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maranatha

Limitations of DPA

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Got my statements today but they only go back six years.

I asked for them ALL.

 

Is there any limitation on age or anything else?

 

Maranatha

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Hi Maranatha.

 

It is not limitations in the DPA. It is the STATUTE of LIMITATIONS which comes into effect over 6 years.

Some users are trying the water with claims longer than 6 years, but it's early days on that.

To go back beyond the statute of limitations, you will basically have to stand up in court and convince a Judge that the bank has committed a criminal offence and then concealed the facts from you. The chances are high that the case would be allocated to fast-track, rather than small-claims, so if you lost the case, you would be liable for the bank's legal costs, which would probably be higher than the value of your claim.

If you want to explore that route, check out the link......

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html.

 

Good luck.

Regards, Rooster.


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Got my statements today but they only go back six years.

I asked for them ALL.

 

Is there any limitation on age or anything else?

 

Maranatha

 

If they havent supplied all the data you asked for they havent complied with the SAR.

 

There are templates in the library for this eventuality and depending on whether the 40 days has expired or not will depend on which one you send.

 

HTH

 

glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Rooster

To invoke s32 of the Limitations Act the claimant doesn't have to prove criminal conduct (although it would be lovely if they did) only concealment or a mistake which with due diligence they (the banks) would have discovered.

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Sorry guys but this thread is not about statute of limitations on claims.

I might starta another thread on that.

 

The question I am asking is whether I can ask under the DPA for more

than six years.

 

I asked for ALL of my statements but they sent me only six and a bit years

saying "These are the records we have".

 

I don't know whether it is true but I suspect that the rest are on

microfiche.

 

Any help please?>

 

Maranatha

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The simple answer is yes.

 

Your Data Protection Act is a request for ALL data they hold. Make sure you make a point of asking for ALL the data going back to whenever.

 

They usually come back with the old chestnut we are only required to retain data for 6 years. Note they don't claim they don't only that they are not required too. We know that Abbey have records going back to 1923

 

If you receive such a response write back along the lines of "In view of your responses please advise when, where and how the data you refer too was disposed of"

 

Also they have already lost the microfiche argument the Information Commissioners Office now consider it to be a relevant system

 

Also check my signature re 2nd August!

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