Claiming beyond 6 yrs - important new information!!!

[noomill060]

kerrie-

 

"I have it in black and white on Abbey s reply dated 19th January that

 

"unfortunately, we are unable to provide any information on your account prior to 2001 as any transactional data before this date has been deleted.

Abbey are only legally obliged to provide transaction data for the last six years. Anything in excess of this period has been destroyed" "

 

Send them this:

 

Dear Sir,

 

As you state that all data older than six years has been destroyed, I now require you to provide the following within 7 days:

 

Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts relate.

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails, microfiche or computer records containing my personal information, or any records which pertain to this information.

Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

Full copies or transcripts of any computer logs, microfiche or database records kept in relation to myself or in relation to my financial or personal information.

Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Full hard copy print outs of any of my personal or financial information held in a digital, magnetic, microfiche or any other format which is held in any archives, backups or other storage devices / locations. And Audio files

Your registration number with the Information Commissioners Office.

Your Consumer Credit Licence number.

Your VAT registration number

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

[noomill060]

You could also ask them on what legal basis they claim that they are only legally obliged to provide data younger than six years.

 

You could point out that the Limitation Act 1980 states that in cases where a defendant is suspected of concealment, fraud or an honest mistake, there is no defence of limitation.

[MNM]

I have just had a settlement from Halifax for the last 5 years worth of charges(I am in Scotland).

Can I now request, and claim, charges from the same account, for charges gained before those 5 years.

 

I have read through this thread and it isn't clear how this will work in Scotland.

[gizitbak]

How would you handle it if the amount owed was significantly higher than the small claims court deals with?

[photoman]

Anybody else noticed that there seems to be an awful lot of "guests" on the site at the moment ??

[saddler10]

Well, my first to the site in a long time, seems like I have a lot of information to catch up on!

 

Paul

[Mendipman1]

Nomill060 latest misssive all encompassing; has this had a legal overview?

 

The prior assertion, on the face of it 'You could point out that the Limitation Act 1980 states that in cases where a defendant is suspected of concealment, fraud or an honest mistake, there is no defence of limitation' has bonafide implications; my experience of 'lay' advice has taught me to be cautious.

 

How confident is Nomillo060 on bth counts; presumably some of our subscribers, versed in law?

[noomill060]

You are very wise to be wary of legal advice from strangers.

 

For verification read the Limitation Act 1980.

[noomill060]

And yes, we seem to be attracting a large number of guests.

 

Hello! **waves @ guests**

 

What could there be to interest them?

 

Perhaps some of them are familiar with the Limitation Act?

 

In which case, more than anyone, they know that this is going to get more expensive than the banks could have possibly imagined...

[noomill060]

Unless,(and not for the first time) I've totally misunderstood bankfodder.

[superclio]

I have a couple of questions.

 

1) I currently reside in the US and have got as far as receiving the 6yrs of statements and totalling them, with interest. Will it matter to the small claims courts that I do not live in the UK right now? I am an English citizen, and have had an Abbey account for almost 15 years, so under English law and as an English citizen I should be entitled to the money back as anyone else is, I'm just not sure how not being in the UK could affect whether I can claim in a small claims court.

 

2) If need be I could time a court date (should I be able to claim through the small claims court) with a visit to the UK to make sure I am able to turn up, if it comes to that. But what is the turnaround from submitting a claim to receiving a court date?

 

3) I have all my statements from the beginning (1992) but they are in the UK. Is it better for me to just plough ahead and claim for what I know in the last 6 years, or wait until I can access my original statements (since Abbey it seems have no record of them) and then claim for everything? My concern being the longer it takes me to put my claim in, the less likely they are to settle as they will have come up with some strategy to turn down claims since the floodgates are well and truly open and I don't know who long this can go on for, even if we are in the right, legally speaking.

 

If someone can answer these three questions I'd REALLY APPRECIATE IT! Thanks all.

[liz ballard]

Hi there,

 

I've just been advised by Alliance and Leicester today that they keep records for 7 years anything prior to that they may not have but if I put a request to them in writing and pay a charge of £15 per year I want to go back then they maybe able to go back to when the account was first opened in 1989!!! Has anyone else come across this??? Please advise!!

[pford]

Hi there,

 

I've just been advised by Alliance and Leicester today that they keep records for 7 years anything prior to that they may not have but if I put a request to them in writing and pay a charge of £15 per year I want to go back then they maybe able to go back to when the account was first opened in 1989!!! Has anyone else come across this??? Please advise!!

 

bull S**t DPA request covers all info £10 max for all info they hold no matter how old, report them to the ICO

[noomill060]

superclio- do you have a friend or family living in England or Wales whose address you could give as a forwarding address?

 

If so, you could use www.moneyclaimonline.gov.uk , courtesy of Her Majesty's Government.

[noomill060]

If you know all your charges from 1992, there is no reason not to go for all of them, plus all the Contractual Interest you've been scammed out of.

 

Could you get someone to post your statements over to you? If not, it would definately be worth your while to get a cheap flight back to collect them yourself.

[pford]

or go for the charges you can prove now then put a second claim in for the rest. Im starting on my pre 6 year claim soon

[Guest bong]

Hi there,

 

I've just been advised by Alliance and Leicester today that they keep records for 7 years anything prior to that they may not have but if I put a request to them in writing and pay a charge of £15 per year I want to go back then they maybe able to go back to when the account was first opened in 1989!!! Has anyone else come across this??? Please advise!!

 

I would advise writing a letter to the person you spoke to, something along these lines..

 

..further to our conversation today, wherein you confirmed that for a payment of £15 per year you would forward copies of statements back to the account opening in 1989, please send me written confirmation that this information is available so that I can arrange to send the correct payment in advance.

 

I'm not advising that you pay them this money because if they come back with the confirmation you've asked for you can then return a copy of their letter with an S.A.R and a cheque for £10.

[pford]

 

I'm not advising that you pay them this money because if they come back with the confirmation you've asked for you can then return a copy of their letter with an S.A.R and a cheque for £10.

 

ye but if they have all ready done so S.A.R this will be covered allready with the £10.

 

this might be of use in the Indepentent the other day

 

In a move that has angered and bemused campaigners, institutions have been making illegal demands for extra money from people for statements that would enable them to demand a refund.

Instead of paying the £10 fee set out by the Data Protection Act for such documents, customers have been asked for payments of up to £48 for printouts of their details.

 

full story here

Now banks are over-charging customers for information about their over-charging

[oneofakind]

No specific Bank named as demanding £48 data fees, though!

 

597,000 MSE templates hitting the Bank system. Can't help thinking they'd have been better off sent to THIS site.

And are there ANY newspapers who aren't taking the credit now??

[pford]

And are there ANY newspapers who aren't taking the credit now??

 

 

they got to sell papers some how

[Glenn UK]

I would advise writing a letter to the person you spoke to, something along these lines..

 

..further to our conversation today, wherein you confirmed that for a payment of £15 per year you would forward copies of statements back to the account opening in 1989, please send me written confirmation that this information is available so that I can arrange to send the correct payment in advance.

 

I'm not advising that you pay them this money because if they come back with the confirmation you've asked for you can then return a copy of their letter with an S.A.R and a cheque for £10.

 

Can i suggest another approach?

 

My feeling is if you right the letter Bong has suggested you wont get anything they will withdraw the offer when they get the letter.

 

I would ring and ask for a year signficnatlly pre six years and pay for it, when you get it you write back with your SAR and ask for the rest.

 

If they refuse citing destruction of data then you have grounds to take them to court.

 

If they dont send out the letter that Bong has suggested then you have no evidence and wil effectively have no claim for non complaince.

 

JMHO

 

GLenn

[noomill060]

This sounds like a plan, glenn.

 

I am in Court against Barclaycard on 12 May for damages due to their non- compliance when they were making the microfiche argument.

 

They still make that same argument in their defence, despite my partics of claim making mention that I had complained to the Information Commissioners Office and that they instructed Barclaycard to supply me with the statements - regardless of the microfiche argument, (which they eventually did) Im sure you know the microfiche argument.

 

Anyway, in their defence (recieved by the Court on 6 April) they state (again) that they are prepared to supply copy statements from microfiche, pre- May 2004 for £3 each. Nothing about any cut off date pre 6 years.

 

I say again, this is part of their defence so clearly not Without Predudice.

 

Would it be fair and reasonable to believe that, by extension they can also provide copy statements from microfiche pre-6 years from this info?

[noomill060]

My statements have arrived, so my claim is for damages.

 

I wrote to the Court informing the Judge of this and that I wished to withdraw the paragraph asking for the Court to order compliance as this had been rendered redundant by their eventual grudging compliance.

[Guest bong]

I would ring and ask for a year signficnatlly pre six years and pay for it, when you get it you write back with your S.A.R - (Subject Access Request) and ask for the rest.

 

If they refuse citing destruction of data then you have grounds to take them to court.

 

 

makes sense. yeah, you could even just ask for 2 months, say Jan/Feb 1994, saying that you have a query about a transaction that took place around then. might be cheaper than £15!

[superclio]

If you know all your charges from 1992, there is no reason not to go for all of them, plus all the Contractual Interest you've been scammed out of.

 

Could you get someone to post your statements over to you? If not, it would definately be worth your while to get a cheap flight back to collect them yourself.

 

Alas they are in some box somewhere in my parents attic. There is no way anyone other than me could (or would!) trawl through it to find them. I almost thought about bringing them with me but thought why on earth would I need them? If only...

 

If I go ahead with my current claim for the last 6 years (£991 including interest) would that jeopardize my chances of claiming for more than that at a later date?