that it is not our intention to destroy any of your records which are more than six years old. To comply with the DPA the retention of data musty be necessary and this would have to be allied to some policy for retention. The DPA doesn't preclude then destroying data after a few days or weeks if its not required, on the other hand it would be reasonable for them to hold data post account closure for the while account history for at least six years without question since this would or could be argued to allow them to protect themselves from claims arising out of the contracts and limited by Sec5 of the limitations Act. However, under the Data Protection Act ruling, we are obliged to action this. They are but the DPA doesn't specify any time frames, the Act expects the data controller to justify the retention periods for data.

 

Therefore, as advised in your earlier e-message, I regret to inform that we are unable to provide any statement copies which exceeds six years ago. The clincher, if you have used the template from the library you have not asked for statements, only data.

 

As usual a lot of half truths and untruths coupled with a denial of something you havent asked for.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I've had a brief look at the DPA today.

 

The FIFTH PRINCIPLE of data protection says:

"Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes"

 

However, there is no further interpretation of this in the Act itself.

 

I found a brilliant guide on the Information Commissioners site at http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/data_protection_act_legal_guidance.pdf

 

which helps. Page 39 expands upon the 'fifth principle' by saying:

 

"Unless there is some other reason for keeping them, the personal data should be deleted when the possibility of a claim arising no longer exists ie. when the relevant statutory time limit has expired. The Data Controller may wish to consider the value of records for historical purposes. The Act provides that personal data processed only for historical, statistical or research purposes in compliance with the conditions set out in Sec.33, may be kept indefinitely.

IMHO, wouldn't a BANK be the most likely people to want as much information as possible for statistical purposes?

 

Barclays are on the Data Protection Register for 17 purposes.

 

Including:

Purpose 2: Accounts and Records.

Purpose 5: Management of Customer Records (INCLUDING INVESTMENT MANAGEMENT)

Purpose 8: Debt Management and Factoring.

Purpose 12: Provision of Financial Services and Advice.

Purpose 13: Research.

 

So, as I read it, there is certainly NO six-year limitation built in to the DPA, and the Banks can pretty much keep the information as long as they want, provided they have a reason like the above.

 

Hope this is helpful to someone.

 

D.;)

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Hey Bong,

thought I would post here so you can update the date for Halifax. I received all my statements for my whole banking history with them and I opened my account in 1991 with them. I had no trouble receiving them.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thanks redsonja.

 

An updated summary

 

Just a summary of what we have in this thread so far -

 

 

Abbey - 1926 -80 odd years!

 

A&L -

 

Barclays - 12 years

 

Barclaycard -

 

Co-op -

 

Co-op credit card (per Glenn's thread) - 1997 - 10 years

 

Halifax - 1991 - 16 years

 

HSBC -

 

Lloyds TSB -

 

NatWest - 1992 - 15 years

 

Nationwide -

 

RBS - 15 years

 

Yorkshire - 7 years (possibly 10)

 

 

 

 

still a few gaps to fill!

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Somebody just posted this on another thread. Any thoughts?

 

How long do banks have to keep details for? | Ask the experts | Guardian Unlimited Money

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I spoke to First Direct this morning. They called me regarding my SAR for all information. They told me on the phone that their systems automatically destroy data 6 years old. So stuff available today will be gone tomorrow. I told her I believed they had statements back further on micro she said no they did not. I told her to put it in writing that they had been destroyed!

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HSBC hold data going back at least 1997... they have a lot on microfiche.

Watching with great interest.

 

I know I've PM'd you about this Crusher but I'm wondering what others might think about this - HSBC solicitor's sworn witness statement for my hearing stated that they don't hold the data going back further than 2001! :eek: :eek:

 

Looking forward to finding out what evidence you've got there Crush!

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I didnt include that one Tanz because that was in 2006 wasn't it? so only 6 years?

 

Hi Bong yes but the point is that statement previous to this they are saying they have destroyed, so if other people are getting theirs back I want to know why they have destroyed mine, if you see what I mean. They should have a policy and should treat all requests under that policy if not then they are being naughty.

 

Tanz

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ok Tanz, but from what I have seen they are taking this line with everyone, so far, so there really isn't anything I can use here to update the summary of pre-6-yr statements, yet. we can remain hopeful that this will change!

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I know I've PM'd you about this Crusher but I'm wondering what others might think about this - HSBC solicitor's sworn witness statement for my hearing stated that they don't hold the data going back further than 2001! :eek: :eek:

 

Looking forward to finding out what evidence you've got there Crush!

 

just to update on the progress of this one, a user was told on the telephone a couple of days ago by someone at HSBC that his statement info back to 1997 was stored on microfiche but that he wasn't entitled to have it because it isnt a relevant filing system according to the DPA. This user has taken this up with the ICO and we are awaiting an update on it.

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just to update on the progress of this one, a user was told on the telephone a couple of days ago by someone at HSBC that his statement info back to 1997 was stored on microfiche but that he wasn't entitled to have it because it isnt a relevant filing system according to the DPA. This user has taken this up with the ICO and we are awaiting an update on it.

 

 

Hi i had a letter today from the ICO saying my complaint against HSBC only providing 6 years worth of statements had been closed because

 

" I am aware thet HSBC operate a strict six year retention policy and so it is my view that they have complied with you subject access request already."

 

Gutted, looks like the ICO is siding with the banks on this one

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Hi i had a letter today from the ICO saying my complaint against HSBC only providing 6 years worth of statements had been closed because

 

" I am aware thet HSBC operate a strict six year retention policy and so it is my view that they have complied with you subject access request already."

 

Gutted, looks like the ICO is siding with the banks on this one

 

dont give up just yet luke, we have an ex-employee who thinks records go back for atleast 10 years and is checking it out with his old colleagues, and now a phone call in which a member of staff confirmed that the info is held on microfiche. so all may not be lost:)

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dont give up just yet luke, we have an ex-employee who thinks records go back for atleast 10 years and is checking it out with his old colleagues, and now a phone call in which a member of staff confirmed that the info is held on microfiche. so all may not be lost:)

 

 

Hopefully your right Bong, i guess the only other option is to estimate the charges from the six years worth of statements already recieved, however this seems abit dodgy to me.

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