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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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How long must a UK bank keep customers records? What redress

Resolved Question:

How long must a UK bank keep customers records?
What redress does a customer have if those records are destroyed before that time limit
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
The Data Protection Act 1998 only requires that they hold data for a reasonable period of time. This is generally accepted as being around 5-6 years before they are destroyed.
If you try and argue they have breached this then you would need to satisfy a Court as to what a reasonable time would be, bearing in mind this is accepted as being 5 years.
If you sue then you must show a loss. A Court wants to put you back into a position you would have been in should the breach not occurred. So if you have an actual direct loss as a result, then that is what you are awarded.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I have an ongoing PPI claim against the Nat West Bank. They say they cannot find any documents relating to my mortgage nor any letters sent by them to me. I made my request 3 years and four moths after my property was sold and the Financial Ombudsman was unable to find any copies of my mortgage despite my sending a copy of my mortgage deed.
Customer: replied 1 year ago.
Is this not financial shenanigans to avoid the cost of a PPI claim?
Customer: replied 1 year ago.
HELLO
Customer: replied 1 year ago.
are you still there?
Expert:  Ash replied 1 year ago.
But if they dont have it, what do you expect them to do?
Customer: replied 1 year ago.
That's not an answer is it. That's sarcasm!
Expert:  Ash replied 1 year ago.
Its a genuine question. if you took it to Court, what would you expect a Judge to do? He cant order them to disclose something they dont have.
How much are you trying to claim back?
Customer: replied 1 year ago.
£5000.00
Expert:  Ash replied 1 year ago.
When did you take out the mortgage?
Customer: replied 1 year ago.
30th January 1991 Is not three years and four months a little too soon to destroy documents?
Customer: replied 1 year ago.
Sold October 2008
Expert:  Ash replied 1 year ago.
It is but I dont think you can read anything sinister into it. But I will outline the process to try and claim it back.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
You can claim under S.13 of the Data Protection Act:
13 Compensation for failure to comply with certain requirements.
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
If you can satisfy the above then you have a claim. Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Alex

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