over 6 years???? any MODS reply

[fergal71]

Is there any legal reason why if I have claimed for 2000-2006 successfully from abbey I can not claim from 1994- 2000 with an estimate of charges being the same as 00-to 06. Using the limitations act below...

 

“S.32(1) of the act says:

© the action is for relief from the consequences of a mistake; the period of limititation shall not begin to run until the plantiff has discovered the fraud, concealment or mistake, or could with reasonable diligence have discovered it.”

[Lula]

Fergal, did you estimate your charges for 00 to 06? did you request your statements? have you requested your statements for 94 - 00?

[fergal71]

no I didnt estimate 00-06 I got statements, approx £3k

I have not requested94-2000 as I am sure they are not required to keep this info for this length of time...

[Lula]

Fergal, before you estimate any costs you have to show that you have gone to reasonable lengths to acquire the information, so I would get a SAR off to them

[fergal71]

do you think it is feasible to claim back for this period and if yes how far back????

[Lula]

Fergal, go take a look http://www.consumeractiongroup.co.uk/forum/abbey-bank/34430-french-abbey-2-a-3.html

[fergal71]

link does not work and search does not throw anything up

[Lula]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/34430-french-abbey-2-a-3.html

[Lula]

that one does, cant imagine why the other one didnt

[fergal71]

sorry found it, they are claiming for 10 years 96-06, in one go...

mine case is a little different but I am sure is still covered by legals..

 

do you think asking for when my account was opened with them up until 2000 and ask for statements.

when I was a student I paid £000,s of charges I am sure.

[Lula]

Go for it, why not

[srfrench]

Wotcha..... just watching your thread after luverly Lula's comment.

 

Do you not have anywhere copies of your statements from over 6 years ago around your house? The reason I ask is that you wouldn't have to bother Abbey with a statement request as they could easily turn round and say we don't keep info that far back. (If I'm wrong anyone, please correct me )

 

No harm in trying however and no harm I'm sure in submitting an estimated claim for that period beyond 6 years ago to a reasonable figure.

 

Have fun

[Glenn UK]

Abbey will say they dont have them, almost guaranteed, but theyre probalby not being entirely truthful.

 

If you served a SAR on them from the temp[late library you did in fact ask them for all your data for the accounthistory.

 

My 1st thought isd to write to them rmeinding them you are still waiting for the rest of your statements.

 

If they dont send them post their reply and well think of somehting nice to write back, probalby a LBA giving 7 days for non compliance.

 

GLenn

[pugsley]

my abbey account goes back to 95 but they only sent me the last six years of statements when I asked for all statements under the SAR. I would like to go back further too.

 

 

How far back (statements) are they legally obliged to keep and give out?

[Glenn UK]

Pugsely

 

I cannot give you a definitive answer since i haven't found one. All i can tell you is that they have to give you all the data you request if its held in a relevant form.

 

I have been unable to find any definitive bit of paper that says they have to hold data for a specific period and then destroy it. The DPA doesn't refer to a period but it does say they can hold it for as long as necessary and leaves it for the data controller to determine, or it implies this anyway. Don't really want to get into an argument about that issue on this thread because its not relevant to the matters at hand.

 

What i can tell you for fact is that abbey hold archived material on microfiche, each record holds hundreds of individual pages of data, statements, letters, etc.

 

I know that for them to remove an individuals records would be difficult and expensive. Two things which make it extremely unlikely that they will destroy your data specifically.

 

Going on further, when we were trying to influence the ICO over Abbeys fiche system, I spoke to a forum member who used to work in the abbey fiche dept. She told me, and i believe provided a sworn statement, to the effect that she was aware that when she worked there that abbey had data going back to 1926 in some cases.

 

All in all unless a bank or CC company explicitly states that your data for account number so and so was destroyed then i would peruse them into court.

 

I would use the courts because it will concentrate their minds since they wont want to lie in court about your data.

 

I would ask the court for an order instructing the defendant to provide all the data you are entitled to under the DPA. I would ask them to confirm if they hold data but will not provide it under the DPA and if so why.

 

If they do not have data for the whole account history then they need to explain why they dont have this data.

 

I am going through this process now with the co-op who told me they were not obliged to hold data for any more than 6 years. I have data from them following the court action over 9 years old.

 

For some reason they wont close out the case by telling me in writing that they have supplied all the data they hold or whether they hold data but i am not entitled to it and for what reason. I have a directions hearing next Friday so will see what they have to say then.

 

HTH

 

Glenn

[craigycoops]

hi

just settled with abbey for 95% of my claim.

this idea is very interesting and i might send them a SAR for all statements from when my account opened in 1990.

 

craigycoops

[craigycoops]

only me again.

thinking about it, when i settled with abbey this week, christine who dealt with it said that she was taking off £150 approx cause i could only claim 6 years from when court action was started not when i approached abbey.

if this is the case can we really legally claim back further?

 

craigycoops

[Glenn UK]

craig you need to do your research into the whys and wherefores, theres loads of threads that discuss these issues.

 

you question should really be can she do that?

 

And the answer is 'if you let her'.

 

JMHO

 

Glenn