I have only been given 2 years of statments from HBOS. My 40 days have passed and nothing, I then sent them the 7 day letter before reporting them and taking them to court.

Has any one else been stalled in this way by HBOS ?

Can I send them a letter asking for the money for the 2 years worth of statments i have or do i wait for all statments ?

I had the same problem with my HBOS credit card. Politely tell them that you have only received partial statements and that if they don't comply within the 40 day timescale you will take up the matter with the Information Commissioners Office.

It has now been 7 days and i have not had a reply form hbos is there a standard letter i can write to the Information Commissioners Office ?. Is it possible to start my clam with the statments i have (2 years).

Has anyone getting the same stalling from HBOS

all replys will be most welcome

oh dear alw, when will the banks learn we mean business?

here is a thread explaining what routes you may now go down

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

you may put in a claim for the two years you have at the moment or alternatively you could treble the ammount this gives you and put in for an estimated claim. you can ammend this up or down when you have info to give you true costs.

Have sent this letter but still no reply is it worth phoning them before i start a action with estimated charges

alw,

that would depend on how good you are on the phone hun, if your likely to get flustered doing this then i wouldnt i would put in a court claim however if you are quite good at explaining yourself then go for it. make sure you document any phonecalls to them and ask for a reference number for the phonecall. this will come in handy if you do have to go to court for the information.

are you in scotland? intending to use the scottish court system? if so the limit for small claims is £750. summary cause has a limit of £1500.

ok as to your question in pm i can only tell you what i would do but bear in mind i am in scotland using scottish court proceedure.

i would........

1. prepare a claim for the two years i had statements for using small claims proceedure. (or you could estimate a claim for all the years by working that out from the statements you do have)

2. phonecall to statements team informing them that i am about to issue court proceedings for remaining statements giving them (bearing in mind closure of courts for holiday period) until january £rd to get remaining statements to me.

3. prepare to go to court fill in claim forms etc ready to submit on january 3rd for the information remembering to give it a monetary value of lets say £50 for the time and costs to myself of making the claim. this is important as a claim for information only goes into a different court bracket. if you give it a monetary value it remains within the small claims remit.

hope this helps you however please ask anything else you feel ive left out.

i personally give the banks every opportunity to respond before court however there comes a time when you can no longer do that and must go to court. do not worry they do this from time to time just to delay things and try to put you off. one thing to remember you are right and they are wrong its your money and they might wriggle a bit but you will get it back.

Phoned HBOS tonight and spoke to somone who said it was unralistic to expect a reply by the 3rd of jan Due to holidays. explaned my position of waiting from the 25th October for my statments and said i was not prepared to wait any longer and would issue cort procedings on the 3rd if i had not recived all statments by then.will send my letter of tomorrow asking for repament of the last 2 years worth of charges while i am waiting.

good for you and good choice if i may say so. i won my case today very pleased moeny is already in account so last minute shopping required i think

Surprise surprise after my phone call to HBOS a package came yesterday recorded delivery, all statments from nov 1999 up to date.

(What a threat can do in person and not by letter)

One question can i claim back the 6 years thay have provided me with or im i stuch to the 5 years i have heard diffrent stories ?

alw, that depeneds where you live? in Scotland its 5 years, but in England its 6 years

Am i allowed to claim the intrest charged to me at the end of each month for being overdrawn, or is this going a bit far

alw,

sol is right in scotland it is five years however you can go back further if you challenge the statute of limitations. i would claim your five years first while reading up on this then go for the earlier charges if you feel confident doing this.

as for interest you can claim back only that interest which is due to your charges. ie not on money you have used yourself. i have not done this as i thought the time involved in working it out wasnt worth what i would get back. you might feel it is worth working out and i believe it can be done.