Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    andybhoy Novitiate

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    Default Claiming for a closed account?

    Can anyone tell me if it is possible to claim for charges on an account which is now closed? I had an account with the A&L but after getting and paying around £120 of charges I closed it. This was about a year ago. I know I have 5 years to make a claim, but does this count for accounts which have been closed?


    If so, would I get copies of statements under the DPA?

    Thanks in advance!

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  2. #2
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    Default Re: Claiming for a closed account?

    From the Frequently Asked Questions:

    Quote Originally Posted by FAQ
    Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?

    A. Yes, regardless of if the account is open or closed, you can claim.


    Quote Originally Posted by FAQ
    Q. The trouble is that I don't remember what they have taken from me. I'm not very good with my paperwork and I don't have my statements any more OR I was troubled about id thefticon and I shred my statements after looking at them and therefore do not know the amount I have been charged, how can I find this information?


    A. You can apply to your bank / credit card company for a list of charges made against your account. You should make an official, written request under the Data Protection Act (1998) - you need to make the bank aware that you are making this request under the Data Protection Act. This is called a "Subject Acccess Request" (S.A.R - (Subject access requesticon)).
    They have 40 days in which to comply with the request.
    There is a £10 maximum fee for this information, and this should be included with your request.

    We have prepared a templated letter for this also.

    ---

    Q. My bank wants to charge me for each statement sheet. They want a lot of money - far more than the actual cost of each one. It adds up to a lot of money. What should I do?


    A. There is no need to pay more than the £10 fee for the Data Protection Act request. If you did not follow the above advice and decided to ask for copy statements, for example, then they are entitled to charge for each one. Revert back to the S.A.R - (Subject access requesticon) request details above.


    Quote Originally Posted by FAQ
    Q. Can I claim back for more than 6 yearsicon?

    A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.



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  3. #3
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    Default Re: Claiming for a closed account?

    Thanks for the quick reply!
    Not sure how I missed that in there :-s

    I think this one might need to slip through the net, as I don't have a note of my account numbers, and due to numerous circumstances I have moved house a good few times over the past two or three years and I'm not even sure what address I used to hold the account at.

    I might chance it though and write a letter detailing all my addresses over that period (as I must have moved when I had the account), detail my current address, name Date of Birth, and they should be able to find it with that, but because I am trying to claim charges from them, I think they might just say they can't!

    Anyone got any advice on this one, or should I forget it?


  4. #4
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    Default Re: Claiming for a closed account?

    Sorry, I know its not good form to reply to your own post, but I have recently found some information in the Barclaycard section which seems to say that I am the data subject, so I should in fact be able to get the statments and things from A&L by providing Name, DOB and some address history, and let A&L ask me for any other verification they require!


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    Default Re: Claiming for a closed account?

    I just got an offer for 90% of the charges I claimed on an account I closed two years ago with h.s.b.c.. I am sure if there was a way out of it they would have found it rather than pay over £900.
    So good luck.


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    Default Re: Claiming for a closed account?

    Quote Originally Posted by andybhoy
    I am the data subject, so I should in fact be able to get the statments and things from A&L by providing Name, DOB and some address history, and let A&L ask me for any other verification they require!
    Correct. Also utility bills from your current address, dates a/c was held, bank branch etc.


  7. #7
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    Default Re: Claiming for a closed account?

    Thanks for the encouragment guys, I'll go and find where the letter should be sent to!

    I think what I'll do is print out the standard S.A.R letter and attach a covering note with my details on it so they can find me.

    I'm also going to post a S.A.R to Barclaycard tomorrow, and am awaiting statments from the Bank of Scotlandicon. Turning into a fair bit of fun! Serious fun, but fun.

    Thanks again guys!


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    Default Re: Claiming for a closed account?

    It's probably best to send them recorded. We all know banks are fond of bending the truth when it comes to this sort of thing ;-)

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  9. #9
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    Default Re: Claiming for a closed account?

    I will do that mate. I sent the Prelim. letter to the Helifax by "Signed For", so they can't deny recieving it. I went into the A&L branch today where I opened the account and gave them two addresses to see if they could find my old account. She said they only keep them on the branch syetm for two years, and nothing came up. I didn;t think it was that long ago.

    The person at the desk did however say that they could search the archives if requested for a fee, so basically the S.A.R letter, LOL!

    I didn;t tell them in the branch it was to reclaim charges right enough, I told them it was for a dispute with the job centre, LOL!!! First thing that came into my head when asked!!!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE