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I am preparing my request for refund of charges with B/C. They did not send statements beyond 6 years. I am planning to use estimations based on the statements I received. Any ideas if that is the way to go about it? Has anyone been successful in claiming beyond the 6 years?
If your a/c was open beyond 6 years, write back to BC and say they haven't complied with your SAR and you require state's from 1999 up to the date of the state's which they've sent you. BC only started charging from 1999 onwards so you don't need to go back beyond this.
I would not include estimates but would wait for the additional info to come through. My reason is that going back beyond 6 years takes you outside the normal period for claiming, ie the 6 years allowed by the Limitations Act. This can be justified under s.32 of the Act on the basis of BC's concealment of the nature of their charges.
However, if you go to court with estimated charges beyond 6 years, I think your claim (or the element of it beyond 6 years) will be questionable and at risk.
If you think there are likely to be charges worth reclaiming beyond the 6 years, do your best to get the outstanding statements. See here for the Data Protection Act non-compliance letter - http://www.consumeractiongroup.co.uk...n-act-non.html
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
BC only started charging from 1999 onwards so you don't need to go back beyond this.
slick132
I have to disagree with the above statement as I have original statements going back to July 1995 and they charges £20 "Overdue Acc Charge" and £10 "out of order fee"!
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
The card I believe was a "Classic Visa Card".
I have 5 original statements from 20 April 1995 to 22 August 1995. I'm not entirely sure how I managed to keep these!!
Credit Limit £500
April 1995 - Under the limit so no charges!
May 1995 - Over limit by £63 but still no charges
June 1995 - "Out of Order Fee" £10
July 1995 - "Overdue Acc Charge" £20
August 1995 - Over the limit by £166 but no charges
I also have a letter from them telling me that they were going to charge the £10 to "cover their costs".
I have sent all the letters and since this time I got some letters back from Lowell and Red DC Services chasing the debt.
Barclaycard offered me £30 plus 8%, which I declined and have not taken this any further!
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Anyone successful in claiming beyond 6 years?
. I am planning to use estimations based on the statements I received. Any ideas if that is the way to go about it? Has anyone been successful in claiming beyond the 6 years?
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Originally Posted by slick132
