Marks and spencer allianz purged records

FLOd

I had an M&S credit/chargecard (and my husband had a card on the same account). It had PPI I know for sure but unfortunately I didn't keep a copy of a statement which could have proved it. I submitted a claim and this was rejected and with the rejection being upheld by the ombudsman for the following reason:
Allianz retained no records of the account due to the time elapsing and were therefore unable to determine whether a PPI policy was attached to the credit cards.

They could quote me the card numbers but conveniently they had purged their PPI records.

It has been bugging me as I think this is an easy reason not to pay and wondered if this has been a prevalent reason used by a number of credit card providers and if there is any recourse in this situation please?

[Deleted User]

No.

Unlike you, they were obliged to destroy records under data protection.

You're under no such obligation, so are free to supply your own evidence to support your complaint.

SonOf

It has been bugging me as I think this is an easy reason not to pay and wondered if this has been a prevalent reason used by a number of credit card providers and if there is any recourse in this situation please?

Data protection act 1994 (and subsequent amendments/acts) requires the destruction of data when it is no longer required. The FCA recommend different destruction points but 6 years after the event is the most common. Some firms will keep data longer for existing customers but speed up destruction once the business relationship ends.

There is no recourse because firms have to follow the law.

FLOd

Thanks all

sun73

FLOd wrote: »

I had an M&S credit/chargecard (and my husband had a card on the same account). It had PPI I know for sure but unfortunately I didn't keep a copy of a statement which could have proved it. I submitted a claim and this was rejected and with the rejection being upheld by the ombudsman for the following reason:
Allianz retained no records of the account due to the time elapsing and were therefore unable to determine whether a PPI policy was attached to the credit cards.

They could quote me the card numbers but conveniently they had purged their PPI records.

It has been bugging me as I think this is an easy reason not to pay and wondered if this has been a prevalent reason used by a number of credit card providers and if there is any recourse in this situation please?

When I read your post I couldn’t believe M&S were still using purged records as an excuse to reject a complaint, unless they didn’t have the M&S account number.

There’s not much the FOS can do if the lender says no available data.

If they have the number they can locate transactions back to 2000 and credit agreements even earlier. Did you send a SAR?