Please Post How Far Back You Have Managed To Obtain Statements

[jshtr3]

Know this is mainly banks but capital1 sent me statements to Nov 99 this morning

[zooney]

HSBC replied to my SAR - used the one in the library (a month or so back) which did not quote any timescales, simply requested "a complete list of transactions and charges relating to my banking history with your organisation". Their reply stated, "We note that you did not request copy statements, however, this is the only format in which the bank holds the information you require." About a week ago I received copy statements going back 6 years. Oh, and they returned my £10 fee - they were 'happy' to cover any fees.

 

Now I don't know what to do! My SAR requested everything they had and they have provided me with the aforementioned written confirmation that this 'everything' constitutes only copy statements, of which they have sent the last 6 years. The letter doesn't actually state that HSBCs copy statements record/archive only goes back 6 years but it infers exactly that. If I am to challenge them regarding pre 2001 charges (I went through a tough time 1997 to 2000 and I know they [edit] me blind back then) how am I to go about this?

Can anyone offer any advice.

 

Cheers.

[Micky the Hippo]

there's a whizzy version of the SAR, posted somewhere by bong I think, perhaps on this very thread that is a bit more insistent and pokey, it asks for a signed affidavit from the data officer (or something) that they hold no records of any type for you beyond six years

 

in the meantime you can proceed to claim with six years while you continue to try and get more statements out of them, it won't be your fault if you have to make a second claim later

 

there's no certainty of ever getting statements older than six years, it's tricky

[oneofakind]

I sent this to Barclays last week:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Accounts: xxxxxxx and xxxxxxxx.

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated XX/xx/XX. I believe the disclosure of personal data to be incomplete in that you have not supplied information covering the period from the opening of the accounts to January 2001.

My Request clearly asked for documents relating to 'my banking history with your organisation', not just the last 6 year period.

 

Accordingly, I must tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I must insist that you supply the information I have requested, or supply me with a valid reason why you cannot do so. If you claim to hold no data older than 6 years, would you please supply signed proof to that effect, from your Data Controller.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days of receipt of this letter, I shall be forced to apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

Oneofakind.

-----------------------------------------------

 

This was after the 40 days, obviously. Just amend where necessary if you want to use this. If you can find the letter written by Bong (I haven't seen it) and you think that's better, I won't be offended !!

 

As Micky says though, getting this older information may not be as easy. I haven't received anything yet.

 

Best of luck :D

 

David.

[sn00psmum]

Me neither

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/76493-sn00psmum-dad-bos-closed.html

 

I am going to check out the earlier link to the BBA and if no joy there, write back to them with something along the same lines as Bong or oneofakind re confirmation of destruction of my data, although i'm convinced they still have it and are just being awkward!

 

Here's the BBA link:

BBA - British Bankers' Association - Dormant accounts

 

Great work here, guys!

SM:p

[Guest bong]

Thanks jshtr3, updated summary below

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Capital One - (per jshtr3) - 1999

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

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

HBOS:

Bank of Scotland - 10 years

Halifax - 1991 - 16 years

HSBC -

Lloyds TSB - 1997 - (date of account opening)

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

 

 

 

 

P.S. I think the letter hippo is referring to is in post #2 of this thread.

[lizvp]

having won against hsbc, even the 3 months worth of charges they claimed statute barred, im ready to start again. im sending a SAR asking for everything prior to sept 2000, or if not, a certificate of destruction signed by their data controller. we do have some statements but missing about 3 yrs worth (ironically the time of the most charges!).

 

i just wondered if anyone had received a certificate of destruction or similar?

 

heres the SAR im going to use, cobbled together from the great minds on this forum...to you my thanks.

 

Dear Sir or Madam,

 

Ref account no. xx-xx-xx xxxxxxxx

 

Please supply me with a complete history of all correspondence, transactions and charges relating to myself and/or the above account prior to September 2000 and from the inception of the account, whether this be in the form of statements, fiche or other recording method. Also any data that has been archived into any archival system used by your company, including outside companies.

 

Should you advise that you do not have this information, then I require you to provide a certificate of destruction signed by your Data Controller, confirming when and how my data was destroyed and confirmation of your policy on data retention. Should a claim be made in Court I will seek an order from the Court requiring disclosure of your policy document should you fail to disclose it now.

 

I enclose the statutory maximum fee of £10 for Data Protection Act subject access request. You will be aware that you have 40 days in which to comply with my request made under s.7 Data Protection Act 1998.

 

Yours sincerely,

 

 

have i missed anything?

[Delboy01]

Still No A&L dates ??? or even GIROBANK as I believe girobank were taken over by A&L

[HALIBUNNY]

Back to opening account in 1996 with Halifax. No problems really.

[paulwlton]

Statements from 1995 RBS

[Guest bong]

thanks HALIBUNNY and Paul:)

[dar£n]

hi, Bong, havent had the pleasure to deal with you directly before, but read you thread. well impressed. I was in fact arguing with someone in the forum this morning who was adamant that claiming beyond 6yrs wouldnt work, I just HAD to quote you....

 

Anyhoo, sidetracking a bit.

Just wanted to say, I have sent an SAR to Barclays for as far back as 1993, will let you know when they reply.

 

take care

[photoman]

I sent this to Barclays last week:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Accounts: xxxxxxx and xxxxxxxx.

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated XX/xx/XX. I believe the disclosure of personal data to be incomplete in that you have not supplied information covering the period from the opening of the accounts to January 2001.

My Request clearly asked for documents relating to 'my banking history with your organisation', not just the last 6 year period.

 

Accordingly, I must tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I must insist that you supply the information I have requested, or supply me with a valid reason why you cannot do so. If you claim to hold no data older than 6 years, would you please supply signed proof to that effect, from your Data Controller.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days of receipt of this letter, I shall be forced to apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

Oneofakind.

-----------------------------------------------

 

This was after the 40 days, obviously. Just amend where necessary if you want to use this. If you can find the letter written by Bong (I haven't seen it) and you think that's better, I won't be offended !!

 

As Micky says though, getting this older information may not be as easy. I haven't received anything yet.

 

Best of luck :D

 

David.

 

Excellent LBA oneofakind

Methinks I may be borrowing some of it soon to send to LloydsTSB.

Getting the right runaround, despite two letters, and several phonecalls demanding ALL info or signed confirmed evidence of reasons, means, methods and time of destruction.

So far, just getting pathetic scraps, and no solid explantaion or confirmation otherwise.

These Data Controllers must really love their employers, as I do believe that the responsability for compliance is ultimately down to them, rather than their employers. This also means that any recourse, fines or punishment (which can include prison) falls upon them !!

 

 

Does anyone have any suggestions as to how to word a POC for court once the LBA has expired ??

[photoman]

A little nice PS to add to an LBA !!

 

P.S. I would like to draw your attention to a recent case on 21/11/06.

In this circumstance an action resulted in the granting of a County Court order in respect of a failure by the Royal Bank of Scotland to comply with a disclosure request under the Data Protection Act

.

District Judge Forrester, making the order commented that had the Claimant been able to supply him with the name of the Data Controller that he would have added a threat of imprisonment for non-comliance.

..... should do the trick ?

 

..... I wonder if Caroline Sparks the Data Controller for lloyds has ever seen the inside of the ladies showers at Holloway prison ??

[TANZARELLI]

I banged that in one of my letters to Barclays.

[onevodka]

I have received statements from 1988 from Halifax after much

'discussion'

(with 7 years missing?!)

[Guest bong]

which 7 years were missing onevodka? not 1988 to 1995 I hope!

[onevodka]

Jan 1991 to Oct 1998 it seems...

[Guest bong]

ok thanks for the info.

 

updated summary

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Capital One - (per jshtr3) - 1999

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

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

HBOS:

Bank of Scotland - 10 years

Halifax - (per onevodka) 1988 - 19 years

HSBC -

Lloyds TSB - 1997 - (date of account opening)

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

[Delboy01]

Come on A&L LOL

[julielouise]

Spoke to the lovely "Michelle" in the Customer Complaints dept at Abbey. They have no record of any transaction prior to 6 years. Apparently. Asked her "how so"? She said (after speaking to her colleague) under DPA all info older than 6 yrs must be destroyed. Asked for this in writing. She said "erm". So, according to the lovely Michelle and her colleague Abbey hold nothing past 6 years (even on fiche!!!!)

[noomill060]

The compound interest on a charge from 1988 will be astronomical, do you have any?

 

I've worked out that a £5 charge from 1986 at 19% compounded is now worth at least £300!

 

(Add as much again, less a fiver if you want to claim s.69 interest at the same rate!)

[noomill060]

The lovely Michelle at Abbey has been told to tell porkies!

[oneofakind]

Julielouise,

 

There is NO requirement under the DPA that data over 6 years old be destroyed.

 

See my post no.34 up there somewhere ^.

 

If they tell you that is the case, then it's either downright ignorance or outright lies.

 

I will leave it to you to make up your mind.....

 

 

[bobandsuzzi]

Spoke to the lovely "Michelle" in the Customer Complaints dept at Abbey. They have no record of any transaction prior to 6 years. Apparently. Asked her "how so"? She said (after speaking to her colleague) under DPA all info older than 6 yrs must be destroyed. Asked for this in writing. She said "erm". So, according to the lovely Michelle and her colleague Abbey hold nothing past 6 years (even on fiche!!!!)

 

see post 1 on this thread

Abbey--1926