Claiming charges back from day one - Help!

[reclaimone]

They refuse to budge so it looks like im going to court.

Is it best to do this paperbased or on MCOL?

[jowalshy]

It is best to do the N1 form as this has a lot more room for the POC's (particulars of Claim)

[jowalshy]

Also MCOL automatically are staying all penalty charges claims. Here is the link for the HSBC's Particulars of claim:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/107637-new-hsbc-pocs.html

[reclaimone]

How can MCOL stay a business claim?

[jowalshy]

They shouldn't, but unfortunately due to claims still being filed your claim may get stayed along with all the other non-business claims and then you then have the problem of getting it unstayed.

[reclaimone]

Hi,

 

Sent SAR, requesting list of charges from start of my account going back to 1992 approx. I was student so there will be quite a few.

 

They sent me standard 6 years statements.

 

Im aware i can claim back past 6 years but nobody at local branch or 08456028006 will help me even tho I have quoted S32 of limitation act.

 

What can i do folks?

[jowalshy]

Unfortunately it is almost impossible to obtain statements further back than 6 years. The banks just tell you that all they have is info going back 6 years and that is all they hold on record. Where all the stuff prior to that goes, I don't know.

[reclaimone]

Do you know any of the moderators who can help, as Im 100% sure the banks keep this information on microfiches?

[jowalshy]

IMHO I don't think that even they can help you, but you could allways try HSBCrusher. He is the usual moderator that frequents this forum.

 

Best of luck.

[reclaimone]

Thanks youre a star!

[johnnymitch]

I have to agree with jo on this one RC1 , - even if the banks have this info wild horses wouldn't drag it out of them - and no-one seems to be able to prove otherwise. (Although some verbal slips have reportedly been made by bank staff in telephone conversations to make one wonder.... )

 

But I wish you luck with it!

[HSBCrusher]

sorry to say there is virtually no chance of ever obtaining this info from HSBC. It appears to me that it is a very convenient way of limiting any claim.

There is anecdotal evedence that HSBC do indeed hold these records. I was fortunate, I had all my bank statements going back to the early 90s.

Have a go by all means, I think that there was a case once of someone obtaining some old statements from a branch, but that was a long time ago.

[HSBCrusher]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/83821-fendy-can-i-get.html

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/81832-alex-hsbc-six-years.html

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/81699-charges-over-6-years.html

[reclaimone]

Thanks to everyone for your information and time.

[reclaimone]

Finally got statements going back to 1992. Can I still claim back that far?

[Castlebest]

Hiya reclaimone, nothing has changed regarding the statute of limitations. This law limits the time you are allowed to bring cases to court to 6 years UNLESS you can show the bank seek to conceal the nature of their charges.

 

I think most people have used the OFT's report into credit card charges as a "trigger" date stating in their POC's that it wasn't relay obvious that penalty charges were unlawful until this report was published.

 

I think the best source of information about this is still Bong's thread but it is a bit long

 

http://www.consumeractiongroup.co.uk/forum/hsbc-fd-hfc-successes/33005-bong-hsbc-contractual-interest.html?highlight=Bong

 

pete

[reclaimone]

Thanks Pete,

 

I have to say thank you, the summary from Bong has give me the confidence to go for it!