Claiming beyond 6 yrs - important new information!!!

[pattacake]

Have just recieved 6 years worth of statements from HSBC-any one have any idea how far back their records might go and how do I request further statements? taking it its the same as original request letter almost.

Also-what do you all mean br SAR? apologies for being so thick but al the jargon and abbreviations are beyond me.Heads spinning.Any help much appreciated.

[Glenn UK]

hi standingup

 

If they are declaring that the account had an oustanding balance when closed, and that the account was closed in 1999 - they will almost definitely have details there.

Was there ever any legal/default discussions on this account?

Is this in response to a SAR?

 

If so, I would repeat the request, confirming the microfiche data is a relevant filing system, and if the data has been destroyed, you want the method of destruction, by whom, when, and if they are not willing to supply due to s5 of the 1980 limitations act, counter it with a s32 statement that they have concealed that their charges are disproportionate to their actual costs, and therefore the 6 year statute is not relevant. The Limitations Act doesnt apply to data retention so if they quote it, then the best reply is to point out their failings and re dicrect them to the DPA. Trying to use Sec 32 only shows them your limited knowledge i think. I doubt they will use that argument anyway they may just supply only six wirths presuming thats what you want, but that is a different argument.

BTW if they only provide data for six years then you might like to remind them that they have supplied data to others, me and at least two others with data over six years old in the past.

You could also support this by submitting a cca request.

As part of the SAR, you could ask for ALL information held, on any form of media, along with transcripts of any telephone calls made or received regarding you, any disclosures to or from 3rd parties in relation to any business regarding you, any legal action past or present, and if there was an outstanding amount in 1999, surely they must have information to support how and why it was outstanding?

I'm sure others on here would add to the above re wording?!

 

Pers

 

 

HTh

 

Glenn

[beetlejuice]

Standard Access Request - under Data Protection Act - see Template letters they should have sent you all teh info they have on you if you send them one of these letters

 

Good Luck

 

BJ

[Perseus]

Appreciate the correction Glenn - thank you.

 

Perseus

[Perseus]

Subject Access Request - under Data Protection Act - see Template letters they should have sent you all teh info they have on you if you send them one of these letters

 

Good Luck

 

BJ

You do have to almost 'remind/specify' what all the data is you're requesting, otherwise they tend to assume that it's just copy statements for the last 6 years that you're after!

 

 

P

[beetlejuice]

oops Sorry, end of day and all

 

BJ

 

[TANZARELLI]

There's always one smart arse in the class

 

Thanks Tanz, no offence mate.

 

lol:D

[harejon]

You do have to almost 'remind/specify' what all the data is you're requesting, otherwise they tend to assume that it's just copy statements for the last 6 years that you're after!

 

 

P

 

this is what I'm thinking for my info from barclays. I closed the account in Nov 2001 but apparenlty they hold info going back 12 years currently. I closed that account due to the charges I was receiving. That should be around another 6 years worth of charges I can claim back then.

[kennyh]

Glenn & Els,

Little grey cell trouble again! Sorry to be such a wazuck and thanks for the steer.

Ken

[beenrobed]

re abbey I am still waiting for the rest of bank statements they are well over the 40 day deadline. :29 jan 07 first letter with £10.00 fee

12 feb 07 I recive statements back to 11/05 rest to follow. 13/03/07 I phone to remind that 40 day dead line runs out 16/03/07 ROY i will chase it up !

29/03/07 non compliance letter sent.

no reply. 04/04/07 i informed ICO they reply byreturn.

10/04/07 sent a failed to comply letter R/D giving 7 days to comply not a word back.

20/04/07 today went to file at court will have to wait a couple of days as short of cash.

Should i ask for bank charges for the statements i have got or wait?

or say in the year i was charged £1350.00 and times by six and live in hope.

11/04/07 I phone and lodge complaint .LYN was very helpfull.

[standingupformyself]

Hi Perseus

 

Thank you for your help. You have said to me what I thought myself....If they can tell me when the account closed and that there was monies owing, then they obviously have details on my account.

 

You asked was the account in default> Yes, I had a £1000 overdraft with them for a couple of years, however they withdrew it with a couple months notice. We were not able to pay it back in their stated time scale, and it became a debt with them that lasted a year or two I think.. Not sure if it went to an outside debt collection agency, don't think so.... will be able to tell when they comply with my SAR for my other account, as it should tell who I made the monthly payments to, but I do actually think it was direct into my Abbey account. They state that I still owed money on the account when they closed it. It would have been minimal, ie one or two pounds, eg maybe the last and final payment owed to them was £27.50 but I paid £25 per month, something like that...

 

I will re-read your post, re-mind them of their SAR obligations, and copy the wording you have suggested.

 

If anyone out there has anything to add I would appreciate knowing it....

Thank you Perseus for your invaluable help..

[su2402]

i have kept all bank statements and am surprised people just seem to throw away paperwork. Even more so now eith identity theft.

Anyway I have filed 3 claims against LLoyds and they relate to prior to 6 years and also more recently so shall have to see the outcome

[Perseus]

Hi beenrobed

 

Personally I would wait.

 

If you need any assistance re the wording on the claim forms, there are members here very used to submitting them.

Plus you'll get to claim your fees back too.

 

Just my opinion.

 

p

[Perseus]

Hi Perseus

 

Thank you for your help. You have said to me what I thought myself....If they can tell me when the account closed and that there was monies owing, then they obviously have details on my account.

 

You asked was the account in default> Yes, I had a £1000 overdraft with them for a couple of years, however they withdrew it with a couple months notice. We were not able to pay it back in their stated time scale, and it became a debt with them that lasted a year or two I think.. Not sure if it went to an outside debt collection agency, don't think so.... will be able to tell when they comply with my SAR for my other account, as it should tell who I made the monthly payments to, but I do actually think it was direct into my Abbey account. They state that I still owed money on the account when they closed it. It would have been minimal, ie one or two pounds, eg maybe the last and final payment owed to them was £27.50 but I paid £25 per month, something like that...

 

I will re-read your post, re-mind them of their SAR obligations, and copy the wording you have suggested.

 

If anyone out there has anything to add I would appreciate knowing it....

Thank you Perseus for your invaluable help..

 

You're welcome.

 

 

Thanks for the click!

[pitters]

i have kept all bank statements and am surprised people just seem to throw away paperwork. Even more so now eith identity theft.

Anyway I have filed 3 claims against LLoyds and they relate to prior to 6 years and also more recently so shall have to see the outcome

 

Hi Su. I've kept my statements too and am going to go back before 6 years ago with Nationwide. I will follow your thread with interest!

[universalrafi]

Hi,

I normally keep all my statements from banks and credit card companies,would it be possible to claim beyond the 6 years?

Also can you claim charges even if your account is closed with the bank concerned?

Many Thanks

[harejon]

yes and yes. you can claim 6 years from the date you became aware the charges were unlawful.

[TANZARELLI]

yes and yes. you can claim 6 years from the date you became aware the charges were unlawful.

 

No you can claim charges from whenever you have or can get the statement/account info.

[harejon]

that's not what has been said elseware

[harejon]

No you can claim charges from whenever you have or can get the statement/account info.

 

so if you have kept your statements going back over 6 years you can't claim those fees > 6 years back? but if I requested those statements and recieved them tomorrow I could? are you sure? That's not how I understood it but I've only been reading other peoples posts, I'm certainly no expert.

[oneofakind]

To try and clarify:

 

The six year period is not from now back to 2001 or whatever. The six years relates to the time after you become aware of the unlawful actions of the bank. (most people take this point as being last year's OFT report.)

 

From 'becoming aware', you have a six-year window to make a claim. ie any time up until April 2012!

 

Provided you have, or can obtain, the relevant information, you can claim charges as far back as you can prove them.

 

ie: if you have 1980's statements, CLAIM !!

 

Does that make sense?

 

D.

[scoobydoo1]

I have just sent my letter before litigation to the Royal Bank of Scotland along with my schedule for the past 6 years so i am waiting there response.If now as it seems there is a possibility to claim more than 6 years how do i amend the origional claim or do i submit a new claim dating back for the other years pre 6 years ago.Also i have heard the Royal Bank Scotland has set aside 40 million to pay there customers expected charge claims.

[oneofakind]

Scooby, do you have statements for over 6 years?

 

I didn't get anything that far back, so I'm continuing my standard 6yr claim, intending to follow up with a second one for earlier charges.

 

d.

[harejon]

so I was right then.

[Guest bong]

Scooby, do you have statements for over 6 years?

 

I didn't get anything that far back, so I'm continuing my standard 6yr claim, intending to follow up with a second one for earlier charges.

 

d.

 

other users have managed to get statements going back 15 years from RBS. I don't know if that is a cut off point or if they go back even further than that. see my thread here for details being collated on all the banks http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far-6.html#post747611