Lloyds TSB and Data Protection
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jayu619
Posts: 239 Forumite
Hello!
I was just after some advice for my father. Its linked to another thread of mine, but was not sure if I was to add it on original thread or start a new one in the 'BANKING' section
(link to original thread: https://forums.moneysavingexpert.com/showthread.php?t=5796884&page=3)
In a nutshell, my father had a standing order setup in March 2011 with Lloyds, paying a local council. He'd been paying the same amount even til this day. However, for some bizarre reason, the payment reference was taken off around Aug 2016 by the bank so council could not allocate those payments to my father's SC account. As a result, he was issued a CCJ against him by council.
In regards to the bank, my father requested an SAR a few weeks back and they wrote back saying the information does not exist. We asked for all documents relating to this change in SO - signed document/letter/telephone conversation or anything of that nature. But nothing.
I was wondering, how long should the banks keep documents on file under DPA? It seems like they mishandled my father's data. And they are denying this information to ever have existed - just seems like they are trying to wash their hands off the issue.
Father contacted FoS, and they called him today to confirm the complaint. They also said, FoS tried to get the same info as his SAR request from Lloyds but they were also told, it does not exist.
It's less than 2 years since this alleged change occurred. And my father never went into change this SO which has been in place since 2011, he had no reason to. It's all very strange.
Any help would be much appreciated.
Thanks,
Jay
I was just after some advice for my father. Its linked to another thread of mine, but was not sure if I was to add it on original thread or start a new one in the 'BANKING' section
(link to original thread: https://forums.moneysavingexpert.com/showthread.php?t=5796884&page=3)
In a nutshell, my father had a standing order setup in March 2011 with Lloyds, paying a local council. He'd been paying the same amount even til this day. However, for some bizarre reason, the payment reference was taken off around Aug 2016 by the bank so council could not allocate those payments to my father's SC account. As a result, he was issued a CCJ against him by council.
In regards to the bank, my father requested an SAR a few weeks back and they wrote back saying the information does not exist. We asked for all documents relating to this change in SO - signed document/letter/telephone conversation or anything of that nature. But nothing.
I was wondering, how long should the banks keep documents on file under DPA? It seems like they mishandled my father's data. And they are denying this information to ever have existed - just seems like they are trying to wash their hands off the issue.
Father contacted FoS, and they called him today to confirm the complaint. They also said, FoS tried to get the same info as his SAR request from Lloyds but they were also told, it does not exist.
It's less than 2 years since this alleged change occurred. And my father never went into change this SO which has been in place since 2011, he had no reason to. It's all very strange.
Any help would be much appreciated.
Thanks,
Jay
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Comments
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Deleted_User wrote: »Only for as long as it is required.
It therefore varies by data type.
Thank you.
Is there any way of getting this info in regards to standing orders and how long they ought to keep on file?
Jay0 -
It will be within Lloyds data retention policy - but they are unlikely to share this with you.
Ultimately, if they don't have it, they don't have it.0 -
Surely it's nearly seven years? And why 'alleged', is there doubt about whether it actually was changed?the payment reference was taken off around Aug 2011 by the bank so council could not allocate those payments to my father's CTAX account. As a result, he was issued a CCJ against him by council.
[...]
It's less than 2 years since this alleged change occurred.0 -
Surely the reference is a secondary issue?
If the council received (and retained) all payments it was due then the issue can be resolved fairly swiftly - they simply have to allocate and apply the payments on the day received in their bank account.0 -
Hey Guys!
Well the issue is the fact that why did Lloyds change our SO details without any express consent to do so? My father never went in to change an SO that has been in place since 2011 - he never has any reason to do so.
Why the council never allocated these payments is a separate issue which is being dealt with the council directly.
I hope that makes sense.
Thanks
Jay0 -
I'm failing to see where 2 years comes into it, it's quite clear that the change occurred in August 2011 which is almost 7 years ago. If the data doesn't exist then Lloyds can't supply it, it's as simple as that. Whether they should have retained it or not is something that the FOS will have to decide.0
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So did the money stay in council coffers or was it returned to dad's account?
Very rare for anybody to change a standing order for a reference (unless through some council reoorganisation they had asked him to do so and it was deleted in error) - cancel in error - yes or even carry on paying after a customer asked for it to be stopped - yes - but change a reference - no IMO.
Has the standing order always been for the same amount or has it been varied over the years?
What does it cover?0 -
It makes no sense that a CCJ would be issued in the circumstances you describe. Surely once a payment is 'missed', you sort it with the council and the bank as the payment was actually made.
You aren't telling all the facts here.0 -
From your previous post- link in post1-
Your father paid by standing order to X bank account for the council from 2011.
In August 2016 the council changed the council name and number to Y. The council stated that a new standing order form was sent to your father in August 2016 for this change. I t appears this form did not have your father's reference on it and he didn't put it on, so the payment could not be allocated to his council tax account.
You suggested that your father may have signed the new form without adding the reference number but couldn't remember doing so.
That post states he had arrears from August 2016 to December 2016.
Now you are saying the standing order reference was omitted from 2011.
Can you clarify what the correct scenario is?
If the council changed the account for the payment to go to a new standing order would be required. the payments may have gone in an unallocated account waiting to be claimed.
What account are payments being made to now?
What happened after December 2016 as you state the arrears were only to December 2016?
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