how far back can you claim

reehsetin

http://en.wikipedia.org/wiki/Statute_of_limitations

System

It is indeed because of the Limitations Act.

It is possible to claim further back and there are cases of people doing so, but you'd have to research it thoroughly and know your legal position.

As far as the Data Protection Act goes, you are entitled to ALL the information held about you, there is no time limit to this as long as the information is in a format covered by the Act.

Regards
UNDERGROUND

erimus1

No research necessary - the fact is that a court will be bound by the bar within the Limitations Act (6 year period) - That's not to say that it will get to court for them to decide - claim as much or for as long as you want - if they want to contest it they will have to see you in court.

Thanks and good luck with your claims.

lindalow49

My bank has said that I can have statements previous to six years. Does that mean I can claim previous to six years. I am from Scotland.

Bewitched2761

Not sure about claiming more than six years I know that on the consumer action group site theres a lot of talk about it. you might find the answers there

nakedassassin

I have sent my SAR along with the £10 to retrieve my statements but I only requested them for the last 6 years.As I haven't received anything back yet can I send a covering letter to ignore my previous request for the last 6 years but I would now like the statements from when the account was opened (approx 12 years).....?
Thx.

lewt

i would like to know this too as hsbc had loads of money off me in the late 90's and i would like to get it back. my thinking is if i just put the court papers in they might pay rather than going to court any one know if i can do this?

Twinkly

In answer to you both. You can request all the information on your account under a SAR under the Data Protection Act not just the last 6 years. This is the period most people use for reclaiming charges but you are entitled to all the information they hold about you.

You can reclaim further back than 6 years but you will require some knowledge of the Statute of Limitations Act.

Section 5 of the Statute Of Limitations Act states that the action (claim) must be brought within 6 years of the cause of action (charge). This is what they would rely on in court.

You can defend this statement using this section of the same act (c) which states:
Section 32
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

Its a bit strong to accuse the bank of fraud and probably better to imply they made a 'mistake'

lewt

found this too http://www.consumeractiongroup.co.uk/forum/announcements/30/33/center-you-should-now-80.html

sandidos

you can go back further than 6 years-it has recently been found.Just write a letter to bank asking them for data-wether in statement form.microfiche-whatever and tell them if they cannot suply this information you require a certificate of destruction signed by their data controler confirming when and how your info was destroyed.Also inform them that should the matter go to court you will be requiring confirmation of their policy on data retention.The usual fee applies with the letter.I sent mine today asking for statements from 1981-2000.