Please help - 12 days left to sort this out

RAS

Hi

She requested the statements in December 2006, I cant get out of her whether it was a Sar.

If she used SAR, can she reclaim the charges from Dec 2006 til the account was closed in may 2001?

Twinkly

SAR is simply a subject access request and has no bearing on whether you can reclaim. It is simply a request for information. You can request ALL details held by the bank about you and not just within a set time period. If she hasnt done so then she can always write again. If she wishes to reclaim beyond 6 years she can ask for all the information held on her since the account was opened.

The time limit comes in because of the Statute Of Limitations Act. The time limit is not governed by when you asked for information.

The time limit, if you are reclaiming only 6 years, is precisely 6 years back from the date of your first letter reclaiming the charges. For example:

If she writes to the bank asking for the charges back today - the 19th July 2007 then she can only ask for charges that go back as far as the 19th July 2001.

If she wishes to use the Statute Of Limitations Act in support of reclaiming further back then she can claim right back to the date of the very first charge, whenever it was.

I'd suggest some thorough reading on the subject if you take this course of action though.

RAS

thanks for the clarification. Seems that with all her other debts, she let 8 months lapse between getitng the statements and trying to claim, which is expensive.

Given you expertise, can I try another on you.

Would someone be able to reclaim PPI even if the 6 years elapsed, given that it was issued to cover an individual who did not work very often, so it would be misselling rather than charge reclaim?

Twinkly

It would depend on whether the policy could be proved to have been missold. If the terms for claiming on it werent appropriate to her line of work or it can be shown that there was no possibility of her being able to claim on it then yes, there is the possibility of claiming for misselling.

The CAG forum has a huge section on PPI that will help:
PPI Claims

edit: I am sorry, I am happy to help where I can but I have two small people to throw into a bath now so I have to go offline for a while. Good luck

RAS

Thanks. have a good time. Hope they go down quickly.