Jump to content


  • Tweets

  • Posts

    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Please Post How Far Back You Have Managed To Obtain Statements


Guest bong
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5331 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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?

Link to post
Share on other sites

  • Replies 266
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

 

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

Link to post
Share on other sites

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:

Link to post
Share on other sites

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

Link to post
Share on other sites

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.;)

Link to post
Share on other sites

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

Link to post
Share on other sites

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!

Link to post
Share on other sites

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 !

Link to post
Share on other sites

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!

Link to post
Share on other sites

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!

Link to post
Share on other sites

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

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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:)

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...