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asking for backdated statements(important info for scots)


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after a meeting with the the govan law centre,mike dailly who has kindly taken up my plight informed me that you can only ask for 5 years back statements in scotland.

 

I think what is meant here is that you can only claim back for five years in Scotland, which is indeed true under our statute of limitations. You can ask for statements back further if you wish.

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I would recommend that people start getting all statements with view eventually to reclaiming money beyond the limitation period.

I would suggest that a first claim be made within the limitation period.

 

Afte that has been settled then go for one beyond the limitaion period.

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I began reclaiming my charges unaware of this and am at LBA stage (1st of 4 claims ). I had a phone call from BOS customer relations yesterday offering a paltry £150 back . they did not mention that I had gone beyond the 5 year limit so I will for now continue with my original dates which is July 2000.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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steve - Send the lba asking for only £750 max. Go through the whole process. Get £750 back. Repeat until you've got the whole lot. Good luck :rolleyes:

 

michaelhossack - you can "ask" for statements as far back as you want. It seems the company has to provide ALL information it holds on you. So if old Betty wants her bank statements from 1923 to current date :eek: and IF the bank has this information stored somewhere then she has a legal right to this information. (banks are only legally obligiged to keep records so long however)

Have a look here: http://www.ico.gov.uk/eventual.aspx?pg=SR&cID=6789

The fives years in Scotland / six years in England is the statute of limitations and as far as I'm aware is the only to do with how far back you can claim in court.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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steve - Send the lba asking for only £750 max. Go through the whole process. Get £750 back. Repeat until you've got the whole lot. Good luck :rolleyes:

 

I have my LBA ready to deliver this pm, so still time to change if you think this incorrect. I have included my total claim, £2760, but have explained why I am only claiming £740, and have attached my excel spreadsheet showing how the full amount will be divided up. My thought was they might be settle the full amount in one go rather than repeating the process another three times.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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I have my LBA ready to deliver this pm, so still time to change if you think this incorrect. I have included my total claim, £2760, but have explained why I am only claiming £740, and have attached my excel spreadsheet showing how the full amount will be divided up. My thought was they might be settle the full amount in one go rather than repeating the process another three times.

 

I sent all my letters asking for full amount £2116......

 

I wanted to make it appear that rather than me splitting the full claim of £2116 into smaller £750 chunks....i was actually taking each charge as a seperate offence, and bundling them together

 

on my LBA i wrote a piece on the bottom of the letter that said along the lines of......:

 

i am asking for a full refund of £2116 for a total of 62 seperate penalty charges, however rather than claiming for each seperate incident, and in order to 'minimise liquidated losses' to the unsuccesful party, and also to make best use of the courts precious time, i will be bundling them together in approx £750 claims. The first claim for £738 plus fee, plus interest will be submitted without further notice. Subsequent claims will be submitted upon the succesful outcome of my first claim....

Hope this helps you a bit....any other problems drop me a message

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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I have put the following paragraph in my LBA

 

Charges applied to account between 28-07-2000 and 02-02-2006 totaling £2760. Due to limit of Scottish small claim procedure of £750, first claim (of four) of £740, please see attached spreadsheet.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Guest Lueeze

Do you think that this might give them cause to defend?

 

Just cos they might want to stop it spiralling out of control and being sued like 10 times over instead of once!

 

It would look bad for them if they defended then lost and kept loosing to the same person though!

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I have had a change of mind and removed that paragraph and am making request for repayment of £740. Once this is settled I will repeat for the next £740 and so on until all settled.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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thats the way i did it,

1)2005sep-dec =£618 offered half so far

 

 

then i was silly/over enthusiastic

2) and went for jan 2000-nov2000 =£670

3)+dec 2000 £215

(all plus % and costs)

then i remembered i cant claim this through court as its outside limitation period ,but since its such a high ammount i might chance it and see if they offer half again.it wont go to court unless they ignore it.

 

 

ive got £3000 ish left to go after this

1)wintermare vs abbey

SETTLED £1901

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  • 3 weeks later...

I mailed a request to my bank (Clydesdale) for details of all charges applied to my account for the past five years but received a reply which read:

 

 

Bank statement information held by us for the period prior to July 2005 is not stored in a 'relevant filing system' as defined by the Data protection act 1998. Its is therefore not within the definition of 'personal data' and is outside the scope of individuals access rights.

 

Copies of statements issued prior to July 2005 are available, but are subject to a charge of £5 per statement.

 

Has anyone come across this before? It may be possible for me to retrieve my old statements but they'll take some finding.

 

While I'm posting, from what I've read of the "charges" being claimed back they mainly seem to be charges applied for exceeding limits ie the large charges of £25-£39 but Clydesdale bank have operated a system for years whereby when your account is in overdraft they charge for every transaction made on the account (service cherges) eg 51 pence for a manual debit or 30 pence for an automated debit. Are these charges also worth pursuing for refund?

 

Thanks for reading and my apologies if this is posted in the wrong place.

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  • 2 weeks later...

I have been like a sponge... taking in all the information and advice I have recieved from this link with regards to a claim I am making against Clydesale Bank( which is thoroughly appreciated) for roughly £4500. I have altered the "standard" reply that has been taken from this sites library and hopefully covered all angles in my letter with regard to possible replys from the bank in the prelimenary stages with my DPA request. If anyone can tell me how to send this from microsoft word to this link(as I am pretty useless with that sort of thing), for viewing(and critisism)it would be a great help for me and hopefully for anyone else pursuing a claim aginst any of these robbing bast***s.

best of luck!:)

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i am asking for a full refund of £2116 for a total of 62 seperate penalty charges, however rather than claiming for each seperate incident, and in order to 'minimise liquidated losses' to the unsuccesful party, and also to make best use of the courts precious time, i will be bundling them together in approx £750 claims. The first claim for £738 plus fee, plus interest will be submitted without further notice. Subsequent claims will be submitted upon the succesful outcome of my first claim....

Hope this helps you a bit....any other problems drop me a message

I have a letter ready to go asking for the full amount (£3000) but no mention of splitting it up. Will this affect my ability to claim in lumps of £750 or should I send the Excel spreadsheet and a breakdown of each claim I intend to pursue if they do no repay me the full amount?

Lloyds TSB - Claim for £759 - Full Settlement Offered - No Terms Implied - 11 Aug 06 :D

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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