Clarification of 6 year ruling

[jayne67]

Hi

 

I have just read the thread by Bankfodder, regarding claiming charges that are more than 6 years old.

 

Do I just send the SAR, taking out the 6 year bit, or do I request them to send all data for xx number of years?

 

(Actually the account has been closed for about 6 years, would this make a difference?)

 

We were really scr***d by barclays, and I would love to get my money back after all this time.

Is this possible??

[Tigs33]

I think if you had got your statements going back further than 6 years you could try, but I think all you are going to get from Barclays is them saving that they don't hold details that far back.

[jayne67]

Thanks Tigs,

Unfortunately I don't have the statements, like I said it was a long time ago. Oh well worth a try.

Jayne

[Glenn UK]

Jayne

 

FWIW i believe the SAR can be for all data they hold on you. If you account was closed a long time ago they may have destroyed all you old records.

 

Personally if i had a tenner and wanted to find out for sure i would write to them.

 

 

They will send the standard fob off letters i expect but at some stage they will tell you they dont have the records.

 

It may be that at that stage you ask them how and when they disposed of your records and ask for written confirmation that they have done so.

 

I am not certain that bluff is an accepted way of talking to the bank, but i would suggest to them that you want to make a claim for the return of unlawful charges and need the letter for your claim.

 

You might tell them that you need the data to confrim your estimate and that the fact they have destoryed your data will be required as part of your court submission.

 

To estimate you really need at least some evidence on which to base your estimate and it would be good so fi they ultimately send anything it will be good. Personally I wouldnt tell them i didnt have any statements.

 

I am not certain how to proceed following that becasue even if you get some statements you probably know the banks are arguing that all claims are time barred if more than 6 years old.

 

I dont agree with that statement on the basis I am certain that the banks knew about the potnetial for their chagres to be ruled unlawful, if they knew and concelaed the fact then I dont believe the limitation act is applicable. Proving the argument is another issue though.

 

Anyway Im only guessing, in your place id really like to try hopefully somoene with more experience and knowledge will reply.

 

Glenn

[lukester147]

I managed to obtain 15 years statements from the BOS. I simply asked for all statments from the opening date of account. No quibbles. I am in Scotland with a business account so I don`t know if this applies to personal accounts.

[Wickerman]

.....and using a standard SAR, Barclays sent me statements back to 1998. I suppose there's nothing to stop you working out your charges that far back and making an estimate of the rest. I think there's a thread by Spiceskull who is in the process of doing this at the moment.

[jayne67]

Thanks for all your replies. You have been most helpful. I think I will go ahead with the SAR, and see what transpires. What have I got to lose? 10.00? Small price to pay really for what I may find.

 

Thanks again for your help.

Jayne

[NitrousOxide]

The SAR doesn't have a time restriction, it's the charges that do.

[jayne67]

But does the S32 (1) (b) rule not apply?

 

Jayne