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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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To enable me to trace a statement during 1998/9 I am advised

Customer Question

to enable me to trace a statement during 1998/9 I am advised from my Banks that this information cannot be given/or sent to me
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I am trying to trace a cheque (circa £25,000) sent to me by Prudential in 1998 which I do not remember this being received. This has become a prolonged dispute and the only way I can prove this is by seeing a statement from my bank ... I have only had this one bank ...Midland/ HSBC.

Don't ask why this has not been questioned before this date ... !!

Its a very long story.. I appears that only a confirmation from my bank willsuffice.

Expert:  Ash replied 2 years ago.
Ok. Have you requested statements under the data protection act?
Customer: replied 2 years ago.

No this was not suggested to me !!

Customer: replied 2 years ago.

How do I do this

Expert:  Ash replied 2 years ago.
Ok. You just write and ask for a copy under the data protection act. They can charge you up to. £10 for this and must comply within 40 days.
But that is it. You write and ask for a copy under the act.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Having written and phoned would it be easier to go through the Ombudsman...

Expert:  Ash replied 2 years ago.
You need to request this first. Then if it fails you can go to the Financial Ombudsman and the Information Commissioner.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I'm back. Wrote to my Bank and they have replied 'Unfortunately we were unable to action your request as we do not hold any information prior to 6 years due to the Data Protection Act'

Expert:  Ash replied 2 years ago.
Sadly in that case there is nothing you can do. They are only required to hold records for a reasonable time. If they don't have them sadly you can't get them.
I am sorry they do not appear to be retained.
Alex
Customer: replied 2 years ago.

Summary received from Insurance co: 'The maturity cheque was sent to your home address.. my records confirm this cheque was never returned to us as undelivered or as uncashed..no evidence the original cheque was ever flagged as unpaid during regular cheque reconciliation cycles'..

This cheque was evidently sent to me but not checked through to its final 'resting place' ... my bank. No communication at all was ever made to check this had arrived safely..and then after 6 months was just cancelled. The 'follow-up' has only occurred recently because of a query as to whether or not I should have been sold an endowment policy or not...this was upheld sufficient funds etc were made and this added up to in excess of the mortgage... ..we carried on paying our mortgage until 2011 when we paid a redemption sum of circa £15,000 ... I think that is another story!!

Expert:  Ash replied 2 years ago.
Can't they check their account to see if it was cashed?
Customer: replied 2 years ago.

That was what I had asked for. In an earlier endowment (1997) settlement they could detail this right through to my Bank....His conclusions are that the cheque was cashed as intended, or that the cheque was intercepted and cashed before it reached you. If you believe that latter is a possibility then you must visit your local police office to raise this concern to them and obtain a crime reference number from them. .... I can pass the file to our fraud dept...for further investigation....... we only keep information for 7 years etc... However he had provided me with details from beginning to end on the previous policy. My situation is should I continue with the Ombudsman with this matter or not..

Expert:  Ash replied 2 years ago.
I would go to the Ombudsman, but they may not consider it, given the age.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex