**tilly** v Abbey - going waaaaayyy back

[**Tilly**]

Well here i go again,forgot about this baby, this one is as far back as 1998

sar going out monday let the fun begin:D

[Brassed off]

Crikey Tills, is there any Bank you haven't been with?

 

Just looking for info here. If the account was from 1998, would they still keep records going back that far. I'm sure there's legislation somewhere that says they only need to keep records for six years after closure of the account?

[**Tilly**]

My mistake account was opened 1999:p

 

Well we see what come's back when i've sar'ed them no doubt i will be sending

a letter of non colmpliance:grin:

[**Tilly**]

yep Bo the account is closed but will chase them for previous years statements,need to try get in the system in case they change the limitations act at end of test case:o

[MilkTrayMan]

...I'm sure there's legislation somewhere that says they only need to keep records for six years after closure of the account?

I am NOT aware of any.

The only proviso that a bank may legally be required to keep any data for 6yrs, is for Inland Revenue purposes.

I can't remember which Thread exactly which quotes this, but here's a few links for U to start with (...in no particular order!...lol)...

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/76009-yorkshire-bank-limitation-act.html

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

http://www.consumeractiongroup.co.uk/forum/legalities/11227-limitation-act-1980-lets.html

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/112152-dads-co-op-account.html

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/80320-has-anyone-claimed-past.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/81857-dara-n-bs-beyond.html

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/94778-my-golden-oldie-mum.html

 

http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/83144-jules1973-abbey.html

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

 

http://www.consumeractiongroup.co.uk/forum/general/107502-claiming-beyond-6-yrs.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/49090-maxine-barclaycard.html

 

...etc etc etc!...

 

Am bored now...can we play another game??...

 

 

...

[Brassed off]

Thanks MTM. That should keep me quiet for a while

[sea-sidelady]

Glad to see you finally on your way in here.

 

Go get em girl!!!

[**Tilly**]

Thankooo, i thought it was about time :grin:

 

Omg Mtm you trying to frazzle my brain:rolleyes:

[Lula]

Abbey will say that they only keep records as far back as 6 years from today, and after the new regulations came in from last December, that is all they are obliged to keep, so dont expect anything from before Feb 2002, but you might get lucky

[**Tilly**]

Hi lula

 

Thankyou for that info,i suppose it's like the old saying what you don't have

you don't miss, 6 years is better than nothing:grin:

 

 

Tilly

[**Tilly**]

sar signed sealed and hopefully delivered, back to sitting on thumbs:p

[sea-sidelady]

Hopefully you wont have to wait to long for them. But im sure you will have plenty to keep you occupied.

[**Tilly**]

This one has been left long enough i think recieved statements for last six years back in march, now i thought the account was opened in 1999, but in fact was opened in 1979 do i go for the 29 years or stick to the 6 years

 

 

 

 

 

Tilly

[TUTTSI]

Hiya Tilly,

 

Browsing through, if you are making a claim against Abbey you may be able to include your hardship.

 

So when you do the pre-lim you can also include all the evidences for your claim. Abbey have just paid me 65% of my claim on the new FSA waiver rules.

 

If you need any help just shout.

 

Good Luck

 

Tuttsi xx

[sea-sidelady]

You can try going for the full amount of years. Whether you get them or not is a different matter. But you need a project to do, and we can't have you getting bored, so go for it..!!!

[**Tilly**]

Hiya TUTTSI

 

Thankyou thats brilliant, you will deffo here me shout

 

 

 

 

 

 

 

Tilly

[**Tilly**]

You can try going for the full amount of years. Whether you get them or not is a different matter.

probably not but might as well give it a go

But you need a project to do, and we can't have you getting bored, so go for it..!!!

 

 

Here we go again

 

I think i need to go and read macboy's thread again

[**Tilly**]

Right this has been put on the backburner for long enough.

Had sent a sar and recieved some statements last year but have been mislaid somewhere along the line:rolleyes: so will be resending.There are 2 accounts one was a savings account the other was current account or what ever it was callled wayyyy back then lol. both accounts go way back one i know goes back to at least 1991 and the other 1979 but not sure which one is current account so will be interesting to see what they send got the bit between me teeth now abbey here i come

[TUTTSI]

Hiya Tilly

 

I have a claim against Halifax going back 19 years. This is a tough one to crack as you will have to read up on cases like sempra v Inland Revenue - heavy reading + you have to have all your arguments. For hardship Abbey will only look at the 6 years period.

 

The test case is still ongoing and I guess untill this is resolved the easiest way is to do advise them of youir 20+ claim and list all the charges and stat interest. If you went for compounded interest it would probably come into the many thousands.

 

At the same time tell them about your hardship, here is my letter which I sent to their legal dept as my case was already stayed at the courts. But you can adapt it to suit:-

 

ADDRESS

TEL/FAX XXXXXXXXX

EMAIL XXXXXXXXXX

 

FOA: Mr Ronan Coyle

Location Code TS6 D03

Abbey National PLC

Abbey National House

2 Triton Square

Regent Park

London NW1 3AN DATE…………..

 

BY RECORDED DELIVERY

Dear Mr Coyle

YOUR NAME

ABBEY ACCOUNT NUMBER:- XXXXXXXX

CLAIM NO:- XXXXXXX

I am writing to you regarding my claim and my financial hardship

situation which I understand meets the FSA’s recent update to the

complaints handling waiver and their guidelines on financial difficulty.

I would like to attach documentation in support of my hardship

case which evidences my extreme financial difficulty, as follows:-

1 : An updated spreadsheet showing my claim value as £XXXXXXX with Abbey at the present time.

2 : A Joint personal budget sheet which shows a monthly deficit of £XXX

3.

4.

5.

6.

HERE WRITE A DESCRIPTION AS TO WHY YOU FEEL YOU ARE A GENUINE HARDSHIP CASE AND THE EFFECT IT IS HAVING ON YOU/ AND YOUR FAMILY, ETC ETC….

Change these paragraphs to suit

My husband and I are currently finding it very difficult to cope during the present economic climate coupled with the real threat of losing the residential home as a result of the suspended possession order.

This financial situation is putting a terrible burden on both myself and my family, and I please ask that you reconsider my claim and my circumstances given the current waiver criteria and the banking code.

I look forward to hearing from you shortly.

Yours sincerely

xxxxxxxxxxxxx

[**Tilly**]

Hi TUTTSI

 

Thanks for the input:) and your letter.

 

Totally agree with you gonna be a tough one to crack but i like a challange

 

will keep updated.

[nat]

My claim goes back to 2001 and I have claimed under hardship, but they are refusing to pay out due to the statute of limitations act, so we are now at a deadlock. Good luck with yours though and let us know how you get on xx

[**Tilly**]

Ok SAR done and posted, sit back and wait too see what they send

[TUTTSI]

My claim goes back to 2001 and I have claimed under hardship, but they are refusing to pay out due to the statute of limitations act, so we are now at a deadlock. Good luck with yours though and let us know how you get on xx

 

This happened with me with The Halifax with an 19 year claim.

 

I have issued court papers and it has been stayed.

 

Just sitting and waiting for the test case to be over. They did not defend the statute of limitations so we will have to wait and see.

 

Others in the past have done it.... and so with the right POC, we should have a chance.

 

All the best

Tuttsi

[charleyfarley]

Ok SAR done and posted, sit back and wait too see what they send

 

 

haven't you got your statements all neatly filed in date order for this a/c?

 

 

bet you a quid you get a letter saying " go forth and multiply!":p

[yourbank]

My claim goes back to 2001 and I have claimed under hardship, but they are refusing to pay out due to the statute of limitations act, so we are now at a deadlock. Good luck with yours though and let us know how you get on xx

Providing the account isn't closed they have a duty to assess for hardship going back to charges from 27th July 2001. If the account is open then remind them of the FSA letter from 19th March 2009 with regards to guidance on Data Retention(FSA Waiver 13.5)

 

Apologies for minor thread hijack.