Hi all, I am doing my g\f charges and am about to fill in Money Claim Online. Thanks to this site I have got to this stage with the standard templates etc and have informed Barclays of my intention to claim Contractual Interest from day one. Can someone a bit more in the know comment on the claim I am about to file as my life wont be worth living if I balls this up...... I have a contract with the Barclays Bank, conducted on their standard terms and conditions. Barclays’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Despite repeated requests, Barclays has not been able to justify them. As a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I wish to claim £700 in charges taken by Barclays over the last 6 years, plus £351.95 in interest levied on them with a daily rate of £0.47 to be added until the claim is settled in full. I claim Contractual Interest (compounded) under the principle of mutuality and reciprocity in our contract. As Barclays has taken unlawful charges from my account, this constitutes unauthorised borrowing – thus, the rate of Contractual Interest used is the bank’s unauthorised borrowing rate. The standard rate of unauthorised borrowing set by Barclays is 27.50% therefore this rate is added to the above amounts and the breakdown is shown on the enclosed schedule. If the above method of interest is not acceptable I retain my right to claim under section 69 of the County Courts Act 1984 at the rate of 8% a year from 15/09/03 making a total of £789.66 with a daily rate of £0.15 to be added until the claim is settled in full Many Thanks

bump....

Okay, Here goes, sent in a SAR since the inception of my account. HSBC are adamant they do not keep data longer than 6 years, I just cant believe this, surely it is lurking on their archive systems....... Sent this off to HSBC Thank you for your e-message reply dated 31-01-07. I am in receipt of copy statements from the period 1 January 2000 to current day however my request was for all data contained from the inception of my account whether this be in the form of statements, fiche or other recording methods. I also require any data that has been archived onto your archival system and will be prepared to foot the cost for this effort if required. I still request copy statements or the equivalent information as stored for the period of the commencement of my account to December 1999. In short I require all data in whatever format held by HSBC on me prior to 1 January 2000. Should you advise that you do not have such information could you please confirm this by stating HSBC does not have any data relating to account number ********* dated before 1 January 2000 I require exact confirmation of when and how my data was destroyed and confirmation of your company policy on data retention. Should a claim be made in Court I will seek an order from the Court requiring disclosure of your policy document should you fail to disclose it now. I look forward to your reply. Recieved this back from them.... Our Reference ********** Dear Mr Anderson Bank Account No: ************** Thank you for your e-message received on 1 February 2007. I apologise for any inconvenience caused. However, as advised in your earlier e-message, I confirm that, as per the Data Protection Act's terms and conditions, we are not allowed to keep customers information on our records for more than six years. Please note that this ruling applies for all banks within UK. As such, please be advised that it is not our intention to destroy any of your records which are more than six years old. However, under the Data Protection Act ruling, we are obliged to action this. Therefore, as advised in your earlier e-message, I regret to inform that we are unable to provide any statement copies which exceeds six years ago. Kindly accept our apology again for any inconvenience caused with regards to this matter. For further clarification and assistance, please contact our Customer Telephone Services at 08457 404 404 (UK), +44 1226 261 010 (International), or visit any local HSBC UK branch, where my colleagues there will be glad to assist you accordingly. Please do not hesitate to contact us, should you have any further queries. Kind regards MV Krishnan HSBC Internet Banking Support Ahhhhhhh, any thoughts all??????

Hi all, was just wanting to pick your brains for 2 secs, I am just about to send off initial request for repayment for the g\f. I have filled in Mindzai's excellent spreadsheet and am just wondering which pages I need to print off and include with the letter. I'm guesing I need to only include the "Interest (Daily)" tab print off, is this correct. Much appreciated and good luck mcuth

Can someone please tell me when is the right time to inform the bank u intend to claim the Contractual Interest on your claim. Believe me I have searched high and low but seem to be coming across a few contradictory posts. I have already sent my girlfriends LBA off, is it too late to claim Contractual Interest in hers? Many thanks for the help all...

That were my thoughts as well, although pretty sure they will come back that they only have the last 6 years of statements. Worth giving it a go I suppose, please let me know how u get on and I will do the same.

Have you still got the statements from the old midland account, or are u requesting them from HSBC? Cheers

Thanks for the advice livelylad. So if I send something along the lines off: Subject Access Request Dear Sir/Madam SORT CODE: xxxxxxxx ACCOUNT NUMBER: xxxxxxxx Please supply me with a complete list of transactions and charges relating to my account from when the account was opened. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, Is this a DPA request, do I need to enclose the £10, I thought the DPA only covered the last 6 year. Is the SAR completely different. Sorry for the hassle mate.

U think I should be sending a SAR with the wording "from when the account was opened"? Is the SAR request simply the Data Protection Act with the DPA bit took out, might well put something together and take it into my branch tomorrow. Any thoughts much appreciated

Hi, Thanks for the reply, I have today been to my branch and spoke to customer service on the phone. Both basically told me that Januaray 2000 is when my 1st statement is available from. My account goes back to 1993 and is littered full of charges pre 2000. The guy on the phone said he would send a memo to see if statements are availbale pre 2000 but basically said i wouldnt be holding my breath...... (I'm suire I could hear a shredder in the background, lol) Where can I go from here?????? Thanks in advance.

Hi all. I successfuly claimed back just over £1000. That was a few months back, I have kept a watchfull eye over this site since. Its getting interesting isnt it.... Has anyone successfuly obtained more than 6 years of bank statements? Or can anyone suggest how I should approach HSBC regarding this? The charges can be claimed as the banks were very cunningly hiding their charges etc, so they could potentially be argued to be reclaimable. My issue, I only have 6 years worth of statements. Any thoughts people?

wow good luck mate, would love to see it come in for u.......... whats the banks potential next move me wonders?

Hi Mcuth, Any update on your situation? Am waiting for the outcome of this one with baited breath.......

Hi all, I have already won my case with HSBC for £1600 so i thought I would chase up my Lloyds account which I used to have a few years ago...... I have requested my statements from LlyodsTSB, they have come through and contain Returned DD etc, my problem being according to the statements i have never been charged for the bank returning them.......... this I just dont believe but apart from having my original statements as proof (which I dont) how can I argue this. Wondering if anyone else has had Lloyds playing funny buggers like this. I would of though the DPA would of meant they couldnt of doctored my statements. Any thoughts would be appreciated

Hi, Did u get a response from the letter u sent Paul?