Getting Tesco to provide info beyond 6 years

[Miss Molly]

Hi

A SAR doesn't only go back 6 years, who told you that nonsense? A SAR is a request for ALL data pertaining to be about you, that means everything they have for whatever time period.

HMRC rules for companies state they should retain data for a period of upto 12 years in cases thus most banks and finance places will have a record for many many years - if they come back with the last 6 years only, then it'll always be unenforceable as obviously if they declare that they've only got 6 years data then how the hell can they have the agreement that was 15 years old... Making sense?

So on a closed account I suspect you'll have about 3 years before the data is wiped..... but for sure, they'll have all data from account inception to account closure....

A SAR is always the way to start....

Niddy, I need an argument to challenge Tescos with to obtain data further back than 6 years. They have upheld a complaint for mis selling of PPI - however, they will only refund the premiums as far back as the statements they have provided.. which is just 6 years worth. They claim if I can provide them with proof that they took the premiums then they will revist the claim.

Surely the fact that THEY ticked the box on the agreement for PPI is proof that it was from inception !!

Oops.. sorry FP, I didnt mean to hijack !

[Never-In-Doubt]

Re: Getting Tesco to provide info beyond 6 years

Niddy, I need an argument to challenge Tescos with to obtain data further back than 6 years. They have upheld a complaint for mis selling of PPI - however, they will only refund the premiums as far back as the statements they have provided.. which is just 6 years worth. They claim if I can provide them with proof that they took the premiums then they will revist the claim.

Surely the fact that THEY ticked the box on the agreement for PPI is proof that it was from inception !!

Oops.. sorry FP, I didnt mean to hijack !

What's happened with this as it's been missed by all accounts (my apologies)....

We have enough proof that they're talking shyte and it is not for you to provide proof, the fact the agreement shows it from inception would suggest they calculate it based on their own system records.

The FOS would be whom you complain to, not the ICO as this supercedes the ICO powers in that they're deliberately delaying things and causing you hardship (ie they're trying to deceive you or whatever)....

[di30]

Re: Getting Tesco to provide info beyond 6 years

Why have I not posted before now...........sorry.

Cheers Flowerpower for moving this anyway x

I must agree with Niddy though, think they may be trying it on myself.

The FOS (Financial ombudsman service) are the ones as Niddy says, if your not satisfied with the final outcome, and if in hardship, you need to make the FOS aware of this and they will also consider fast tracking for you.

Please accept my apologies too........X

[Never-In-Doubt]

Re: Getting Tesco to provide info beyond 6 years

and if in hardship

Di, I didn't mean hardship as in financial hardship.

I meant it in the way the FOS make awards, i.e. hardship or distress (think along the lines of inconvenience)

The logic is that obviously you complain to the ICO first and explain that you've requested a SAR and the lender is basically refusing to comply beyond 6yrs yet there is no time frame set within the DPA framework to suggest a time limit and thus although they've admitted liability, they are cheating you based on their reluctance to calculate historic payments even though the signed agreement proves you've paid it for much longer. Then explain that refusal to comply with your s.7 request means you'll be financially worse off and you need clarity on their behaviour with a prompt to comply with the provisions of the Act and send the missing historical data.

Then you send a copy of that, along with correspondence received from the lender to the FOS with a formal complaint based on the lender refusing to comply with the guidance on repayment of mis-sold PPI and yet they've admitted liability but will only go back 6yrs although you have an agreement dated XX which proves you had the missold premiums for XX years more than what they're offering thus leaving severely worse off and in a financial loss situation. Also add a complaint about their behaviour at complying with the DPA and mention you'll clarify whatever the ICO say when you hear anything.

So it's a dual complaint, as such, both based on different positions. If you need help gimme a shout and I'll do the templates/complaints for you (PM me though )

[di30]

Re: Getting Tesco to provide info beyond 6 years

Di, I didn't mean hardship as in financial hardship. I meant it in the way the FOS make awards, i.e. hardship or distress (think along the lines of inconvenience)

Doh!!! LOL

DIZZYY

[di30]

Re: Getting Tesco to provide info beyond 6 years

Di, I didn't mean hardship as in financial hardship.

I meant it in the way the FOS make awards, i.e. hardship or distress (think along the lines of inconvenience)

The logic is that obviously you complain to the ICO first and explain that you've requested a SAR and the lender is basically refusing to comply beyond 6yrs yet there is no time frame set within the DPA framework to suggest a time limit and thus although they've admitted liability, they are cheating you based on their reluctance to calculate historic payments even though the signed agreement proves you've paid it for much longer. Then explain that refusal to comply with your s.7 request means you'll be financially worse off and you need clarity on their behaviour with a prompt to comply with the provisions of the Act and send the missing historical data.

Then you send a copy of that, along with correspondence received from the lender to the FOS with a formal complaint based on the lender refusing to comply with the guidance on repayment of mis-sold PPI and yet they've admitted liability but will only go back 6yrs although you have an agreement dated XX which proves you had the missold premiums for XX years more than what they're offering thus leaving severely worse off and in a financial loss situation. Also add a complaint about their behaviour at complying with the DPA and mention you'll clarify whatever the ICO say when you hear anything.

So it's a dual complaint, as such, both based on different positions. If you need help gimme a shout and I'll do the templates/complaints for you (PM me though )

Got ya no worries I was at first thinking "if in hardship" when complaining you can ask for fast tracking that they may consider, depending on the circumstances........

The FOS will of course consider further redress for distress and inconvenience caused by the business, I would make sure this is mentioned on the complaints form.

[pompeyfaith]

Re: Getting Tesco to provide info beyond 6 years

Niddy, I need an argument to challenge Tescos with to obtain data further back than 6 years. They have upheld a complaint for mis selling of PPI - however, they will only refund the premiums as far back as the statements they have provided.. which is just 6 years worth. They claim if I can provide them with proof that they took the premiums then they will revist the claim.

Surely the fact that THEY ticked the box on the agreement for PPI is proof that it was from inception !!

Oops.. sorry FP, I didnt mean to hijack !

This is exactly the argument I had with the co-op over PPI past 6 yrs I did fight it and they did cough up eventually right back to 1999 if you want to see copies of letters I used just shout.

[Miss Molly]

Re: Getting Tesco to provide info beyond 6 years

Hi, I accepted the 6 years simply because I was a bit concerned that I might lose what they had offered. Presumably I cant now return and say.. hang on a sec.. you are taking the micky??

[alangee]

Re: Getting Tesco to provide info beyond 6 years

If I am in that position, I accept it with the proviso that should any further information arise entailing extra charges/PPI, then I retain the right to make a further claim.

Alan

[Never-In-Doubt]

Re: Getting Tesco to provide info beyond 6 years

Miss Molly - it depends what your offer letter said.

[panther12]

Re: Getting Tesco to provide info beyond 6 years

Just thinking aloud but if the banks are not forthcoming with ALL the info going beyond 6 years, and you paid ppi from opening the account, if they’re not prepared to give you the info can you submit a claim based on estimated figures of what you believe has been paid by using the supplied 6 years figures and calculating backwards from when account was opened.

[Miss Molly]

Re: Getting Tesco to provide info beyond 6 years

This is actually hubby's account and he is in a repayment plan with them. It was always understood that any refund would come off the monies he owes them.. and our calculations (some of it estimated due to missing statements) pretty much cleared the balance.

I must admit, I am very tempted to tell him to stop paying what is now owed and demand that they prove, by way of statements) that he does owe them what they claim.

I imagine they would soon find any missing statements

[Never-In-Doubt]

Re: Getting Tesco to provide info beyond 6 years

Just thinking aloud but if the banks are not forthcoming with ALL the info going beyond 6 years, and you paid ppi from opening the account, if they’re not prepared to give you the info can you submit a claim based on estimated figures of what you believe has been paid by using the supplied 6 years figures and calculating backwards from when account was opened.

Yes that is how you usually do a reclaim, if the bank reject it then you go to the FOS however the FOS are a wee bit one-sided as things stand so not the best time to utilise their ahem, service

[Never-In-Doubt]

Re: Getting Tesco to provide info beyond 6 years

This is actually hubby's account and he is in a repayment plan with them. It was always understood that any refund would come off the monies he owes them.. and our calculations (some of it estimated due to missing statements) pretty much cleared the balance.

I must admit, I am very tempted to tell him to stop paying what is now owed and demand that they prove, by way of statements) that he does owe them what they claim.

I imagine they would soon find any missing statements

why are you repaying? Anyway, if you're certain that the PPI will clear the arrears then you want the actual debt sold to a dca so that the lender will then repay the monies to you, which we usually suggest you then go the dca and make an offer to settle of around 20p in the £1.

Its a weird way of doing it but very worthwhile......

[Miss Molly]

Re: Getting Tesco to provide info beyond 6 years

why are you repaying? Anyway, if you're certain that the PPI will clear the arrears then you want the actual debt sold to a dca so that the lender will then repay the monies to you, which we usually suggest you then go the dca and make an offer to settle of around 20p in the £1.

Its a weird way of doing it but very worthwhile......

The agreement was in order and they defaulted correctly.. plus this was all agreed before I knew there were ANY consumer forums. On top of which they were the only company to agree to the reduced payments and frozen interest.

Anyway, it is nearly paid up now.. so I am not going to worry too much about this one