Do you have charges going back more than 6 years?

[Ron Baker]

this may be of use.

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/11427-walton-rbos-3.html

 

 

 

 

Thanks Paul,Glenn,Alan for you comments and pointers...they are aware of the concealment issues as this has been mentioned by me in the last letter sent to them on the 18th Oct 06... we stated we will be submitting sections of the Limitation Act 1980 as evidence.

 

Even if it all falls apart at less we have got £232 off the buggers in our Halifax account that they paid in, but we would love the buggers, to pay for all the other years they put me and the wife into more of a financial crisis, by adding these unlawful charges (like being fined for being skint).

 

It becomes very hard to keep on top of your finance when on benefits... due to long term medical condition for both myself and wife.

 

And one other point, if it was all lawful and they have incurred a financial loss because of me not paying monies into the account on time...how come some little clerk can click a few buttons on her computer, and instead of saying computer says no (cough) in me face… say ok we can do it this time... but make sure you have enough funds in you account next.

 

Can someone also explain why you can claim on being miss-sold endowment policies and why they are not statue barred? Or does that come under other regulations

 

Thanks again guys

Ron

[JonCris]

Thanks Paul,Glenn,Alan for you comments and pointers...they are aware of the concealment issues as this has been mentioned by me in the last letter sent to them on the 18th Oct 06... we stated we will be submitting sections of the Limitation Act 1980 as evidence.

 

Even if it all falls apart at less we have got £232 off the buggers in our Halifax account that they paid in, but we would love the buggers, to pay for all the other years they put me and the wife into more of a financial crisis, by adding these unlawful charges (like being fined for being skint).

 

It becomes very hard to keep on top of your finance when on benefits... due to long term medical condition for both myself and wife.

 

And one other point, if it was all lawful and they have incurred a financial loss because of me not paying monies into the account on time...how come some little clerk can click a few buttons on her computer, and instead of saying computer says no (cough) in me face… say ok we can do it this time... but make sure you have enough funds in you account next.

 

Can someone also explain why you can claim on being miss-sold endowment policies and why they are not statue barred? Or does that come under other regulations

 

Thanks again guys

Ron

 

If they took money from your benefits suggest you go after them & here's why!!!!!!!!!!!!!!

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

If they took their unlawful penalty charges from any benefit they may HAVE to refund it as they may have again acted unlawfuly.

By the way the banks know they shouldn't take benefit monies but they do it anyway in the hope the debtor doesn't know. Lovely souls aren't they!! Ask freebird

[JonCris]

Mis selling occured because consumers where not advised that the value iof their endowments could go down & that there was a risk they might be a shortfall for paying off the capital sum of the mortgage.

 

The time starts running from the day you receive a red letter warning of this. The endowment providers have been required to send out these letters for some time & only when you are advised via the red letter does the limitation clock start ticking

[Ron Baker]

JonCris,no m8 they have never tried to get deductions from our benefits, its just that we were on and still on benefits,and when some bugger sends out a letter and charges you £30 for it, that becomes a problem.

 

Cheers

Ron

[haole]

Hi Bankfodder,

 

Re your original request:

 

I have statements going back 7+ years to July 1999.

 

I am now in position where I can

 

A: Submit a prelim for c. £600 inc interest on charges back to my six-year cut-off point and c that through to the bitter end

 

B: Submit a prelim for c.£800 inc interest back the seven years to July 1999 and c that through to the bitter end.

 

OR

 

C: Submit a prelim for the first £600, get that relatively quickly, then pursue the rest of the charges (plus any others if my mum's got my old statements) and c that through to the bitter end.

 

I know seminole let c.1,000 slide on his 11,000, but may pursue it later (he hasn't stated his intentions here)

 

I also know another guy got c.£5,000 going back to 1997 after his bank (unnamed) sent him a letter of intent to defened, then settled before they went to court.

 

I think option B, considering the figures, might stand a chance and set an interesting precedent, but will complicate the process and delay any remuneration.

 

I'd love to hear people's suggestions.

 

Best,

 

Haole.

[iwgunter]

I sent a S.A.R - (Subject Access Request) to HSBC requesting all the statements from date of opening account - roughly Jul 88 - to Jan 03 and they just sent me all statements from the past 6 yrs - again!

 

This was my letter...

It has come to my attention, from an HSBC employee, that you do keep all copies of charges applied to my account since I originally opened it. I would be most grateful if you could send me a comprehensive list of all the charges that you have made to my account from the date of opening to January 2003 inclusive. Each charge should be listed showing the date and amount of each charge, and a description of what it was for. I make this request using my rights under the Data Protection Act and expect your response within 40 days.

 

If your company still insists that records are destroyed after 6 years. Please can you send the proof of authorisation containing my account number for the records to be discarded.

 

I understand that my account is now closed with HSBC, but this information should still be available.

[Guest peed orf]

I sent a S.A.R - (Subject Access Request) to HSBC 7 weeks ago, got a reply Monday saying they don't keep statements more than six years. So I'm using the statements I've got, estimating the total, then I'm planing to go for contractual interest as well! (unless I'm given a good reason not to!)

[maybelline]

have a look in banktemplate letters, there is a DPA non-compliance template. also banks usually have a microfiche record of older data that they can access.

[Glenn UK]

Haole

 

Option B is IMHO the best option, don't be fooled into thinking that just because you leave out the pre 6 years charges that your bank will settle any easier.

 

iwghunter

 

FWIW i have just taken the Co-op to court for much the same thing. I now have data thats over 9 years old, but initially they thought they only held stuff for 6 years. If you want to complain to the Information Commissioners Office then i would do so, i took the Co-op to court and if you want to go that route then feel free to plagiarise my info in Glenn Vs Co-op.

 

Peedorf

 

See advice above and either take them to court, complain to the Information Commissioners Office or both.

 

HTH

 

Glenn

[Charbydis]

I have received my statements from barclays from 1996 to 2005 when th e account was closed. I have a claim in process for the last six years £2300 approx before costs and interest. From when I opened the account until six years ago and have calculated my charges, they come to £1100 approx.

As an experiment I used the spreadsheet to work out the interest due on these at the rate Barclays would have levied on me - it came to £3500 approx (the first charge being £30 in 1996).

I was using a rate of 25% which is Barclays standard rate for unauthorised borrowing I think.

I am holding fire on claiming these until they have settled the first claim.

[JonCris]

JonCris,no m8 they have never tried to get deductions from our benefits, its just that we were on and still on benefits,and when some bugger sends out a letter and charges you £30 for it, that becomes a problem.

 

Cheers

Ron

I'm not sure what your saying but if the bank took their penalty charges from your benefits that where paid directly into the bank then they shouldn't have & they must be refunded.

[emmaf01]

Thanks for that note about benefits, JonCris!

 

As a disabled person on benefits, I have watched my bank take up to £60 at a time in charges out of my account, which only contains benefit payments. Funny how many banks wanted to get business from benefit recipients when the giros/order books stopped...

 

On a charges over 6 years note, I have sent an SAR to the Halifax for my old account (opened december 1994, still apparently open but untouched since last attempt at regular payments 2002) which is at least £1500 overdrawn. I'm looking forward to seeing what information I get back.

[bill-k]

Interesting for me, too, that one JC. Our current account input is almost entirely composed of Child Benefit and Tax Credit payments. We just got stung £25 again from Smile - even though I got them to pay back the last lot of penalty charges by e-mailing them the Template "fiduciary" prelim letter ! I'd like to be able to quote a regulation, clause or statute if I could, next time. Can you tell us where and what ?

 

Emma - fellow night-person - be careful the Halifax don't try the old trick of offering you the moon, getting you to accept in full & final settlement, and then simply crediting it to your old O/D'd account. MBNA did that to me, and I'm still after them for it. From the word go - SPECIFY that you require payment by cheque or draft !!

 

They're sods, they really are.

 

...sorry, miss !

 

Bill.

[maybelline]

emmaf01, thats what happened to me, on was in receipt of disability benefits and the bank took charges the charges from it, my mortgage company then proceeded to pass admin fees on to me while dwp were paying part of the mortgage, its horrendouse, you just cant back on your feet while this is going on. good luck with your claim.

[Pen]

I have had my account with Lloyds for 27yrs when it was originaly just TSB. I had 2 old mortagets with them etc. My question is because the bank has changed names will they still have all my information for the past 27yrs. I know we paid thousand in chargers because in 1984 our mortgaed was defaulted,theychanged it from a endownment to repayment without our agreement. When I recently sent them my SAR i requested information covering my banking history would they have not sent all this to me if they had it. Should I send another SAR and another £10 this would seem unfair to have to pay twice don't you think. How would you advice I follow this up

Pen

[emmaf01]

Hi Bill-k.

 

Believe me, I've seen most of the tricks the Halifax have tried to pull, and I expect nothing less from them! Great idea to specify payment from the start, I'll remember that.

[bill-k]

I have had my account with Lloyds for 27yrs when it was originaly just TSB. I had 2 old mortagets with them etc. My question is because the bank has changed names will they still have all my information for the past 27yrs. I know we paid thousand in chargers because in 1984 our mortgaed was defaulted,theychanged it from a endownment to repayment without our agreement. When I recently sent them my S.A.R - (Subject Access Request) i requested information covering my banking history would they have not sent all this to me if they had it. Should I send another SAR and another £10 this would seem unfair to have to pay twice don't you think. How would you advice I follow this up

Pen

 

Pen, I believe the merged bank also has "merged" responsibility for your records. They will, however, quite possibly try and fob you off with less data than they actually hold, and you might well have to be a bit forceful and determined with them. I don't think another £10 will get you anywhere, personally - your original £10 should cover everything.

 

You might have to complain to the ICO (you can lodge it online) if they don't come up with your data, and/or good reasons why not.

 

HTH

 

Bill.

[JonCris]

If they claim they do not retain records over 6 years old demand to know when, where & how they where destroyed. Look below worked for me!

[bill-k]

If they claim they do not retain records over 6 years old demand to know when, where & how they where destroyed. Look below worked for me!

Can't see your sig, JC - I dunno what they're doing, but sigs seem to be intermittent.

[JonCris]

Got all mine including the microfiche records going back over 6 years

[chezt]

Can't see your sig, JC - I dunno what they're doing, but sigs seem to be intermittent.

 

Think they only appear on posts of 100+ words - and even then only once in a thread as far as I can see ... ?

[mcuth]

Can't see your sig, JC - I dunno what they're doing, but sigs seem to be intermittent.

 

Have a look here for the answer to the signature question

 

Cheers

 

Michael

[bill-k]

Have a look here for the answer to the signature question

 

Cheers

 

Michael

Thanks Michael. Got it.

[Pen]

Hi I have posted a PM to jonchris, Jon maybe you can PM the sig to me if you don't mind that is

Thanks

Pen

[chezt]

Hi I have posted a PM to jonchris, Jon maybe you can PM the sig to me if you don't mind that is

Thanks

Pen

 

Pen if you click on JonCris name and select 'public profile' there is an option there to view all threads he started - you should be able to find the one you want from there - hope this helps?