Claim back to 2003 or 2001???

PUREHOMES

Just a little confused..........

Today I have received a letter from Barclays with my charges dating back to 2003 and not 2001 like I had asked for.

I know the rule about 6 years, but should I push them to go back to 2001?

Any advice greatly appreciated,

Thanks

natweststaffmember

PUREHOMES wrote: »

Just a little confused..........

Today I have received a letter from Barclays with my charges dating back to 2003 and not 2001 like I had asked for.

I know the rule about 6 years, but should I push them to go back to 2001?

Any advice greatly appreciated,

Thanks

Send a letter back to them and tell them that you are reminding them that they were warned by the FSA on 19th March 2009 about the FSA Waiver 13.5 on data retention. I have an email from a different bank who certainly received the letter and will provide data going that far back.

natweststaffmember

Copy of letter sent to all firms(thank you to Amethyst from Legal Beagles site for permission to republish it on MSE which was obtained from a Freedom of Information request)


Dear Lawyer/Compliance[delete as applicable]


GENERAL MODIFICATION BY CONSENT DISP RULES


I refer to the waiver by consent of certain rules in the FSA dispute resolution manual ( '' DISP '' ) In respect of the handling of unuthroised overdraft charges complaints. As you are aware the FSA has extended the existing waiver until 26th july 2009.


The waiver is conditional on compliance with the conditions contained in it. If a firm belives at any time that it has not complied with a condition of the waiver it should notify the FSA immediately.


We will continue to assess whether the waiver remains appropriate and following the recent ruling from the court of appeal it is appropriate to draw your attention to the following points.


waiver condition 13(21)

as you will be aware condition 13(21) of the waiver provides that a firm must not make any change to the level or structure of its unauthorised overdraft charges however if a firm proposes to do this then it may apply to the fSA for a variation of this condition.


we would like to emphasise that firms considering making such an application should contact the fSA well in advance of any proposed implementation date of the changes.


This will enable us to reapond to the application in good time.


Firms are also encouraged to discuss with the FSA in advance how they plan to approach conducting the required analysis of the impact of the proposed changes.


Waiver condition 13 (5)
This condition relates to the preservation of records that are (or could be) relevant for the handling of existing or future relevant charges complaints.


As this requirement has been in place since the first waiver in July 2007, we expect that firms will have taken pro-active steps to ensure that any systematic or routine procedures in place for destroying or archiving old records have been reviewed, to ensure that such processes could not cause the firm to be in breach of waiver condition 13 (5).

minimum Standards for handling complaints where financial difficulty is claimed

where a complaint about bank charges also contains an additionl element where the customer is claiming or indicating they are experiencing financial difficulties we note that firms ( either individually or through the BbA ) have confirmed they will adopt minimum standards for handling such cases (the annex ) These minimum standards were drawn up in response to findings from our ongoing waiver monitioring visis to firms which have indicated inconsistencies in the treatment of customers claiming financial difficulties and identified some failings in the sypathetic and positive treatment of customers in financial difficulty.

Our waiver monitoring work is continuing and will incorporate assessments of the extent to which a firms approach to handling complaints where financial difficulty is claimed is in line with these minimum standrads.

If you have any questions about this letter please contact either [FSA staff member] or [FSA staff member]

Yours sincerely

[FSA Staff member]

The bit in brown above is the important bit for you.