Abbey 6 years

[rhjones99]

Hi

 

I would be grateful for any help. I have read numerous other posts regarding extending beyond 6 years, but not found anything which fits my circumstances.

 

I have made a data protection subject access request with Abbey for statements etc covering the life of my account. My account commenced around 1995. I have today received statements covering December 2005 up to current date, and some screen prints of statements from December 2000 to November 2005. The later has been produced from microfiche.

 

Unfortunately the bulk of my charges occur in 1999, which I reckon are about £1000-£1500. I have spoken with Abbey today, and they were surprisingly helpful. However they maintain that they cannot give me any information prior to December 2000. I have been told that the microfiches dated prior to this have been destroyed. Is this true?

 

They know why I want the information, and the lady I spoke with mentioned they are receiving thousands of requests for the repayment of charges.

 

So is there anything I can do to obtain information before December 2000 or are Abbey correct?

 

The 40 days of my access request will be run out in a few days, so could I move to failure to comly stage?

 

Help!

 

Richard

[Rooster-UK]

The inland revenue required the banks to keep records for six years, plus the current year. So prior to 2000 could well have been destroyed.

Some people have received information going back over six years but this depends on the bank.

 

If you were to put in a claim going back beyond six years then you would run foul of the statute of limitations. This means that you would almost certainly have to stand up in court and convince the Judge that the bank commited a crime and then deliberately concealed the facts from you.

The case would probably be taken out of the small claims court and put into fast-track which, if you lost the case you would be liable for the bank's legal costs, possibly including barristers.

 

To safely stay inside the six-year limit, your claim would have to be limited to six years back from the date of issue of the claim, by the courts.

 

Good luck.

Regards, Rooster.