Alliars&L keeping only 6 years data

[Harrassed&Hopefull]

In September last year A&L sent in response to S.A.R - (Subject Access Request), 6 years and 6 months of statements and manual intervention details. I have since written to advise the info was incomplete as I had an account for 24 years. They responded saying they only keep records for 6 years!

Could this be a fabrication to suit the current circumstances?

Either way this begs some questions;

 

1/ what should or could we do about their failure to provide a fuller set of data and

2/ How should we claim for the earlier period, if at all possible, for example a damages claim and/or an assessment based on the 6 years of history they have provided.

 

HH

[thesergeant]

they are not under any obligation to keep documents beyond six years.

 

Whether they do have such data or not I don't know.

 

IMHO - If you haven't got the data then you are unlikely to succeed in any such claim

 

Good luck :D

[djweeble]

[quote=thesergeant;901254IMHO - If you haven't got the data then you are unlikely to succeed in any such claim

 

Good luck :D

 

Why not ?

 

There are quite a few cases on this site where people have estimated the charges based on actual ones listed in the SAR, and they have been paid out.

 

That is exactly what I am doing with a years worth in my claim, though I have rounded the estimated figures down slightly to show fairness towards them. If they want to dispute my claim, it's up to them to show the documents.

[thesergeant]

You have to prove on the balance of probabilities that your claim is valid. If there are no records of the charges how can the Judge believe that they were levied against you?

 

If there is some other way of demonstrating that you were subject to such charges then all well and good. But I can see difficulties with such a claim without any documentary evidence.

[djweeble]

"I have 6.5 years of documented charges, that show a much larger average weekly figure being charged to my account than my estimated weekly charges for the time previous, a time that Alliance and Leicester have consistantly refused to provide details for."

 

"I would respectfully submit your Honour, that therefore my estimates are well within the balance of probabilities"

 

should it get that far

[thesergeant]

"I have listened with interest to your evidence Mr djweeble. The defendant in this case has provided a statement suggesting that there were no charges in the period beyond six years, could you please now demonstrate to me that your account did accrue charges."

 

If any one is successful with such claims I will of course be gathering up details of all my old accounts and submitting them.

 

I can not see how you would overcome the above problems

[djweeble]

"Would the defendant be willing to provide that statement under oath your Honour ?

 

If he does so, I would be more than willing to re-calculate my spreadsheets right here and now for the court using his sworn testimony"

 

 

 

BTW, I know that there were charges, but I can't proove exactly how much, it would be interesting to find out that I had in fact underestimated:D

[thesergeant]

I would love to be with you all the way on this one. However to have a chance of success you really do have to show that the unlawful charges were made, not merely that it is likely that they were made based upon averages taken from subsequent years. Of course you could demonstrate this with all sorts of evidence other than the statements.

 

I can not see how you would survive a "strike out" request from the bank, without such evidence that would "tip the balance" in your favour.

 

If you go for it keep us posted ................ :D

[djweeble]

I would have been in full agreement with you some time back, in fact it's only recently that I added the estimated charges to my spreadsheet, and that was only because I read numerous topics here where people were estimating charges where A&L (and others) had failed to supply the details.

 

And they were winning.

 

It has to be worth a try, and I'm going to try. However, I will carry a suitably adjusted version of the spreadsheet to court with me should it get that far... just in case;)

 

As regards a "strike out" before getting to court, I would argue the fact about non disclosure, and ask that A&L be ordered to supply the information or disproove my version beyond doubt.

 

Anyway, this is getting a bit off topic from the OP original post, so I'll end it here. If anyone has anything to add to this please feel free to post it in my other topic DJWeeble goes for the throat, No more Mr nice guy