Bank can't send me old records

FredSpudman

Hello,

I recently read about recouping bank charges, and went to the Halifax so they could send me old statements, for which they did for a current account. However, I gave them the sort code and account number of a joint account opened around 2006/7, and closed in 2009, and it didn't come up anywhere on their system. I know all the details are right, because I handed them the chequebook that was from that account, but they said because the account was closed before 2011, they can't send me any bank statements from it. Is this right? Is there any way for me to get the information?

MovingForwards

If they haven't got them anymore how can they give them to you?

Did you submit a SAR or just ask for them?

What bank charges are you trying to recover? If it's late payment / unauthorised overdraft that boat sailed a long time ago.

SonOf

I recently read about recouping bank charges

Where did you read that? It hasn't been possible since the banks won the court case in 2009. The only exception being current financial hardship cases (not historic)

However, I gave them the sort code and account number of a joint account opened around 2006/7, and closed in 2009, and it didn't come up anywhere on their system.

That is not unsurprising. It was 10 years ago since closure and the FCA recommend 6 years for data no longer required.

It also indicates that you are not eligible for a current financial hardship complaint with them as they are not your current bankers.

they can't send me any bank statements from it. Is this right?

We cannot possibly say as we dont have access to their records. However, it sounds about right.

FredSpudman

Sorry for formatting, new to this.

I went in person, I thought SARS was something that birds don't take too kindly to.

I do currently bank with Halifax, it was just the one account that was closed.

As for where I read about recouping bank charges, it was on this very website (again, apologies but I can't submit a weblink due to being a new member:

moneysavingexpert.com*slash*reclaim*slash*bank-charges

Specifically, I was caused hardship at the time by the bank charges, some of which I can evidence on my current account, the remainder would be on the joint account. I believe I have a case for being reimbursed some money.

societys_child

I was caused hardship at the time by the bank charges

They do have to look at at current "financial hardship" but not historic.

mjm3346

They don't have to keep records that far back and there is more emphasis these days on making sure personal information that is not required is promptly disposed of - if the account was closed in 2009 there would be no need for then to keep holding records on it today.
https://www.moneysavingexpert.com/reclaim/bank-charges/

FredSpudman

"The ombudsman has said it will only look at cases based on ‘fairness' criteria – in other words, if you have been harshly or unfairly treated. It's specifically noted three different situations where it may take up cases.

They can either apply to your situation now, or at some point in the past. "

So says MSE.

jonesMUFCforever

FredSpudman wrote: »

"The ombudsman has said it will only look at cases based on ‘fairness' criteria – in other words, if you have been harshly or unfairly treated. It's specifically noted three different situations where it may take up cases.

They can either apply to your situation now, or at some point in the past. "

So says MSE.

...But if you have not got copies of statements and they no longer hold copies for you - you are going to be whistling in the wind.

SonOf

FredSpudman wrote: »

"The ombudsman has said it will only look at cases based on ‘fairness' criteria – in other words, if you have been harshly or unfairly treated. It's specifically noted three different situations where it may take up cases.

They can either apply to your situation now, or at some point in the past. "

So says MSE.

How about the FOS themselves...

https://www.financial-ombudsman.org.uk/faqs/all/can-look-complaints-current-account-charges

It says "If someone's in financial hardship, we can look into whether we think the bank did enough to help their customer. "

If someone's in financial hardship it says. Not if you were in financial hardship previously.

Financial hardship cases do not require a penny to be refunded. The FOS no longer has the ability to tell a bank to refund unless the charge has been applied correctly. All they can do is ensure a case has been looked at fairly as the banks are required to do. If they feel a case has been looked at unfairly, they can instruct the bank to look at it again and provide guidence to a resolution. They cant say the bank should refund £x.

In the case of hardship cases, they also have the option of suspending future charges for a period or placing you into a debt management plan. Where they do refund charges, it tends to be those incurred in the last few months. Often no more than the last 12 months. Only extreme cases tend to go back further. There was a case recently where the bank refunded charges over the last 3 years. That was considered an rare outcome.

As you haven't banked with them for a decade, they have no recent charges to refund. They cannot suspend future charges and they cant put you on a debt reduction plan. So, the solutions available to them cannot apply. One of the key requirements is for the bank to be aware that you are in hardship.

https://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=153156
https://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=181004
https://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=130142