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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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intending to set up a joint account with my daughter, i had

Resolved Question:

intending to set up a joint account with my daughter, i had to provide ID and bank details and financial information. all forms were signed except a mandate that had required joint signatures, and which was forwarded to me by post. Christmas post ensured that the form was delayed.
In the interim, my daughter decided not to proceed, and so no joint account was set up.
The bank now holds copies of all my personal details, and I am not a customer. Is it under the same Duty of Care regarding my details, as it would be with it's own customer details?
can I legally demand and expect to receive all copies of my information, together with original forms bearing my signature, of which they obviously have no further need?
The Data Protection Act would seem to imply that such documentation should be returned to me within 21 days of my request. is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Was the account ever opened please?

Customer:

no

Alex Watts :

Ok, but you sent in an application?

Alex Watts :

Under the Money Laundering Regulations they clearly need to retain a copy of documents when you apply account

Alex Watts :

Under the Data Protection Act they are entitled to retain copies of these documents reasonable time, usually 6 years

Alex Watts :

However you are entitled to have the originals back if you have sent them

Customer:

no, we both attended , where i had to produce documents and sign others. the mandate was forgotten and sent subsequently. it was never signed

Alex Watts :

But if they have copies, you can not demand that these are destroyed.

Alex Watts :

They are required to retain them under Money Laundering Regulations and also have to keep them to 6 years under the Data Protection Act

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

However you can try the Information Commissioner. They are a free, independent service and can investigate any complaint you have. They are located at: www.ico.gov.uk

Alex Watts :

Can I clarify anything about this today please?

Customer:

did you get my last post?

Alex Watts :

You produced documents at interview,

Alex Watts :

Yes but they still have a duty to retain

Alex Watts :

Money Laundering Regulations and the Data Protection Act require retention of documents

Alex Watts :

I am sorry

Alex Watts :

But try the ICO, sadly I think they will confirm my view

Alex Watts :

Can I clarify anything else ?

Customer:

will the information they hold be covered by the same duty of care required own customers?

Alex Watts :

Yes indeed.

Alex Watts :

It applies to everyone

Alex Watts :

Does that clarify ?

Customer:

thank you very much. i'll send the letter anyway, and will contact ICO.

Alex Watts :

Great. If this does answer your question can I ask you to rate my service today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

thanx alex. goodbye.

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