Claiming beyond 6 yrs - important new information!!!

[phatram]

Co-Op !!!

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/95133-interesting.html

[Celicaman]

Hers the UTCCR bit that is needed

Unfair Terms in Consumer Contracts Regs. 1999

 

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

 

 

1. Terms which have the object or effect of-

 

excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier;

 

(b) inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

 

© making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

 

(d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;

 

(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

If its for a bundle then i think you need the whole document, but that is the part that is relevant to claims

CM

[MacBoy]

OK, I know I've been um'ing and ah'ing about this, but I've come to a decision

 

As I asked them for full statements right back to the beginning of my banking relationship with them (some 17 years or so ago) and they've only sent me the six years, I'm going to fire off an LBA as a prelude to a Non-Compliance Letter asking for the rest of the statements. Drafting it now.

 

If anyone has any guidance to offer, or if they think what I'm doing is wrong, please don't hesitate to shout out - but I have to act otherwise they win; and reading through the threads (I have done very little but deep-read the threads over the past two days), it appears there is no clear-cut direction about what to do in this situation. So I've decided to draw them into a response in order to gauge their thinking.

 

I'll post the draft for peer review- your opinions are valuable to me!

 

Cheers

Mac

 

PS (will cross-post this into my generic thread too as an update, if the Mod Squad doesn't mind

[MacBoy]

OK here's my draft - feedback welcomed as always This is just my current a/c - it appears that they are dealing with the Visa on a separate track:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Current Account - Sort Code xx-xx-xx Account no. xxxxxxxx (closed)

 

Dear Sir/Madam,

Your ref: DSARxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (xx/xx/xx). The disclosure of personal data is incomplete in that at least the following documents are missing:

 

• You have failed to provide a complete list of transactions and charges. I asked for full disclosure of my complete banking history with yourselves. You have provided only current account statements from 30 Dec 2000 to 13 Dec 2005. My account with you as you are well aware goes back many years prior to this; to xx/xx/87 in fact. (awaiting confirmaton of this from a branch on Monday - but I think it's now actually 20 years!!!).
  
  

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

Lord Mac Of Boy

 

My nice new CAG envelope stickers await

[kennythecelt]

Hey Kenny, Dont follow me im Lost Too LOL

 

Any advise given here is totally fictional and bares no resemblence to any person living here or in my head, i think ?

 

Hi Celicaman

A bit like myself then!!

Things seem to be building up. Refusal on 6 year. SAR in back to 1992 for full banking history. Going back with it all, combined. Others in same situation, as you know, inc Dusary.

Quite enjoying myself. Fighting the good fight!

Back soon!!

[kennyh]

Reckon you're right mac. Think I'd let them know I was copying to the Info Comm and FSA; might help focus their minds.

[Dusary]

OK here's my draft - feedback welcomed as always This is just my current a/c - it appears that they are dealing with the Visa on a separate track:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Current Account - Sort Code xx-xx-xx Account no. xxxxxxxx (closed)

 

Dear Sir/Madam,

Your ref: DSARxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (xx/xx/xx). The disclosure of personal data is incomplete in that at least the following documents are missing:

• You have failed to provide a complete list of transactions and charges. I asked for full disclosure of my complete banking history with yourselves. You have provided only current account statements from 30 Dec 2000 to 13 Dec 2005. My account with you as you are well aware goes back many years prior to this; to xx/xx/87 in fact. (awaiting confirmaton of this from a branch on Monday - but I think it's now actually 20 years!!!).

This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

Lord Mac Of Boy

 

My nice new CAG envelope stickers await

 

That looks alright to me. Kinda' similar to mine, really!

[MacBoy]

Thanks Dusary.. your input much appreciated as always

[groovycaz]

Hi all

Just subscribing to this thread, Im about to start proceedings against the Cooperative Business Bank tomorrow dating back to 1996, got all statements and evidence of computer gen letters, Charges are about £2000 with Ci at their unauthorised rate 34.49% comes to about £28k, had an offer dating back to Jan 2000 so nearly 7 years (see Groovycaz v Uncooperative Business Bank) of £800 and odd pounds which they claim includes CI, yet they did not state at what % Iworked it out at around 9% so N1 filed tomorrow...GC

[MacBoy]

Very best of luck groovycaz that's a fantastic sum! - you sound as though you know what you're doing - I'm getting a lot of help and support in this thread and I'm sure you will too

 

Mac

[MacBoy]

Kennyh - thanks very much for the tip - I'll make mention of something certainly. My objective here is to get them to 'bare their claws' in order to determine which tack to take

[groovycaz]

Thanks very much Macboy, been lurking around the site for a few months after claiming from the BOS, and a couple of credit cards but left this one till last because of the limitation act and CI, but feel clued up enough on these now so its time to give it a go, just found this thread (hiya again celicaman told you i was following you around) after Martin3030s advise, great thread...GC

[MacBoy]

Update

Monday 11th June 2007

 

Walked into my local HFX branch this morning to ask about my account opening date, which had slipped from my memory into the annals of time.

 

Very helpful enquiry person (not counter staff) asked for ID, fired up her system and produced a list of every account or product I ever had from them! That'll be useful at some point

 

Anyway, have now established that my account was opened at the beginning of 1987 so that's over 20 years. Now to send the letter!

 

Mac

[Dusary]

Go for it!

[kennyh]

Right behind you mate; I'll be showing out on "RBS Revisited".

[MacBoy]

OK it's done. LBA - Data Protection Act Non-Compliance sent (Special Delivery of course!) today. I've used this to point out to them thay they are non-compliant in that I have only received the initial 6 years' worth of statements (when my account was in fact was 18.5 years old at the time of closing). This should elicit a response from them invoking the Limitation Act 1980. Good. They have seven days to respond.

 

I've also pointed out to them that I've only received statements for my current account - nothing at all from my credit card; and asked them to confirrm whether this is being dealt with on a separate track.

 

Let battle commence

[groovycaz]

Best of luck MacBoy,

Today i filed N1 claim against the uncooperative:shock: ....GC

[MacBoy]

Thanks Caz - hope you nail them and their self-proclaimed 'ethical principles'

 

To me, the Co-op is the worst bank of all, because of this double hypocrisy; at least the others basically admit they're there to make as much money out of you as possible...

[groovycaz]

Go get them MacBoy, its payback time,

If you need any evidence that letters about insufficient funds etc I have about 13 letters dated from 1996 to 1997, they also state the unauthorised borrowing rate of 34.49%, just shout and i will post them..GC

 

ps when ive got a moment I will post my N1 form, ive pinched bits from other threads... GC

[groovycaz]

Forgot to add,

although the letters have different job titles under the signature, the signature is all of the same font and obviously printed which proves lack of manual intervention, so how can they justify £15 for admin charge for the letter...GC

[Celicaman]

Forgot to add,

although the letters have different job titles under the signature, the signature is all of the same font and obviously printed which proves lack of manual intervention, so how can they justify £15 for admin charge for the letter...GC

 

Hey GC

Are you allowed to use copies of other peoples letters in Court (if it ever got there) as proof on non manual intervention ?

 

CM

[groovycaz]

Hi Celicaman

Im not sure but they could be good bargining tools, its something to look into though, even for an example, such as proof of the unauthorised borrowing rate at that time for business claimants..GC

[Dusary]

OK it's done. LBA - Data Protection Act Non-Compliance sent (Special Delivery of course!) today. I've used this to point out to them thay they are non-compliant in that I have only received the initial 6 years' worth of statements (when my account was in fact was 18.5 years old at the time of closing). This should elicit a response from them invoking the Limitation Act 1980. Good. They have seven days to respond.

 

I've also pointed out to them that I've only received statements for my current account - nothing at all from my credit card; and asked them to confirrm whether this is being dealt with on a separate track.

 

Let battle commence

 

Letter sent to Information Commissioner's Office today.

 

 

 

Quote:

The Information Commissioner’s Office,

Casework and Advice Division,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire, SK9 5AF.

 

Tuesday, June 12, 2007

 

Dear Sir,

 

Further to the paper copy of the Complaints form recently submitted – along with supporting documents - to yourselves regarding two Bank of Scotland Accounts in my name:

 

Dusary

AAAA Acc number: XXXXXXXXX and AAAAA Acc number: YYYYYYY

 

I have further to report that today I received a letter dated 9th June – copy attached, along with a copy of my letter of June 5th to which their letter refers.

 

In addition, I wish the following information to be recorded along with my original complaint referred to you.

 

I wrote to HBoS on 9th June stating the following:

 

“I am disappointed that you did not address the issues I raised in my previous correspondence, but chose, instead to send me a standard template letter. These issues were:

 

 

· Failure to comply with my Subject Access Request – Information Commissioner’s Office informed

 

· Failure to supply me with a complete history of my banking with your organisation - Information Commissioner’s Office informed

 

· Failure to disclose history of other accounts being held or held with you by myself –

Information Commissioner’s Office informed (There were at least 3 other accounts referred to the partial statements sent: namely: 1) House Account; 2) Budgetplus Account and 3) Loan Account – there may be more.)

· Failure to send me a copy of the Terms and Conditions you referred to in your most recent letter - Information Commissioner’s Office informed

· Failure to disclose any manual intervention in my accounts undertaken by yourselves –

Information Commissioner’s Office informed”

 

I hope that you will append this information to my original complaint form.

 

 

 

Thanking you in anticipation,

 

Yours sincerely,

 

Dusary

[Bunnie]

Hi Bunnie here, I am new to this site so I hope I get this right, I have statements going back to 1994. I put in a claim with Barclays Bank and they came back with a settlement offer, I called them to negotiate a deal because the amount was no where near what I am claiming, It turns out that the bank will only go back 6 years so to 2001. The chap asked me where I was getting my figures so I said I have statements going back to 1994 he said ah we calculate only back 6 years and said it wasn’t set by the bank as to how far back anyone could claim it was the government. Is this true and how do I claim back all my charges back to 1994? I hope all that makes sence.

 

Thanks in advance for any advice

 

Bunnie

[sarah_jane]

I have read with interest I am a new member, successfullly claimed back from First Direct £1500 (no interest). I now wish to make a claim against Halifax and Citicards,can anyone help?