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Statements beyond 6 years


richwhit1
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Hi all,

 

Just wondered if anyone has had any success in obtaining statements from the inception of their account from First Direct and not just for the last 6 years? I've only received the last 6 years statements from FD and want to be 110% sure that there is no way that they can provide me with statements prior to this.

 

Any advices - as ever - v.much appreciated.

 

richwhit

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You will nly be able to claim charges for the last six years and there is only an obligation on them to keep data for six years so I think you will be out of luck in trying to go back any further.

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  • 4 weeks later...

Just for everyone elses info if you are trying to get statements beyond 6 years from FD they have written to me today categorically stating that they do not have statemenst prior to Dec 00 available.

 

They do retain notes on manual intervention but of course this gives no idea of any charges taken.

 

Guess theres nothing that can be done then if you want to try to claim back charges from FD but haven't retained your statements!!

 

richwhit

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Hi, I like others have been with FD for over 6 years, in fact about 11 !!

 

I have kept some statements which are over 6 years, any ideas how practical it would be to claim beyond the 6?

 

I don't wish to complicate matter but is galls me to think that I have another 3 years worth of statements which will have some reclaimable charges on them

 

Thanks

 

sng

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HSBC and FD clearly operate similar data retention policies. It is important to be clear on the facts here:

 

A Subject Access Request entitles you to ALL information that is is covered in your request - if you have asked for ALL transaction history held by the bank then they have to comply. There is absolutely NO time limit on this.

 

However, and as has been pointed out here and also in my own Spicey thread, the bank policy is data destruction after a period of six years. The bank is entitled to do this, and they must confirm that this has taken place.

 

As for claims going back further than six years this has yet to be proven (there are a few that have been for six and a half years, but that is more about timing than anything else...

 

It has been well discussed that there are exemptions to statute barred claims, and I am trying this myself. Whilst I have been vindicated in every single action against HSBC, I realise that I have an uphill struggle on establishing a statute barred exemption principle...but I will keep people informed if there is any progress.

 

As for your original question: if FD have stated that they no longer hold the information then there is very little that you can do. However, they have committed themselves to this position regarding your claim, and should you be able to prove that charges were applied further than six years ago, they will have a very hard job convincing a judge that the claim has no merit - what are they going to base their defence on???

 

Good luck anyway.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Just following re my query for claiming beyond 6 years. Having raided the loft I have just gone through another 3 years of statements and calculated over £1000.00 worth of charges dating from 1994 to 1997.

 

Prior to adding it up i was content with sticking to the 6 year claim, however the though of allowing FD to keep over a grand of my money is too much !!

 

Does anybody know of anyone that has successfully claimed back beyond 6 years, I am very tempted to have a go and see what happens.

After all, if FD don't have the records how can they dispute what I am claiming, notwithstanding that i may have to provide them with copies if we got to court.

 

Any thoughts/advice welcomed?

 

sng

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