Claiming beyond 6 yrs - important new information!!!

[Guest Battleaxe]

alibobsy,

 

I am having a second bite of the cherry and like Tanz also copped another charge after the account was supposed to be closed. I am letting the FOS handle this, and they have reported back that A & L wont cough up via FOS, so it is off to court we go.

[BigFatGreedyBanker]

Could someone tell me what to do next please: I sent off my full S.A.R ages ago and received (only) 6 years of statements/charges which I am claiming for at the moment. While that claim is going through I've been trying to get First Direct to send me the info for the other years I've been with them (1.5). I've sent them the "breach of Data Protection Act" letter, giving them 7 days and again requesting the info or signed proof of its destruction etc.

 

They have partly responded to this (but mixed in with a settlement letter they have sent me on the other claim) and have said that they are only obliged to hold data for 6 years. They haven't said they haven't got it, but they haven't said they have got it either and they certainly haven't sent it.

 

Can I actually take them to court for not providing the data or at least for not giving me a definitive answer if they've got it or not? Where do I stand taking someone to court for something I'm not sure they've got and that I can't prove either way? Whats next? Do I send them another letter giving them 7 days before court? Do I actually take them to court after the 7 days?

 

OR Can I make a claim for estimated charges based on my 6 year average? Where do I stand with this?

 

Thanks.

[ripoffstopper]

Hi Battleaxe, I'm also going back to A & L for another bite of the corporate cherry. Would you be good enough to look over my Prelim letter and make any comments you feel are appropriate please? My thread can be found here:

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/87004-please-read-my-proposed.html

 

Any idea when BF will update the template to allow for 6+ years claims?

 

Cheers ROS

[Muffintop]

BUT HAS ANYONE ACTUALLY ATTEMPTED TO GET MORE THAN 6 YEARS? not finding a lot of info on this and definately not getting anywhere with getting my statements, maybe I should just fire offa fictious figure and see if they defend? BF?

[Celicaman]

Hi

Have you checked out bongs claim, 13 years worth........ inspiring

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/76820-calling-all-hsbc-claimants.html#post671596

 

and

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html

 

another pioneer, and one to follow, both have helped inspire me to start 20 year claims ( actually just finished doing spreadsheet, i am totally pink eyed now , hell its 11pm and the bar just opening )

 

CM

[Celicaman]

Sorry second thread is contractual interest not claim over 6 years, but there are others

[Curlyben]

Skegg, I'm currently working on 10 years with LTSB and 7 years with Cap1.

Does that count

Admittedly it took some work to get the statements from LTSB, but I had help from, of all places, their own Internet Banking Help people.

[muggins73]

Good evening all:)

 

Well, I've had no response from Halifax to my LBA in respect of 10 years worth of charges and am just about to embark on piecing together my POC.

 

I'd appreciate a point in the right direction with whether or not to make reference to the Limitations Act? I have read through various threads but most notiably Bong Vs HSBC thread who has mentioned it from the offset and Glenn Vs Abbey thread who has advised not to until it is brought up.

HELP:confused:

[kennyh]

I'm fast reaching this point with RBS so I'll "double" muggins' request.

[muggins73]

Good evening all:)

 

Well, I've had no response from Halifax to my LBA in respect of 10 years worth of charges and am just about to embark on piecing together my POC.

 

I'd appreciate a point in the right direction with whether or not to make reference to the Limitations Act? I have read through various threads but most notiably Bong Vs HSBC thread who has mentioned it from the offset and Glenn Vs Abbey thread who has advised not to until it is brought up.

HELP:confused:

 

I'm fast reaching this point with RBS so I'll "double" muggins' request.

 

Thanks kenny, I'll highlight once more...for the both of us:D

 

We are open to suggestions.......anyone?

[iwantmymoneybacknowplease]

Hi Im new to this and hope this message go,s to the right place. I have just sent a letter to barclays requesting statments but used Martins money template. I therefor only request 6 years worth of info. Is there any way of now asking for the other 3 years that I've held the account?

[iwantmymoneybacknowplease]

Also my dad had a lot of charges aprox 8 years ago. He banked with loyds TSB has anyone recieved statments going back further than 6 years with them. I would love to help him claim these back.

[muggins73]

Good evening all:)

 

Well, I've had no response from Halifax to my LBA in respect of 10 years worth of charges and am just about to embark on piecing together my POC.

 

I'd appreciate a point in the right direction with whether or not to make reference to the Limitations Act? I have read through various threads but most notiably Bong Vs HSBC thread who has mentioned it from the offset and Glenn Vs Abbey thread who has advised not to until it is brought up.

HELP:confused:

 

Bump.

[zootscoot]

I personally would include it from POC stage. There is no duty to refer to it in POC or at all unless they raise it in their defence, however, I know one user had her POC returned and told to take out the older charges where she did not refer to the Limitation Actin her POC. Also another court struck out a claim on its own motion where the claim was entirely made up of an ERC outside the limitation period. Also its more likely that the defendant will apply to have part of the claim struck out. There is the opportunity to object to strike out, however, this is more likely to end up in a hearing. Including the Limitation Act in your POC will not completely eleminate the risk of strike out but would make it less likely.

[kennyh]

As ever Zoot - many thanks

[GRIFF27]

I am trying to get statements from NatWest on an old business account I have a/c number and sort code but they are giving me the has anybody managed to obtain old stsements from NatWest? Any help on how to do this will be greatly appreciated

[muggins73]

I personally would include it from POC stage. There is no duty to refer to it in POC or at all unless they raise it in their defence, however, I know one user had her POC returned and told to take out the older charges where she did not refer to the Limitation Actin her POC. Also another court struck out a claim on its own motion where the claim was entirely made up of an ERC outside the limitation period. Also its more likely that the defendant will apply to have part of the claim struck out. There is the opportunity to object to strike out, however, this is more likely to end up in a hearing. Including the Limitation Act in your POC will not completely eleminate the risk of strike out but would make it less likely.

 

Thank you kindly:)

[emmaf01]

I am about to do my court bundle, of which some of my charges are 6 years plus. Should I include the LA in my bundle, to prempt them?

[moneyinmypocket]

I successfully claimed against the Abbey for the last 6 years - does this mean I can go back even further even though they've already coughed up???

 

Money

[innocent]

Yes money!

 

Innocent

[moneyinmypocket]

Woohoo

 

Here we go again lol

 

Money ;-)

[Perseus]

The continued concealment of their penalty charges, and the blind-siding using their 'transparent and open/clear T&C's' are enough to use the section32 voiding of the Limitations Act, and 'vitiate' any full & final offer previously agreed.!

 

Pers

[southyorksman]

Could some kind person point me to the thread where people had posted how far back they had managed to get statements from various banks. It was a good idea but I can't find it now.

[harejon]

here you go:

 

http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html

[Gazza01]

Southyorskman,

 

Here you go mate:

 

http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html

 

Laters