The 6 year backdated issue

JonG · 13th February 2007, 14:20

I have a question regarding how strictly scrutinised the backdated 6 year period issue is followed in court. I understand the 6 years would have been processed from when I sanctioned the claim against Barclays, (5 months ago) however I have since received new charges and if I add these to me claim the time period will be 6 years 3 months. Can I therefore add these to the claim, or do I start a new separate claim?

is this clear or just gibberish?

dickeggsy · 13th February 2007, 15:18

if you have already started a claim with MCOL or by using the N1 form you can add charges but you will have to ammend the particulars of claim which will cost £35.
if you haven't started a claim yet with the courts you can add the charges onto your spreadsheet which is what i did.

JonG · 13th February 2007, 16:22

Okay thanks.... but if I add the new charges on, therefore taking the catalogue of bank charges to 6 years 3 months, could the bank use this in their defence; as the list of bank charges would exceed 6 years, hereby screwing up the first 3 months of my bank charges claim (or the additionally added last 2 months)
Basically wouldn't the bank claim only 6 years of charges are allowed / relevant!

Ropey · 13th February 2007, 16:27

It's not that you can only claim 6 years worth of charges but that you have 6 years in which to file a claim from the date you became aware of the unlawful nature of the charges.

dickeggsy · 13th February 2007, 17:07

i thought i may as well stick em on and tell the bank to let the judge decide when it gets to court.
if i don't get em back i'll start another claim when this one is settled.

livelylad · 13th February 2007, 17:09

Quote:

Originally Posted by JonG

I have a question regarding how strictly scrutinised the backdated 6 year period issue is followed in court. I understand the 6 years would have been processed from when I sanctioned the claim against Barclays, (5 months ago) however I have since received new charges and if I add these to me claim the time period will be 6 years 3 months. Can I therefore add these to the claim, or do I start a new separate claim?

is this clear or just gibberish?

The six years actually starts from when you file the claim at court. Any further charges can be added but it will cost £35 to amend the claim, I advise that when they settle the claim ask for any further charges to be included.

JonG · 13th February 2007, 17:45

Thanks, Ill stick them on. I just thought the bank would contest the additional cash due to the time issue... They probably will, but its not as if Barclays ever bother going to court anyway!

dickeggsy · 13th February 2007, 17:50

exactly.

Danny Smith · 23rd March 2007, 19:31

Can you get a county court claim form online..?
Can Barclays close my account?

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