Claiming beyond 6 yrs - important new information!!!

[Missy06]

I've spent hours on this site and would like to say a big "thank u!" to everyone. This site is fabulous!!.....I'm on my way to financial freedom....finally!!

 

I have an old Barclays business account. In regard to business account charges, can one claim back charges such as those for credits and debits to one account, maintenance fee, account control fee (for going overdrawn)?

[GRIFF27]

Another question about claiming beyond 6 years. Do you think it will be harder to claim if all charges are older than six years? I have already claimed for charges within 6 year limit just wondering if it would be harder to fight a banks defence if all charges were older than six years wouldn't they just argue the statute limit?

[sally45]

hi my name is sally, i am in the process of reclaiming bank charges. i sent the bank a letter asking for 6 years of statements and they havent responded. i wrote this letter about just over a month ago. what should i do now?

[jansus]

hi my name is sally, i am in the process of reclaiming bank charges. i sent the bank a letter asking for 6 years of statements and they havent responded. i wrote this letter about just over a month ago. what should i do now?

 

start a thread under your finacial institution- they have 40 days to produce information.see template letter - check you asked for correct info and sent £10.00 ?

 

read FAQ and libaries and all the threads you can - there are instructions on here on how to proceed .

 

best of luck:)

[dizzy doris]

Wow, this is great news ! Beyond 6 yrs claiming sounds like an excellent idea - do we send SAR and ask for charges to go back to the date the account was opened ?? We had am account with Barclays 7or 8 years ago that we had lots of problems with so we opened one with RBOS - who we have just agreed a settlement of £6500. I shall be sending Barclays a letter through in the next couple of days I think !

[noomill060]

Banks keep account details FOREVER.

 

Just found this:

 

How long do banks have to keep details for? | Ask the experts | Guardian Unlimited Money

 

There is a link to the British Bankers Association website where you will find a form to discover your dormant accounts.

[woodentop]

Wow what good news this thread is. Banks here I come. Am I correct in assuming that charges on business accounts fall into this category? Apologies if this is a dumb question. Have not started on old business account yet and would require statements back 19 years - would be great.

[delphi]

You don't need to give them another 40 days. Simply send the non compliance letter for the SAR. They are obliged to send you all info they hold on you under a SAR not just the last 6 yrs. If this is all they have sent they have not fully complied with your original.

 

 

 

Thanks to all for the advice

 

Hi zootscoot, when i asked for my statments i used martins money saving tips template and it did only request six years, so this is my dilemma.

 

Do i have to start all over because of this as they did comply with my request

[zootscoot]

If you only requested six years they have complied with your request. Also there is a chance they will not reply to the second as they do not have to comply with second request if it follows shortly after the first. I can't remember off hand what the relevant time period is. If you look in the DPA you will find it.

[Guest bong]

its here delphi

 

(3) Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.

(4) In determining for the purposes of subsection (3) whether requests under section 7 are made at reasonable intervals, regard shall be had to the nature of the data, the purpose for which the data are processed and the frequency with which the data are altered.

[Perseus]

I'm sure I read it is a period not less than one month after a previous request...Im looking...

P

[Perseus]

Whilst looking, I bumped into this link. It is how to trace any old accounts but cannot remember all the details. Online request, snail mail etc, it's all there.

From the British Banking Assosciation.

 

BBA - British Bankers' Association - Dormant accounts

 

P

 

Noomill - sorry it looks like I found the same link.

[delphi]

Thank you you two are dynamite.

 

Thank you perseus.will do some digging

[HALIBUNNY]

I am having big trouble with Barclays credit cards getting statement info and I know other people are reading the Barclays thread. I originally asked for 6 years info. After they had gone over the 40 days I got about 2 years info and then telling me the rest was on microfiche and they weren't obliged to send it me but as a matter of good will they would. I wrote and told them they had committed an offence and now wanted all info they held on me. After about 90 days received another 2 years info going back to July 2002 and a statement saying "this is all the info on this account that we hold!" I think this is becoming a general ploy. Any advice on the best way to getting hold of it all? Should i send the destruction of info letter discussed earlier on this thread? Write to the ICO? Take them to Court? All three?!

 

Cheers

 

Halibunny

[HALIBUNNY]

ps. I thought the above was relevant to this thread because I'm trying to point out a basic but now major stumbling block in getting info over 6 years when within 6 years is being made difficult. HB

[Perseus]

Hello everyone,,,,,,,I can't stop reading this......brilliant!

 

I just called Natwest customer services and they told me they wouldn't be able to trace anything without my old (closed account) account number, which I haven't got.........that can't be right, can it? So how would I get that then if they can't give it to me.......it was approx 10 years ago so would that be a problem?

 

Can anybody advise me please? I'm determined to get back what they took from me, was a fortune in charges and they really showed me no mercy whatsoever,,,,,would be so good if I could claim them charges back,,,

 

Hi Wannagethelp

 

Look at the link above - it may help you!

[delphi]

Hi hallibunny, barclays gave me stats back to the beginnig of 2001 from my first request.lets see about my second ??

[Steeley]

If you have a CCJ then it's a good time to have it questioned as they will have ackowledged the charges in the debt even though it may have been over 6 years ago. Example..CCJ against you 5 years ago for debts run up 3 years previous to that.

[Dusary]

does this apply in scotland aswell as i have heard that you can only claim for 5 years in scotland.hopefully it does!i have at present got a sar in on intelligent finance and one in on the bank of scotland.35 days gone and still waiting. do i chase them up or just wait till the 40 days are up?thanksandromeda411

 

 

Well! Yesterday I went into a branch of HBOS in Scotland and requested the pre-6 years' statement - for one a/c going back to 1987. There was a bit of consternation (at first) but the lad processed my request and said he'd let me know the outcome. (He wouldn't accept my £10 - "Just in case," he said.)

 

As for the Scottish £750 limit (Small Claims) asked a couple of postings above - I wouldn't worry too much - there are other routes one can take (I've been advised).

[Dusary]

On the 5 yr limit, you are actually doing very well.

The Scottish limit runs from the date upon which you should reasonably known about the breach - meaning the unlawfulness of the charges.

There is a long stop of 20 yrs but this is of no relevance to most people

 

Mmmm! "The Long Stop of 20 yrs" - I hesitate to argue against Bankfodder here - especially as a VERY newbie - BUT - It is of MAJOR relevance to me! If my HBOS charges for 2 a/cs over the 6-year period total over £15,000 (without interest) - then what might they be over the 20 year limit?

 

I'm going the whole way! I have requested 20 years' statements from HBOS from one a/c and the pre 2001 statements for the other, going back to the date when it was opened (1990 - I think!).

[kennyh]

Zoot,

2 Questions

a. would the 'reasonable period' rule for second SAR requests be valid since we're talking concealment by the banks, which have lead to this request? and

b. Is there a new template which includes suitable remonstrable wording and case-law which we would be required to quote upon going back 6+ years?

Bye the bye - so very well done to you all in coming up with this 'twist'.

ken

[carpboy]

Im sure that there must be dozens ,if not hundreds of people who are in the middle of getting back their 6 years of charges who..like me will be interested to see any template/letters etc enabling us all to reclaim charges in excess of 6 years.Importantley is the fact that some banks are claiming to only have copy statements for 6 years and not any further,i hope to see on this web site templates etc in tackling this problem ,and also contacting your bank to put in a further claim in excess of 6 years even though you have just got back your 6 years worth

[Guest Battleaxe]

I am having big trouble with Barclays credit cards getting statement info and I know other people are reading the Barclays thread. I originally asked for 6 years info. After they had gone over the 40 days I got about 2 years info and then telling me the rest was on microfiche and they weren't obliged to send it me but as a matter of good will they would. I wrote and told them they had committed an offence and now wanted all info they held on me. After about 90 days received another 2 years info going back to July 2002 and a statement saying "this is all the info on this account that we hold!" I think this is becoming a general ploy. Any advice on the best way to getting hold of it all? Should i send the destruction of info letter discussed earlier on this thread? Write to the ICO? Take them to Court? All three?!

 

Cheers

 

Halibunny

 

 

File an N1 for non-compliance, This will focus their hearts and minds

[Perseus]

Thanks BA ;-)

[Barry Kushner]

If I have made a claim for 6 years, can I make an additional claim for the previous years as well?