Lost Document?

Capricorn01

Hi

I have a problem with HFC.
I put in a claim for the return of my PPI and was informed HFC had lost my document, quoted me the old yarn "we've already be fined" and basically said, nothing we can do about it!

Is it not against the prevention of fraud act to destroy data before 6 years?
Can I still fight this if they lost my document, given it is their fault, not mine.

zppp

Capricorn01 wrote: »

Hi

I have a problem with HFC.
I put in a claim for the return of my PPI and was informed HFC had lost my document, quoted me the old yarn "we've already be fined" and basically said, nothing we can do about it!

Is it not against the prevention of fraud act to destroy data before 6 years?
Can I still fight this if they lost my document, given it is their fault, not mine.

Under the Data Protection Act, they only need to hold it for as long as is necessary or them to hold it. So in short, they are not obliged to keep them.

However, they may still have other computerised records. I would say complain, and give them as much information as possbile about what you know about the agreeement. Even a slither of information may give a clue.

In the event of you not having any information, or HFC having information, I don't believe you will be able to lodge a claim though.

dunstonh

Is it not against the prevention of fraud act to destroy data before 6 years?

What act are you referring to?

Companies can destroy data when they like. The old 6 year rule was designed to be a maximum that a company could hold onto data for where there was no requirement to keep it. Not a minimum.

Some companies seem to be destroying data very quickly nowadays. Possibly as they know that if they dont have the data and you dont have the data then they wont have to pay out. They only have to pay out in cases where you keep the data.

Capricorn01

Hi and thanks

I gave them the date I had the loan, when it ended and the monthly amount I was paying.

Surely they can calculate from that info, how much the loan was, then I could work out how much ppi I am due, for myself.

The only thing I don't know is, how much my loan was for, at that time.:(

magpiecottage

Capricorn01 wrote: »

Hi and thanks

I gave them the date I had the loan, when it ended and the monthly amount I was paying.

Surely they can calculate from that info, how much the loan was, then I could work out how much ppi I am due, for myself.

The only thing I don't know is, how much my loan was for, at that time.:(

I do not think your case is persuasive. You know how much you were paying but as you do not know how much you borrowed, or the interest rate, it is difficult to see how you can know what amount of your loan, if anything, was a PPI premium.

If the lender no longer has records - and it would not be obliged to - it is difficult to see how you would be able to show there was any case to answer.

Capricorn01

Well, considering I have the monthly payment amount and the account number, also that the loan ran full term as I have my bank statements to prove that, they should be able to work out based on that information how much the loan would have been.

All they have to do is go back to 2004 and work it out that way how much the loan would have been.

I know everything else except the amount. There was PPI attached to it, as they said we could not have the loan without it. Exactly the same as the loan we had before it.

magpiecottage

Capricorn01 wrote: »

All they have to do is go back to 2004 and work it out that way how much the loan would have been.

Using the information held under the Prevention of Fraud Act. I cannot find that Act via Google - and most UK Primary Legislation will be found somewhere on the Web by it so I think the evidence indicates that it doesn't exist.

Even if it does, you say they are required to hold data for six years and 2004 ended six years and five months ago.

As the Data Protection Act, which most definitely does exist, requires all Data Controllers to hold personal data no longer than it is needed, it would seem to follow that the information you seek would have needed to be destroyed by now.

marshallka

I think that this is another ploy/deception by the banks here. I cannot see how one minute they hold the data going back to the 90's for most and then suddenly when it suits they only hold 6 years worth IF they feel it necessary.

All a little bit "fixed" if you ask me. No-one will ever regain trust in the banks, government regulators at this rate. They are just bending/using the law when they KNOW that they have been misleading and misrepresenting/neglecting and deceiving consumers for years, something which should never have happened as whatever the rules of the FSA, a bank should always put a consumer first. Its all a little FIXED, this FSA looking like saints business, the banks fighting back and then suddenly stopping the fight etc. Timings of events...... Are they all working together alongside each other for some reason which has yet to surface!!!

Capricorn01

Yes, that is what my next question was to be.

They have records dating back to the 1990's and cannot find mine from 2004.
I applied to have this PPI back in June 2010 and was told my document was missing. Under the law a company is duty bound to retain data for 6 years. This is a bank we are talking about, it's not like they don't have room big enough for their archives.

When I first tried to claim my PPI back, it was well within the 6 year time frame.

dunstonh

There is no doubt that the banks are using the data protection act to their advantage. However, you can't blame them. You would in their shoes.

They will hold some documents longer (some are required to be). However, the DPA gives them a great get out clause.

Under the law a company is duty bound to retain data for 6 years.

Please state which law you believe requires this as I (and others) are not aware of any such law.

Capricorn01

Anyway, that said, think I will take my complaint to the county court for “non-compliance” of data. The courts can force the “disclosure”.

HFC have the date the loan was taken out, the date the loan ended, the amount I paid each month... They should be able to work out how much the loan was for.

This is a bank who should keep records/data of all their dealings.
What happens when these banks are audited and they say...ooops, sorry, can't find the necessary data... Oh well, thats OK then.

If an ordinary business said that, they would be hauled over the coals I'm sure, but its OK for them, cos they are the banks!!!
Rules for them, rules for another!