Claiming beyond 6 yrs - important new information!!!

[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!).

[Dusary]

Hi.

 

As stated in my Dusary V HBOS thread - I'm now going back over 20 years. An e-mail was sent from a branch of HBoS to HBoS HQ last Tuesday (April 10th). I learned yesterday (17th) that it is now being actioned. I haven't submitted ANY claims yet.

[Dusary]

i have all my statements and did send a letter stating that i would like my money back. they did reply saying that someone was dealing with my request. then i received another letter today saying that they still cant respond to my concerns. i just wondered what the next step was

 

 

Hi Sally45,

 

I dunno . . . but you might get some EXCELLENT advice if you post the actual wording of the letter here.

 

Good luck!

[Dusary]

Today I FINALLY received statements for the period January 1996 - Jan 2001 (I've already got the 2001 - to date statements) for ONE account. (I'm not convinced that this is my total banking history for that account).

 

I'm contemplating adding that to my spreadsheet before sending my preliminary request for repayment.

 

What do you good folks think?

[Dusary]

OK.

 

That was generous of BoS - so, kennythecelt (and others) are we going ahead?

[Dusary]

Yippeeeeeeee !!!!!!!!!

[Dusary]

. . . . and thanks, Bennyowen!

 

(Been through the abbreviations section . . . please, what is POC? (DOH!)

 

 

 

 

[Dusary]

Yeah!

 

I've been searching around as well.

 

I'm sure that Bennyowen has a valid point!

[Dusary]

 

Hi Gran, you have a fight on hands here.

All of the banks at this point are only supplying copies of statements going back 6 years,with the excuse they are not legally bound to supply/ keep anything older, its all total rubbish of course, but its getting the info out of them.

CM

 

Sorry to butt in here - but HBoS (formerly BoS) supplied me with statements (for one of my two accounts) going back to 1996.

 

Be that as it may - I'm perfectly happy to ask for all the charges from 1996 - 2007 back - it's a whopping £21k (incl interest) .... in fact, I WANT to ask for them all back . . . however, if it went down the legal route . . . would I be actually jeopardising even a 6-year claim?

 

Bennyowen, I got the answer, thanks. Does the POC apply in Scotland, does anyone know?

[Dusary]

MacBoy,

 

Don't worry - I'm sure that all the info lies within this thread.

 

I'll have a look-see.

 

If I don't respond - then PM me and I'll search .... and search .... and search!

 

Cuz I have an interest in this too!

 

YAWN - see my thread: Dusary v Bank of Scotland

[Dusary]

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/96388-urgent-claiming-beyond-6-a.html#post891972

[Dusary]

All

 

I know there used to be a sticky about claiming for a period beyond 6 years, but I can't seem to find it anymore, so forgive me if any of you feel I'm hijacking the thread.

 

I can't find it anymore, either!

 

But I've posted regarding this - and it somewhat has a bearing on English claims - but more particularly, Scotland.

 

I'll post the link in a mo!

[Dusary]

There we go:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/96388-urgent-claiming-beyond-6-a.html#post891972

[Dusary]

Yes, me too, please.

[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!

[Dusary]

Go for it!

[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

[Dusary]

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?

 

 

Hi sarah_jane.

 

I think that you should start a new thread of your own.

 

it makes it easier for folks to follow and add their comments.

 

Welcome! And good luck!

[Dusary]

I am finally ready to issue N1 form to cambridge court to get unlawful charges from TSB going back to 1997. Is there a template for the particular of claims for a claim that goes beyond the 6 years. Do you need to mention the concealment act? or has someone got a particular of claims form that I could tweak to my own situation? Thanks Dan.

 

 

Have a look here, Dan:

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html?highlight=bong

[Dusary]

b). Alternatively, the Claimant seeks to rely upon s.32(1)© of the Limitation Act. The Claimant paid the charges in the belief that they reflected the true cost of administering the contractual breaches. The Claimant has now discovered, following revelations relating to a similar organisation, that the true costs are much lower and that the belief held by Claimant was in fact mistaken.

 

It is thus submitted that in accordance with s.32(1)(b), s32(1)© and s.32(2) that the time period for the purposes of the Limitation Act does not begin to run until the Claimant’s reasonable discovery. This was the 21st March 2007 when the revelations were made public.

 

 

That's precisely what I used (and read over the phone) to HBOSplc (a month or so back) when they said: "Sorry, you can only have statements going back 6 years."

 

It was like a proverbial rocket up their sweet *SS! They promised me that they would comply with my original S.A.R - (Subject Access Request).

 

The fact that they haven't, as yet, is immaterial. The Information Commissioners Office are on their tails on my behalf, now! As can be seen!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

[Dusary]

Oh! Wow!

"The ultimate single ignition firework is the bunker buster, a 256 shot 18 mm calibre super firework. With one lighting required to set off the entire 256 shot "arsenal", this will give you a firework display or finale to remember! "

[Dusary]

subscribing to this fascinating thread

 

We can be boringly serious as well!

 

 

 

[Dusary]

Great stuff!

 

 

Let's keep it going, folks!