Claiming back 6 years

TrishUK

I would like to know if when i am making my claim for 6 yrs does that mean my claim has to be between 2003 to 2009 and that any claim before 2003 is invalid even though i have bank/credit card charges that go back to 2001?

natweststaffmember

TrishUK wrote: »

I would like to know if when i am making my claim for 6 yrs does that mean my claim has to be between 2003 to 2009 and that any claim before 2003 is invalid even though i have bank/credit card charges that go back to 2001?

If the claim is credit card charges then it is 6 years from now, however, if it is bank charges you can go back to 2001, as the FSA Waiver specifically makes reference to limitation periods and the "stay period". On bank charges it's July 2001.

TrishUK

I have just been told by HSBC bank that because my account has been closed over 6 yrs that they cannot give me my SAR. How can this be right if i can claim back to 2001 for bank charges? They are claiming my request for this information has not been 'actioned'. What can i do ??

fearfinancial

Hi TrishUK,

It doesn't matter how long your account has been closed. If they still hold information on you then you are entitled to it.

Perhaps you could get half hour free with a solicitor, You are entitled by law. Use the time to draft up a reply letter. It may add some weight.

natweststaffmember

TrishUK wrote: »

I have just been told by HSBC bank that because my account has been closed over 6 yrs that they cannot give me my SAR. How can this be right if i can claim back to 2001 for bank charges? They are claiming my request for this information has not been 'actioned'. What can i do ??

Complain to the Information Commissioners Office.

EDIT: is this a bank charges claim?

TrishUK

Yes it's a bank charges claim. I called the Financial Ombudsman and they said that i could only claim back 6 yrs regardless of whether its a bank or credit card claim. I thought that with bank charges you can claim back to 2001.

natweststaffmember

TrishUK wrote: »

Yes it's a bank charges claim. I called the Financial Ombudsman and they said that i could only claim back 6 yrs regardless of whether its a bank or credit card claim. I thought that with bank charges you can claim back to 2001.

Ask HSBC to clarify their data retention policy on open and closed accounts and repost their response(mainly while I work out what we are going to do with this one)

TrishUK

This is the letter i received from HSBC

Thank you for your request with regards to information about transactions and charges on your account.

Unfortunately, HSBC only holds this information in format of bank statements and charges for a period of six years. Our records have indicated that your account was closed over six years ago.

As a result, we are unable to supply you with the information you have requested.

Should you have any further queries regarding this matter do not hesitate to contact us

Yours sincerely


xxx xxxxx
General Manager UK Operations.

natweststaffmember

TrishUK wrote: »

This is the letter i received from HSBC

Thank you for your request with regards to information about transactions and charges on your account.

Unfortunately, HSBC only holds this information in format of bank statements and charges for a period of six years. Our records have indicated that your account was closed over six years ago.

As a result, we are unable to supply you with the information you have requested.

Should you have any further queries regarding this matter do not hesitate to contact us

Yours sincerely


xxx xxxxx
General Manager UK Operations.

Hang on, they can tell you that they closed your account over six years so by default they have data on that. How come they cannot order statements on the account?
Can you ask them for their data retention? And furthermore, can you ask them how they found out that your account was closed if they do not hold data on your account? Ask them for all archived account notes that they hold on you? I am clutching at straws at the moment.

TrishUK

natweststaffmember wrote: »

Hang on, they can tell you that they closed your account over six years so by default they have data on that. How come they cannot order statements on the account?
Can you ask them for their data retention? And furthermore, can you ask them how they found out that your account was closed if they do not hold data on your account? Ask them for all archived account notes that they hold on you? I am clutching at straws at the moment.

I will do so and keep you posted

natweststaffmember

TrishUK wrote: »

I will do so and keep you posted

Trish, can you hold fire, briefly. I have asked MSE Wendy to have a quick look and see what we can find out because I am a little stumped. Was the account open as of 27th July 2001? Please do not specify when it was closed for now. The main thing is that the account was open at that time.