PPI and Court

[WendyB]

Re: PPI and Court

But the point is, how long are they required to keep it for? If that time has passed, then surely they could say they hadn't got it even if they had and nothing could be done about it.

[pompeyfaith]

Re: PPI and Court

Ok I am going to forward a last chance letter to the bank giving then a further 2 weeks to comply.

I will also forward a letter to the FOS stating that they have not complied with my lawful request so as such I need a further extension to the 15th December you quoted.

If I still do not get a response I will do as angry cat said and ask the ICO to re-open my last complaint given the time restraints I am under.

How does that sound to you all.

More than Fair I think.

[WendyB]

Re: PPI and Court

Sounds like a plan
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but what's the possibility of the ICO re-opening your previous complaint AND getting it sorted by the 15th December??

[pompeyfaith]

Re: PPI and Court

But the point is, how long are they required to keep it for? If that time has passed, then surely they could say they hadn't got it even if they had and nothing could be done about it.

Wendy I do not doubt what you are saying, but it does not make it right if they are withholding data that surely must be a breach of data protection.

And if it is not they are still lying though there teeth. which surely is wrong.

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Thats why I sk the FOS for an extension given that they have not complied which is there doing not mine
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In the meantime while I am waiting I will dig out the last letter from the ICO for a ref number to quote.

[marshallka]

Re: PPI and Court

Wendy I do not doubt what you are saying, but it does not make it right if they are withholding data that surely must be a breach of data protection.

And if it is not they are still lying though there teeth. which surely is wrong.
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Thats why I sk the FOS for an extension given that they have not complied which is there doing not mine
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In the meantime while I am waiting I will dig out the last letter from the ICO for a ref number to quote.

So what part of the act does it state the length of time that they have to hold records and give them to you as per a SAR? What is your law and argument here PF cause i would like to know? Lying or not how do you prove it?

[Angry Cat]

Re: PPI and Court

Isn't it 5 years for money laundering or is it longer?

Six years, after the account has been closed.

Also, we all know that the banks keep ledgers going back years for HMRCS and other purposes.

[WendyB]

Re: PPI and Court

Wendy I do not doubt what you are saying, but it does not make it right if they are withholding data that surely must be a breach of data protection.

And if it is not they are still lying though there teeth. which surely is wrong.

But if they are not required to keep it for this long, then how are they breaching data protection by not keeping it/supplying it?

And as Marshy says, what point of law are you relying on if you take them to Court and how can you prove they have it if they say they haven't, especailly if it's over the time limit whih they are supposed to keep them for (whatever that is, as no-one has told me yet)

[Angry Cat]

Re: PPI and Court

Ok I am going to forward a last chance letter to the bank giving then a further 2 weeks to comply.

I will also forward a letter to the FOS stating that they have not complied with my lawful request so as such I need a further extension to the 15th December you quoted.

If I still do not get a response I will do as angry cat said and ask the ICO to re-open my last complaint given the time restraints I am under.

How does that sound to you all.

More than Fair I think.

Absolutely agree, get the ICO regulatory action division involved!

[WendyB]

Re: PPI and Court

Absolutely agree, get the ICO regulatory action division involved!

Will they be able to get it done and dusted by 15th December?

[pompeyfaith]

Re: PPI and Court

Ok folks this is the letter I have quickly drafted which I will send via SD tomorrow morning:

The Co-operative Bank plc
Customer Feedback
Miller Street
Manchester
M60 0AL

18th November 2010

For the attention of Marc Davis

Re: Subject Access Request on Loan Account Numbers

Dear Marc,
I sent you a lawful request on the 4th October 2010 for information under the DPA 1998 this was sent via Royal Mail SD and signed for by the bank on the 5th October 2010.
As you did not comply by the 5th November 2010 I sent a letter to Mark Slater informing him that you have not complied and that you time as given in the DPA 1998 was fast running out.
Not only have you not complied you have not even presented the fee chq for payment, in a letter to me from Richard Slater at the Financial Ombudsman Service dated the 14th October I was assured that my request to you was being dealt with and I quote “I am also aware that Marc Davis at the Co-op is dealing with your Subject Access Request THIS WEEK, so you will be in possession of ALL THE DOCUMENTATION YOU REQUIRE VERY SHORTLY”
Clearly that statement is not the case in fact I have not even had a letter from you confirming that my request is in fact being dealt with.
As you are very aware you time has run out and in effect you have breached the DPA 1998.
To show that I am a fair person I will give you a further 2 weeks to comply with my request but I must stress if the information requested is not forthcoming by the 1st of December 2010 I reserve the right to make a complaint to the Information Commissioners Office.
Richard Slater at the Financial Ombudsman Service gave me a date of the 15th December 2010 to give me time to inspect the information and give him a reply as to whether I accept you latest offer or not.
Given that you have not complied with my request on time I will be writing to him requesting an extension to the date of the 15th December 2010.
I hope you will now reflect on the seriousness of your action and deal with my request as a matter of urgency and within the further timescale I have politely given you.

Yours Sincerely

[pompeyfaith]

Re: PPI and Court

I can be no fairer than I have above, will now draft a letter to the FOS

[Angry Cat]

Re: PPI and Court

But if they are not required to keep it for this long, then how are they breaching data protection by not keeping it/supplying it?

And as Marshy says, what point of law are you relying on if you take them to Court and how can you prove they have it if they say they haven't, especailly if it's over the time limit whih they are supposed to keep them for (whatever that is, as no-one has told me yet)

The Data Protection Act, requires the data controller to retain data for six years.

The Money Laundering Regs: six years after closure of the account.

HMRC: any sensible firm would retain account information/ledgers indeffinately...

Again, I agree with WenbyB in part:
"what point of law are you relying on"

However, how red faced they would be if, they have not complied with the 'Money Laundering' requirements!

My apologies for bringing in all these technicalities into the thread. But, Banks do infuriate the reasonably intelligent general consumer with their prevarications.

[WendyB]

Re: PPI and Court

The Data Protection Act, requires the data controller to retain data for six years.
Well the agreement was taken out over 6 years ago so they have no requirement to still be in possession then, do they.


The Money Laundering Regs: six years after closure of the account.
Would this mean closure of the actual bank account or the loan account? In effect would the settlement of the loan count as closure of the account, in which case again they are compliant if they no longer have it (or say they don't)


However, how red faced they would be if, they have not complied with the 'Money Laundering' requirements!

My apologies for bringing in all these technicalities into the thread. But, Banks do infuriate the reasonably intelligent general consumer with their prevarications.

Yes they do AC you're right, but the technicalities need to be brought in as they will have direct bearing on the situation, so no need to apologise for it. If the banks have complied with their obligation then whether we like it or not there's nothing we can do about it, unfortunately.

[pompeyfaith]

Re: PPI and Court

My apologies for bringing in all these technicalities into the thread. But, Banks do infuriate the reasonably intelligent general consumer with their prevarications.

No problem as it is these technicalities I need to get clear in my head.

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The Money Laundering Regs: six years after closure of the account.
Would this mean closure of the actual bank account or the loan account? In effect would the settlement of the loan count as closure of the account, in which case again they are compliant if they no longer have it (or say they don't)

Both my current account and loan account has been closed by the bank, furthermore they have sent no less than 3 default notices and demands for payment of the current loan which I aint gona do as that is my security and indeed the money i owe them can come of of the redress.

[WendyB]

Re: PPI and Court

and when was this? Mainly, when was Loan Account 1 deemed closed? as this is the one in question. Thing is PF, it's all very well saying the money you owe them can come off the redress, but what if you don't end up with any redress if it all goes tits up?