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Company saying they've destroyed my records.

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Hi everyone
I put a claim in  on 3 vehicles (different years of purchase) from Vauxhall Finance (now Stellantis) using the free template on this site.
They eventually replied last week by totally ignoring 2 of the vehicle agreements which I'm going to chase them on.
One of the vehicles I purchased in 2013. They say my records have been destroyed as they no longer had a business use or reason to keep it so don't know if commission was charged. They did however have the agreement number and registration number of the vehicle though I had been unable to find it myself, I couldn't remember the reg number and did not put it on the form. They quoted GDPR on this and also their own practise of retention although the link took me their policy on website use.
I am aware that the GDPR does not state how long records have to be kept but do say that data may be retained for longer than necessary for public interest archiving, scientific or historical research, or statistical purposes. Considering the whole PPI scandal dating back to the 2010's I would have thought the data should have been archived for Public interest/historical reasons.
I feel it's just a convenient way for the company to get out of paying anything if the finance was mis sold should the FCA decide to allow the claims.
Has anyone else experienced this or have any ideas where I can go to next if anywhere?
Thanking you in advance.

Comments

  • Ayr_Rage
    Ayr_Rage Posts: 2,716 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    They had no obligation to keep records back to 2013, why would they when the DCA issue has not been raised until recently?

    Do you have every financial record since you first had a bank account or credit?

    That one you'll have to let go and hope you have provided sufficient details for the others.


  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Hi everyone
    I put a claim in  on 3 vehicles (different years of purchase) from Vauxhall Finance (now Stellantis) using the free template on this site.
    They eventually replied last week by totally ignoring 2 of the vehicle agreements which I'm going to chase them on.
    One of the vehicles I purchased in 2013. They say my records have been destroyed as they no longer had a business use or reason to keep it so don't know if commission was charged. They did however have the agreement number and registration number of the vehicle though I had been unable to find it myself, I couldn't remember the reg number and did not put it on the form. They quoted GDPR on this and also their own practise of retention although the link took me their policy on website use.
    I am aware that the GDPR does not state how long records have to be kept but do say that data may be retained for longer than necessary for public interest archiving, scientific or historical research, or statistical purposes. Considering the whole PPI scandal dating back to the 2010's I would have thought the data should have been archived for Public interest/historical reasons.
    I feel it's just a convenient way for the company to get out of paying anything if the finance was mis sold should the FCA decide to allow the claims.
    Has anyone else experienced this or have any ideas where I can go to next if anywhere?
    Thanking you in advance.
    GDPR requires them to minimise the amount of PII data they hold. Retention beyond should predominately be on an anonymised basis.  By your logic absolutely everything should be retained indefinitely because who knows what the next scandal will be or carcinogenic substance etc etc. Many companies would prefer to keep data longer, its politicians trying to stop companies doing this that has caused them to require them to delete it unless they want to face exceptionally heavy fines. 

    The FCA are well aware there will be substantial gaps in data, something they have acknowledged. They will also have to consider what to do about where gaps in data exists. 
  • dunstonh
    dunstonh Posts: 119,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    One of the vehicles I purchased in 2013. They say my records have been destroyed as they no longer had a business use or reason to keep it so don't know if commission was charged. 
    That sounds reasonable an in line with expectation and in keeping with the law.

    I am aware that the GDPR does not state how long records have to be kept but do say that data may be retained for longer than necessary for public interest archiving, scientific or historical research, or statistical purposes. 
    None of those things you mention would apply to a credit agreement.

    Considering the whole PPI scandal dating back to the 2010's I would have thought the data should have been archived for Public interest/historical reasons.
    Actually, PPI was the early 2000s when it first came up.    However, personal data on PPI would not pass public interest  or historical research reasons.

    I feel it's just a convenient way for the company to get out of paying anything if the finance was mis sold should the FCA decide to allow the claims.

    The lender didn't create the GDPR.    You wanting them to break the law to suit you is a bit of a reach.

    Has anyone else experienced this or have any ideas where I can go to next if anywhere?
    You are not subject to the GDPR and you are free to supply them with your records which they are required to use if available.  


    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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