On behalf of late husband

jack_tyler

Hello, I am contacting numerous finance providers with regards to Discretionary Commission, on behalf of my late husband. 3 finance providers, Black Horse, Moto Novo & Close Brothers, have been helpful and advised that I complete the form on their website.  I have also contacted Evans Halshaw to find out the details of their finance company. I was asked what it was in regards to, explained how I was making a complaint on behalf of my late husband for discretionary commission and the gentleman asked when did my husband take the finance out. I said it was within the timescale allowed after 2007 but before 2021, and he said anything further back than 7 yrs they would not have details of. I said ok thats fine, but please could you provide me with the phone number for your finance company so I can contact them myself. Again he said if it went back further than 2018 they would not have any finance details and no complaint could be submitted, because after 7 yrs everything is destroyed due to GDPR. Is this right? and has anyone else experienced this with Evans Halshaw? It just seems a bit strange to me, thank you 

Hoenir

jack_tyler said:

It just seems a bit strange to me, thank you 

Nothing strange in not retaining records where there's no legal requirement to do so. 7 years being 1 year greater than is actually required under law. 

jack_tyler

Hoenir said:

jack_tyler said:

It just seems a bit strange to me, thank you 

Nothing strange in not retaining records where there's no legal requirement to do so. 7 years being 1 year greater than is actually required under law. 

Ok, I understand that but according to Google, GDPR only came into effect in 2018 so shouldn't they still have any documents prior to this. If not, then going off what you have said, it would seem to be a lost cause with Evans Halshaw

retiredbanker1

jack_tyler said:

Hoenir said:

jack_tyler said:

It just seems a bit strange to me, thank you 

Nothing strange in not retaining records where there's no legal requirement to do so. 7 years being 1 year greater than is actually required under law. 

Ok, I understand that but according to Google, GDPR only came into effect in 2018 so shouldn't they still have any documents prior to this. If not, then going off what you have said, it would seem to be a lost cause with Evans Halshaw

No legally they could shred documents to 2012 from 2018 and therefore 7 years on - now they only have to keep records since 2019.

dunstonh

Ok, I understand that but according to Google, GDPR only came into effect in 2018 so shouldn't they still have any documents prior to this.

The first data protection act was 1984.   This was later replaced by the data protection act 1998 which in turn was replaced with the data protection act 2018.    

Each one also looks backwards, and not just from that date forward.  i.e. if you had a record that was unnecessary from 2005 but allowed under the 1998 act but not under the 2018 act, you would need to remove it in 2018.

Hoenir

jack_tyler said:

Hoenir said:

jack_tyler said:

It just seems a bit strange to me, thank you 

Nothing strange in not retaining records where there's no legal requirement to do so. 7 years being 1 year greater than is actually required under law. 

Ok, I understand that but according to Google, GDPR only came into effect in 2018 so shouldn't they still have any documents prior to this. If not, then going off what you have said, it would seem to be a lost cause with Evans Halshaw

The Limitation Act of 1980 which places a six year time constraint for bringing legal actions related to contracts. Payroll records etc fall under the Taxes Management Act 1970 - 6 years. Accounting records the Companies Act 2006 - between 3 and 6 years. Employment records fall under  a range of Acts - therefore generally guided as 6 years to cover all eventualities. 

The world of business has existed for a long time before 2018.......