Kate V Halifax, reclaiming years 1995-2000 charges. yeovil county court tomorrow

saver_mum

jellybugs wrote: »

Fantastic news...I think I may start looking further into my accounts now!;)

me too!!
although dont quite know how i will get hold of statements prior to 2001?
any ideas? will the bank have records of them..?

Twinkly

saver_mum wrote: »

me too!!
although dont quite know how i will get hold of statements prior to 2001?
any ideas? will the bank have records of them..?

I've looked into this section 32 arguement to an extent and have this answer for you from my notes on it. I'll paste my original question and reply from another user on the site, Esmerellda.

"You would need to have evidence to prove a charge made on the account so long ago and it falls outside of the Data Protection Act timeframe of 6 years but there would be people who had statements going that far back and could provide this proof easily. theres no data protection act time limit of 6 years - DPA covers EVERYTHING they hold about you as far back as they have records....if they say they dont have statements back to 1997 you ask for a certificate of destruction..will get more on this later on too"

I'd been waiting to see the outcome of this claim before doing anything further but now I'll grab her tomorrow if I can and get more info on the certificate of destruction issue and post what I find out.

Hope that helps.

Edit: I've just noticed she posted in here yesterday, maybe she will see this post and reply.

esmerellda

Hi Sorry Twinkly got caught up

Banks have to hold information for a certain length of time for auditing etc. I'm not sure how long this is but it is at least 7 years and most banks have supplied information to customers as far back as 1991. So it does exist.

The ICO said to ask for a certificate of destruction...I havent seen one supplied yet and in most cases the statements have turned up

Karenh_2

Hi I have already started a claim with Lloyds for my old business account for the last 6 years charges - the 7th year has approx 5k's worth of charges on it - could I now add to the claim I have already written to them about for this 7th year or would I have to take this up as a seperate isssue?

on a side note - I did enquire about 5 years ago about these charges and had a letter back with the std explanations for the charges etc etc - Now I am wondering ....could this original letter be deemed as my first letter asking for the charges back? in which case it would have fallen within the six years required.

Hope I have explained it all ok :think: :think:

esmerellda

Karen, It won't be easy and I won't pretend it will but it is worth it for 5k.

Now I would not recommend you start this as a seperate issue - it is always better to claim pre 6 years with within 6 years, if they offer to settle the 6 years worth then you need to turn it down. So include all 7 years in your LBA and send a schedule of charges (EXLCUDING the 8% interest) with the letter.

You need to do a lot of reading - I would have a look over at the consumer action group - there are a couple of people who have reclaimed pre 6 years in the last week - Bong (13 years worth !) and Wilkins (Halifax). Theres also a lot of discussion and information about s.32 limitations act.

jellybugs

We have recently received statements dating back to 1991 for Halifax so it is possible but I am sure that other banks will limit how far back people can request to some extent.

It's certainly worth reviewing statements further than the 6 years and calculating whether the amount owed is worth the risk.

joe1965

jellybugs wrote: »

We have recently received statements dating back to 1991 for Halifax so it is possible but I am sure that other banks will limit how far back people can request to some extent.

It's certainly worth reviewing statements further than the 6 years and calculating whether the amount owed is worth the risk.

But I think what was said further up the thread will hold true. They will have to provide the information under the DPA or provide a certificate of destruction. That may prove difficult for some banks which have been shown just leaving it in wheelie bins for collection.

MORPH3US

jellybugs wrote: »

We have recently received statements dating back to 1991 for Halifax so it is possible but I am sure that other banks will limit how far back people can request to some extent.

It's certainly worth reviewing statements further than the 6 years and calculating whether the amount owed is worth the risk.

Once banks realise that people are going to try and claim further back than 6 years, they will stop giving the statements out for that long ago unless forced to do so by law!

M

jellybugs

joe1965 wrote: »

But I think what was said further up the thread will hold true. They will have to provide the information under the DPA or provide a certificate of destruction. That may prove difficult for some banks which have been shown just leaving it in wheelie bins for collection.

LOL! Very true!!- but then haven't our post sorting offices had a good old nosey too judging by the state that some people's statements arrive in?!:D

Twinkly

MORPH3US wrote: »

Once banks realise that people are going to try and claim further back than 6 years, they will stop giving the statements out for that long ago unless forced to do so by law!

M

They already are. The Data Protection Act is a law