Some Important Information

[TANZARELLI]

If memory serves from Data Protection Act (I had to study it as part of my job in the Army), they have to BY LAW retain all records for 7 years (at which they can be destroyed by 1 of 4 secure means (Burning, Pulping, Shredding & No one ever remembers the 4th way)).

 

So if they give you rubbish about XXX transactions, remind them they have to by law retain all information for 7 years before it can be destroyed or lost. Any breach of this results in a Breach in Data Protection Act, thus resulting in a Unlawful Destruction Charge (Approx £1,250 per item detroyed)

 

 

If it looks like bullsh*t, and smells like bullsh*t, you can proberly guess its bullsh*t!

 

Is this really the case as I have just had a letter from Barclaycard stating that all my statements for 2000 have been destroyed bar Dec 2000, and they said they now no longer hold them. When you refer to £1250 per item would that mean per statement? Also who states this figure, and how could I claim this?

 

Tanz

[kalujo123]

They only have to retain them for 6 years then can be destroyed

[represent1]

Can I just confirm with you ... did you recieve the statements as requested over the phone to the branch. I was about to post off my "request in writing" and have just read you strand. Additionally, did you send off any money (£10) for the request & would the group think it adviseable to have some form of written proof to the effect that you are making the inquiry ... just in case the statements don't show up in a couple of days and you loose time ...

Hello people,

I'm brand new, my first post.

After reading that i might request the past six years charges from the branch as a means of getting them faster i thought, why not try and call them, i did. The lady asked me my security details, as normal, i asked for the charges on my accounts for the last six years, and she said they'll be in the post to you today!

Woo hoo a triumph i think!!

Hope this helps, give em a ring!

Many thanks

 

[kalujo123]

you can get your statements by going into the branch, it is only a £5 charge for this, usually arrive within 7 days.:o

[tonedepear]

I'd expect the problem will be with the mainframe systems in their operations dept. The terminology certainly sounds like it. I work for a third party company in ops (I'm there now, yes it's 3:30am!) and to go back past a certain level, old files, datasets and stuff will be archived, often on tapes (yes, physical tapes) that will have to be re-loaded to get the stuff. It shouldn't cause a problem - they HAVE to provide the info, the info IS available, it's just a hassle for the operators on shift at the time. But it's certainly possible these tape requests could generate errors and timeouts at the front end if a customer service jr were to try and request 6 years of statements on his console, and quite reasonable that their immediate response would be 'oh, computer says it can't do it'.

 

For example on an old system I used to use occasionally about 3 years ago, i could request reports for credit card machine usage. (Basically the same process as I imagine statements would use). I could get anything for anyone going back about 6 months, but anything past that I had to send upstairs to support who had to call up the archive data before they could generate the older reports. It's all there. It has to be - all data going back however many years the FSA say. It's just not all immediately 'to hand'.

 

Sorry if that doesn't make any sense, but my main gist is, don't worry! The information CAN be got, and WILL be got.

[mummythree]

Hello everyone,

My first post today,slightly nervous.Have phoned my Bank up to ask for statements for the last 6 yrs and they have told me i must go into my BANK (HALIFAX).Pay £5 pound and no problem,so i will pop into the Bank Saturday and wait for my statements to arrive.Here"s hoping i can get some money back from the countless times they have charged me!

[bigger kev]

hi im with halifax also and you can request the statements on the phone just remind them about the data protection act trust me you dont want to go outside in this weather good look

[iwantmycharges]

Hi,

 

Wondering, I wrote my BoS branch asking for my 6yrs worth of statements. I have a written response saying I will get them in 10 working days free of charge. The 40 days has expired, and have been offered compensation for the delay. Do I have a legal leg to stand on because I didnt word it, subject access request, and didnt mention Data Protection, does my enquiry still stand? Also how much can I claim for the "delay"?

[MITCH993]

...Apparently!

 

if you request information on your account, going back several years, there appears to be a 'transaction limit' set up for their system, which can significantly delay the arrival of your statements.

 

beyond 420 transactions, they have to refer to their 'archive' to retrieve the info, but beyond a certain amount more, their system produces an error, and fails to comply with the request.

 

i have been told this amount is 900 transactions. I called back and the next team leader told me it was 1260 transactions...so i'm unsure as to the validity of the claim, but still, this is useful info.

 

if the system does indeed fail to deliver, they wont tell you. they will wait for you to call in, so the onus is on you; if you suspect that they could use this excuse on your account, demand that they send a direct request to the department that prints the regular monthly statements, and avoid the hassle i've been thru!!

 

No not correct, i asked for and recieved 120 pages of statements going back six years and each page has about 30 transactions, at least 3000.

[ghathway02]

halifax have offered me £450 out of £571 without interest the full amount including interest totals to £682.12 do i take this offer or carry on with the courts

 

they have said they will go no higher than 450.00

[kennythecelt]

ghathaway,

stick out for the full amount. This is just a tactic. They will pay full amount plus interest of 8%.

Carry on, they will settle before court probably.

[**Tilly**]

hi ya like kenny says stick it out for the full amount

[Bill Lynch]

If the Halifax are willing to offer you the majority of your claim, they will pay all of it to you. Stick with it, they just want you to accept what they are offering to save themselves a few quid. They were not bothered about saving your money when they took it out of your account. Stick to your guns, good luck.

[Dusary]

Yeah!

 

 

Like the others said: GO FOR IT ALL!

[kennythecelt]

We seem to have a consensus!!!!

[ghathway02]

i have the notifiaction of the sevice has been filed on the 15th june so guess the court date/ date i can go for judgement on moneyclaim is 13th july ?

[ja-de]

I agree with everyone else, stick to your guns, & don't let them beat you.

[lizzydripping1]

Don't believe them about them keeping statements in archives as it is just another delaying tactic, I have asked for my baking history and sent £10 in on 3rd of April, reminding of the Data Protection Act. I sent them many letters and phoned many times always getting a defferent excuse and the final one was the best (I asked to speak to someone with some authority who could deal with this matter, a customer relations manager) He told me that to get seven years they would need to contact Bank of Scotland archives to pull out the statements , this was after I had given him the sort code and the account no. He did sound very humble and the very next day I was sent charges for the appropriate dates (not my banking history as required). Because the Data Protection Act had been breached I wrote to the ICO who I knew could do nothing regarding the charges but he could take action regarding the breach of the Data Protection Act. On the 12th May I had written to the FOS telling them the problem but they sent my complaint form back and asked me allow the Halifax 8 weeks from the date of them receiving the letter from the FOS to put the matter right (they have not done so )- as by my calculations on a spreadsheet they owe £2816.00 they did write to me the day before I was due to put in the complaint to the FOS and offered me a goodwill gesture as thy put it of £1216.00, I refused it and carried on with my complaint to the FOS.

[S2art]

Hi all,

 

Could I ask for some advice please:

 

I have gone as far as actual court action, Halifax offered a partial refund without predjudice and then following this withdrew it and totally deny any acceptance of my claim.

 

This was some months ago as I have been away can I continue to claim by court action? What is the best method, online or via my local court and finally who do I name on the claim is it a person or just Halifax bank PLC?

 

Many thanks

 

S2art

[sea-sidelady]

You should start your own thread, as you will get a lot more help that way.

 

You can carry on your claim and file at court within approx 6 months.

If it has been longer than this, you will need to start again.

 

If you are ready to file, please use the N1 and file at your local court.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110545-urgent-all-mcol-claims.html

[philoanon]

Hi, I got my bank charges quite quickly from the Halifax, after a follow up phone call. I then sent the first letter of action explaining the unfair bank charges etc - they replied with in 40 days however told me that no action can be taken untill this court case (to find out if its ok to take customers money) has gone through, this could take years. Do i continue??? What do i do? Thanks

[TANZARELLI]

Good Luck

[**Tilly**]

hi philoanon

if you start your own thread you will get a lot more help that way

[sea-sidelady]

Hiya Philoanon,

 

As Tilly says, you need to start your own thread as you can get lost in other peoples, as no one an follow your progress.

 

Just go to the main page, click the box "NEW THREAD" give your self a title ie.. philoanon V Halifax and start posting.

 

There is a more in depth guide in my signature. A how to.

 

As for your claim. YES carry on.

[Dusary]

I have received (finally) statements from HBOS going back to 1995.