Lost Document?

Capricorn01

This is not my law...

This request should include any data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

If you do not hold data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

dunstonh

I am not making up my own laws, thats a rather silly remark.

What is the prevention of fraud act and how does it relate to this?

As for retaining data, banks must keep records for Inland Revenue purposes. What about microfiche format, data can be sufficiently held on them for many years, hence, there would be no good reason for getting rid of data before 6 years.

They keep their tax related records for 6 years. Not individual customer data.

If data goes missing from a bank, then it is because something was not quite right with it and as HFC purposely destroyed 1000's of their data...ask the question why?

As already said, some of the banks are using data protection act to their advantage. That states no longer than is necessary.

Unless you can find some law that says they shouldnt do it, then you have no chance. It requires a law or the FSA. The FSA have a number of areas where they say docs should not be destroyed an in higher regulated areas (like investment and pension advice) you will find that keeping docs indefinitely is the norm as the onus in those cases is on the firm to show no wrong doing. In the case of PPI reclaiming, the onus is more for you to show wrongdoing on non-advised cases.

Capricorn01

Funny, how a bank will one minute tell a customer "we have the right to hold data on you for 6 years". But when you want to claim your money back... suddenly, they dont have your data any more.

But on the other hand, should a court request it, they will find it and pretty darn quick.

Absolutely, I agree with this... "some of the banks are using data protection act to their advantage". That is precisely what I was getting at... when it suits.

marshallka

I would say to anyone then to go to the insurer for the insurance documents. Surely they have to keep those. Perhaps you can ask the insurer for a SAR? It may even include their commissions!!

Capricorn01

People have been dis-advantaged by the banks schemes to make money out of them, eg PPI and Bank charges for years (they have made billions) .

People who require loans for 'whatever reason', are made to pay through the nose with charges, fees and interest all applied to their accounts and without knowledge (the hidden extras). The long and the short of it... Is it not fair to ask a little back, now they have been found to be so dishonest and deceitful with regard to vulnerable people who could ill afford such large amounts of money be fleeced from them.

Capricorn01

Yes, thats another option marshallka, the insurance route for the insurance documents and as you say it may even include any commissions paid.:j

Capricorn01

I guess in my case then I could ask for 'underwriter sheet' I have everything else.

This would reveal amount of loan etc.

marshallka

Capricorn01 wrote: »

I guess in my case then I could ask for 'underwriter sheet' I have everything else.

This would reveal amount of loan etc.

Thats the one. Give it a go.

KIMY

I have had same problem with HFC as l had a £15k loan with missold PPI of which l paid off in 2004 and when l called with account number the Customer Service Exec gave me all account details over the phone from his screen, l then requested a SAR to be advised all records destroyed. This is now with FOS and the adjuicator rang me last week and said they where fighting this and transcript of phone call had been requested and that they would go back to 2002 and find out what APR and what PPI would have been charged by HFC and request a complaint. Be honest with no paperwork l think this will be hard as HFC have almost certainly destroyed records now. But l must say my adjuticator sound hopeful.

Capricorn01

Thanks marshallka, will do, and will let you know.:)

Good luck with yours KIMY!