mbna say they have no records.....

emaitch

made 4 different ppi claims - mbna have replied that they 'no longer hold any transactional data' for my 2 accounts
I long ago shredded all my statements as I had no idea I would ever need them again.
surely the obligation is on THEM??
anyone have advice??

[Deleted User]

Surely not.  It's surely on YOU.

They're required to destroy records after a certain period.  You were allowed to keep yours as long as you wanted.

brettcta

Why would the obligation be on them? You’re the one who’s made an allegation of wrongdoing, it’s for you to provide your evidence if they no longer have it. 

If they have nothing and you’ve shredded it then it’s time to move on as it’s game over, thanks for playing.

emaitch

I shredded my documentation - as everyone was advised to do for security reasons - long before I knew I had been ripped off.
If they are culpable why is the onus on me?
Plus - does anyone believe for one second that big financial institutions do not actually hold those records??

[Deleted User]

Because no one has proved that they are culpable.  You can't just accuse someone of wrong-doing and tell them to prove they didn't do it.

No one ever advised me to shred all my documents.  When was this email sent out?  

Yes - I think most sensible people believe that big financial institutions do not actually hold those records.  Why would they risk the fines?  They'd have to be insane.

phillw

Deleted_User said:

Yes - I think most sensible people believe that big financial institutions do not actually hold those records.  Why would they risk the fines?  They'd have to be insane.

Are there fines? I thought there was a minimum term they had to keep records for and after that the cost of holding records and the potential that it could be used as evidence against them means they would be likely to delete it. However deleting it will also come at some cost, so you can't say either way. They may be lying about no longer having it, you can't know.

[Deleted User]

It's a breach of the DPA, which leaves you subject to very significant fines. The levels of those fines have increased dramatically in the wake of GDPR and companies have largely scrambled to be on the right side of the law, keeping only the data they need, for the purposes they collected it for.

dunstonh

surely the obligation is on THEM??

Yes it is.  An obligation to follow the laws of the land.   The data protection act  (and later GDPR) requires the destruction of data held by companies when they no longer have a need for it.   So, they are obliged to destroy unnecessary records.

However, there is no such requirement in law for you to destroy your records.   That is your choice.  I hold all my bank statements going back to 1988.  Very easy to do electronically as it takes up no space.

I shredded my documentation - as everyone was advised to do for security reasons - long before I knew I had been ripped off.

Everyone was not advised to shred documentation.     You are advised to shred documents that you no longer need.   There is a difference.   You chose to destroy yours as you thought you didnt need them any more and didnt keep an electronic copy.  A decision made by you.

If they are culpable why is the onus on me?

Who says they are culpable?     You are alleging wrongdoing but have absolutely no evidence to support your allegation.  You are suggesting that you should be believed.  The law does not work that way.  If it did, then I could allege you took £100 from my wallet and you need to repay me.    I wouldnt need evidence as the onus would be on you to prove you didnt take the £100.    

Plus - does anyone believe for one second that big financial institutions do not actually hold those records??

It is well known that statements are destroyed in accordance with the law and the financial conduct authority recommendations.  Typically between 6-10 years.  For accounts that remain open or a customer relationship continues, the records may be retained for longer periods.   However, once a customer relationship ends,  the destruction of records will take place at a faster pace and include other things, not just statements.

The_squirrell

This sort of post makes me despair! As others have said above, data has to be destroyed after a certain period of time. Simple.

Just move on

molerat

Ain't GDPR a !!!!!! when it comes back to bite you on the !!!!!!.  All those people whining about banks keeping info on them are likely the same ones whinging that the banks haven't got any info on them

Thrugelmir

Requirements for the storage of documents existed long before GDPR. If you've had to visit an Iron Mountain storage facility inside an aircraft hanger you'll appreciate how difficult and time consuming it can be to extract a single piece of paper!