Claiming beyond 6 yrs - important new information!!!

[Mendipman1]

BANKFODDER

 

We laity require some direction, pace The Times, 27 April 'OFT to examine service & fees'. Presumably The Consumer Action Group, a principal consultee?

 

Have you considered, a electronic link ten-plate for your membership to similarly engage?

[lincsman]

Just received my statements from Lloyds and had originally requested statements for past 6 years from the date of my letter.

 

The letter they have sent with the statements states:

 

"Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever date is most recent.If you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you.

 

*Please send any remaining statements prior to 1st September 2001."

 

Looks like they are expecting people to claim further back than 6 years doesn't it. Anyway sounds too good to be true.....but will have to wait and see!!!

[Glenn UK]

Dear Bankfodder

 

Please!! Please!! Please!! I am really hoping you will be able to advise us.

 

We put in an S.A.R - (Subject Access Request) for six years at the end of March 2007. Thanks to you and this excellent site we have now found out we can go back further. Can you advise us how to go about making a further request for the remainder nine years??

 

Many thanks and regards

Deeks

 

If you used the SAR template from this site you have already asked for the info for the while account history not that last six years.

 

If you used somoene elses SAR and it stated six years, you copy it and change it to say from the opening of the account up until six years ago from when you submitted your SAR.

 

HTH

 

GLenn

[Glenn UK]

Just received my statements from Lloyds and had originally requested statements for past 6 years from the date of my letter.

 

The letter they have sent with the statements states:

 

"Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever date is most recent.If you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you.

 

*Please send any remaining statements prior to 1st September 2001."

 

Looks like they are expecting people to claim further back than 6 years doesn't it. Anyway sounds too good to be true.....but will have to wait and see!!!

 

YOu could use the templates from the library reminding them they have xx days left for complaince of your origianl SAR, if you used the template from the site then you have already asked for all your info and you are entitled to it. This letter they send allows them to argue you didnt want your data if you dont send it back sharply.

 

HTH

 

Glenn

[lincsman]

Did send the template letter from site but only requested six years info as thought that is all could claim for at time...lesson learnt.

 

The letter they sent with my INCOMPLETE statements (given as far back as Sept 01, so missing 6 months) stated if I wanted any further statements it would take longer as they are archived and "under the terms of the Data Protection Act, we are allowed up to 40 days to fulfill your request"

 

As I originally only asked for 6 years info I would like to tell them that I expect the rest of the missing data immediately as their 40 days is up or should I give them a further 14 days to send it all ??

 

Has anyone else done this??

[Perseus]

Hi lincsman,

I also received this 'fill in and return' form from lloyds.

I returned it, with a covering letter, telling them that I specifically requested ALL info for the account history, and their use of the microfiche arguement has been received as a deliberate attempt to frustrate and delay my legal right to that information.

I gave them 7 days on receipt. Received 8 days later!

Be firm.

 

Pers

[noomill060]

In bankfodder's opening post on this thread he states:

 

"In the case of the Yorkshire and Clydesdale (and presumably the Northern bank as well, as they use the same CYNthesys system)banks we would suggest that even where claimants have accepted full and final settlements or have accepted compromise settlements that they should now go back for anything outstanding on the basis that the Whistleblower disclosures show that there has been concealment and that any full and final agreements are now vitiated by that concealment."

 

I wonder if this clear concealment also be used to vitiate a refusal to comply with a SAR?

[noomill060]

"(and presumably the Northern bank as well, as they use the same CYNthesys system)"

 

are my words and should have appeared in italic.

[noomill060]

If one has written evidence from a bank that transactional data from yonks ago exists, but that it would take disproportionate effort for the bank to supply it, under your S.A.R - (Subject Access Request), would it not be simpler just to ask a Court to order the bank to supply it under an injunction?

 

It would cost a lot more, £150 or so, but clearly it would be well worth it, if that data revealed charges from many years ago, with many years contractual interest accrued.

[kennyh]

Glenn-Bong-anyone,

Any thoughts on #474 please; I have a vested interest having just launched £17k of pre 6 year claims and don't want my tender parts handed to me on a platter.

[Glenn UK]

If Bong is correct in "Taylors v Nationwide 3rd time" AND If we are now using the Whistleblower information (how solid can we assume that is) as the trigger for s32 based action, AND if the banks have steadfastly refused to justify their costs, and defend themselves in court, since the cases referred to (AND since with due diligence, deep pockets and large legal divisions, the banks COULD have found that their charges were a penalty under common law) does that not give a new degree of credence to our claims of pre 6 years?

 

Personally i don't see Whistleblower as the crux of claims for use in sec 32. read the case law thats been quoted and make your own mind up. Certainly its good for claims against Barclays but other banks will simply say it wasn't me guv.

 

There are three parts to sec 32, and they can all be bought into play.

 

Bong, myself and loads of others have reclaimed charges significantly older than 6 years already before Whistleblower.

 

With a well prepared claim and claimant it should be no bar.

 

Having said all that there are tactics for us to use to make sure we get what we want.

 

Glenn

[PeterAnderson]

lincsman - Many thanks for this. I received the same letter yesterday and never spotted the word OR between when you opened your account....OR 1st Sept. Been busy all day entering my data onto Vampire's SH and it looks like £20k+

 

Many thanks again - another letter, more delays, they sent in the info at 35days, so I guess rather than wait I will split the claim up into bits -;)

[kennyh]

Glenn

Having said all that there are tactics for us to use to make sure we get what we want.

 

And these might be sir?

[Lewt]

hi imgoingtoget allcharges back from hsbc, but the only info i have is the address i used to live at, i know this should'nt be a problem as i have done this with a couple of other banks. but is there a template for this?

[TANZARELLI]

hi imgoingtoget allcharges back from hsbc, but the only info i have is the address i used to live at, i know this should'nt be a problem as i have done this with a couple of other banks. but is there a template for this?

 

 

I would go into your local branch and get them to give you the account numbers etc, HSBC did for me.

 

Tanz

[smiffie]

Hi,

I need to answer a question from Cobbetts, they have said: Witout prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of the claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this aspect of the claim and/or for summary judgement.

 

Can anyone tel me what they are asking for and what do I need to supply to court for proof.

Any help would be appreciated. Many Thanks

smiffie xxXxx

[Muffintop]

Anyone claimed more than 6 years from Nationwide?skeggsy

[dawny10]

I have had a read through this thread as I have an old Halifax account with charges but all are from 1999 and 2000 so more than 6 years ago.

 

As I understand it, claiming solely for charges over 6 years is unlikely to succeed as it hasn't been established in court that the charges are unlawful and they will go to court to argue this? But claiming for older charges along with those within 6 years may well be successful because they won't actually want to go to court in case the court decides they are penalties.

 

If this is the case, would people still recommend attempting to make a claim for charges that are all 6 years+? Whilst I don't mind attending court, I would want to be fairly sure of winning!

[Muffintop]

hmm I can see how this would be more successfull but how would one guess the charges post 6 years? I guess they would have to disprove you, for example if you took your last 6 years as an average. I would like something more definate on this before I proceed with my next claim.

[Muffintop]

Can someone tell me how they get their threads read by other people? started a new new thread as the old one was an old case and so long dont think people will scroll to the end. really need some more advise onthe 6 year thing and cant seem to get any response. nationwide v skeggsy

[Perseus]

Hi skeggs...

 

Copy and Paste the following in as a new reply in your old thread, asking them to have a look 'please'.

Anyone who is/has subscribed to your old thread will/should get notified of the new post in your old thread, see the link to your new one and click over...

Hope that helps.

 

http://www.consumeractiongroup.co.uk/forum/nationwide/86498-skeggsy-nationwide-claim2.html

Pers

[AllNancy]

Hello,

 

I've just read this post and my heart lifted,,,,,,would this apply to a bank account now closed? Also, I had paid hundreds and hundreds of pounds in costs on a regular basis to NatWest over ten years ago,,,would I be able to claim them back? That would actually change my life:) its so much money

 

 

So did mine? I was with Nat.West about ten years ago. I have no idea of the account number.........but I really would enjoy having a go at them. They made my life very difficult through just being inefficient.

 

How the heck do I start?

 

Nancy:eek:

[photoman]

Hello,

 

I've just read this post and my heart lifted,,,,,,would this apply to a bank account now closed? Also, I had paid hundreds and hundreds of pounds in costs on a regular basis to NatWest over ten years ago,,,would I be able to claim them back? That would actually change my life:) its so much money

 

 

So did mine? I was with Nat.West about ten years ago. I have no idea of the account number.........but I really would enjoy having a go at them. They made my life very difficult through just being inefficient.

 

How the heck do I start?

 

Nancy:eek:

 

First of all read the Frequently asked questions here

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

DO READ THE STEP BY STEP INSTRUCTIONS !!!!!!

As you go on, you’ll also find this very helpful:

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

You’ll then need to start your own thread;

Go to here:

http://www.consumeractiongroup.c o.uk/forum/

 

Find the name of the Bank your action will be against.

Click on it (the name of the Bank in Bold Blue)

On that page, you will then find a label saying "Forum Tools" (just under the list of page numbers).

Click on it. It will show you some options.

Firstly, it's a good idea to subscribe to the Forum ,as you'll then recieve updates from people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).

Once Subscibed to the Forum it will redirect you back.

Hit the same button and choose "Start new thread"

Give your Thread a title eg: yourforumname v whatever bank

(choose how often you want updating by email if anyone posts responses in your thread)

 

Then your up and running !

 

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember, any threads you want to follow, you can either choose the thread tools button, and choose subscribe to thread, or simply whenever you make a post in a thread it will automatically subscribe you to that thread.

On the main page I've posted above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.

Once your ready to start , you’ll need to do a schedule of charges to submit to the bank, try this one:

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Best regards and good luck

 

photoman

[alibobsy]

I've seen claims on here where people claimed some current "6 yrs" and previous period as well. But has anyone had a claim settled for the current 6 yrs than gone back and claimed for the earlier period? We settled with RBOS for the last 6 yrs, but wonder if there is any point looking into the earlier period. Thanks guys

I've looked through the RBOS forum, but couldn't spot any claims exactly like our situation.

Thanks Ali

[TANZARELLI]

alibobsy,

 

I am doing exactly that currently, however I have also managed to get a new charge so this means there is a current one in the pot too.

 

Tanz