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)


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  1. #1
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    Default my golden oldie Mum vs Nat (claiming more the 6 years)

    Hi pips, am helping my very old mother claim and need a little bit of advice please. She opened her account in 1980 and it was closed in 1992. Sent a S.A.R to her local branch and got a reply from Edinburgh office claiming that they only keep records for 6 yearsicon and unfortunatly do not have any so they cannot help at this time !, I am assuming that they should at least hae records going back to 1992 when computer based records were first used !
    Do anyone have a good template response that we can ammend in reply, or should we just complain directly to the info commissioner (who are very busy at this time I suspect !)

    Thanks in advance

    Similar Threads:

  2. #2
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    roboraver,
    They do have records back to 1992. They changed their system in 2002 when RBSicon bought Nat West. It is very difficult going back to the nineties and the eighties i think you will have little to no chance. Have a look at this thread. Good luck.http://www.consumeractiongroup.co.uk...nt-number.html

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  3. #3
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    They mentioned in the letter that there 'group records management policy allows for retention of 6 yearsicon of personal dataicon to be held and this is inline with DPA guidelines. We do not store data beyond this period. As the account was closed more then 6 years ago we are unable to help'

    Now the account was only closed in 2002 so I do not understand why they do not still have the data ?


  4. #4
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Parkvale is right - we know they have data at least as far back as 1992. Somewhere there is a post (by NATTIE) that gives the name of the system where the data is held - but can't lay my hands on it at present. Anyone else rememeber?

    Steven

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  5. #5
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  6. #6
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Never thought of looking there - Thanks Parkvale

    Steven

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    Any opinions are without prejudiceicon & without liability.
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    Brighthouse Won unconditionally August 2007
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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  7. #7
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Thank you for the replies, they have her account number and sort code, they are actually saying that they do not keep data on closed accounts that are over 6 yearsicon old (Her account was closed on 2002 !!), does anyone know what the group records management policy is ? Should I send another S.A.R for her mentioning that they should have records going back to 1992 ?


  8. #8
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    You don't need to send another S.A.R - (Subject access requesticon). I would write and tell them that they definitely have data back to 1992, and the link in Parkvale's post above gives lots of info you can use to tell them exactly where they can find the data too!

    Steven

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    Any opinions are without prejudiceicon & without liability.
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    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
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  9. #9
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Thank you all ! letters in the post, lets see what they reply with !


  10. #10
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    I recently received all my data records from Natwesticon going back to 1992 !
    Also received statements covering 1994-1999 ! Have asked NatWest for
    missing statements for 1992-1994 !


  11. #11
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    OK this is really making me MAD !!, they are blatantly refusing to send the statements mentioning that the account was closed in 2001 and all records were destroyed ! Is the next step the financial O ?


  12. #12
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Have a look over in HBOSicon. Particularly the Dusary thread.

    Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

    Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

    http://www.consumeractiongroup.co.uk...ml#post1652270

    Register with CAG today, its free, its a great community:
    http://www.consumeractiongroup.co.uk/forum/register.php

    kennythecelt@consumeracti ongroup.co.uk.



    Thankyou Kennythecelt

  13. #13
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    OK spoke to info commisioner they said we have to wait 60 days before they will take action ! what I cant understand is the banks know they will eventually have to pay up, so isnt it in there best interesticon to resolve the cases sooner to save money ?


  14. #14
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Quote Originally Posted by roboraver View Post
    OK spoke to info commisioner they said we have to wait 60 days before they will take action ! what I cant understand is the banks know they will eventually have to pay up, so isnt it in there best interesticon to resolve the cases sooner to save money ?
    Banks. Save money. Don't be daft!

    Steven

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    Using CAG Toolbar will generate much needed income - Download Here

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    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
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  15. #15
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Thanks Steven, have taken my blong wig off now, looks like I will have to go into a local branch with old account info and refuse to leave until statements are in my hand !


  16. #16
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    B'nora they have finally turned up ! from July 1997 to 2001 ! (There are more statements but will start with this for now !),

    Just a quick question what can be reclaimed:

    Account fee 5.0 ?
    Refund Updaid 27.50 ?
    Chq return fee 27.50 ?
    Revisal fee 10.00 ?
    Unpaid R/P fee 27.50 ?
    Chq return fee 55.00 ?
    Unpaid chq 150 ??

    Am not certain on some of the above, any advice would be recieved with thanks ! (By a little old lady)


  17. #17
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    I think you can claim all of those with the possible exception of the 'account fee'. I don't know what this is. However, if it is a personal account and your mum has never had 'advantage gold' or similar it is likely that this is an unlawful charge.

    Charges you cannot claim back are

    fees for premium services (like AG)
    charges for paying DDs etc (usually only on business accounts)
    charges for such things as banker drafts and foreign exchange

    If it's none of these you canalmost certainly reclaim it.

    Steven

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    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  18. #18
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Thank you, so just to be clear on the charges, looking at the statements her account was a current account and then was changed to a advantage gold account. So during the period of her current account there is a 'account fee of 5 charge' and interesticon on this charge, can this also be reclaimed ?


  19. #19
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    If you are sure it's not an AG fee, then I'm pretty sure it can be reclaimed.

    On AG, I would advise everyone to look what benefit you get for your (now) £12/month. Natwesticon keep on advising me to have AG and I keep on refusing - it would be of absolutley no benefit to me, just a waste of £144/year. If it is of no value to you, then cancel it. Use the £144 for something better than buying G&Ts for RBOS shareholders. (just MHO )

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  20. #20
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    Default Re: my golden oldie Mum vs Nat (claiming more the 6 years)

    Thank you ! but I have another more pressing question. Having looked at the statements NW say that they closed the account in Jan 01 (It says on the statements account closed) BUT my mother insists that it was closed in Dec 01 (As most of the major charges were during this period).

    The thing is she does have proof of it (A letter from the Financial Ombudsmanicon service stating that the account was closed in Dec) now if they have failed to send the statements from Jan 01 to Dec 01 should she contact the information commisioner to make a complaint or NW ?



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