Period of Limitation

[orka]

Can anybody clarify whether the five year limitation referred to applies to the length of time for which you can claim, or just to the period for which you can request statement information.

I am going through the process to obtain details of charges from the Bank of Scotland, but I have just uncovered older bank details pre 2001 which include about £1000 in charges. I'd hate to miss out on this.

Also: is it more effective to ask the bank for the whole lot in the first instance and then divide into £750 blocks or to go for £750 at a time in the first instance?

[Bovvered]

It's 6 years and it applies to both I think.

Not sure but I think with Scottish claims, people are splitting into chunks of £750 a piece. - check that though....

[scotia]

the period of limitation is different up here to....you can only go back 5 years

[Bovvered]

Ok but I would imagine it would go from the start of you asking for money back, ie preliminary letter

[raymo]

Originally Posted by scotia

the period of limitation is different up here to....you can only go back 5 years

Hi Scotia,
Can you tell us (I am helping my daughter get her money back) if the bank has waved the charge for 6 years of back statements as a good will gesture although it has not sent back the £10 cheque included, but says that the costs of providing the information regarding the manual interventions is disproportionate to the effort? Help.

Can we claim for the 6 years or must it only be for 5?

The total is in the region of £1200 can we as one of the other site users has done and asked for it all back in one go rather than wasting the bank and the courts precious time????

When we make our claim should the grand total be no more than the £750 or £750 + 8% + court fees???

Sorry to go on so much about this but I work away from home which makes it a little difficult to keep things moving?
Any other usfull pointers would be appreciated.

Thanks in advance

Ray Duffy

[scotia]

Originally Posted by raymo

but says that the costs of providing the information regarding the manual interventions is disproportionate to the effort?

You have received a reply regarding manual intervention.....it may not be what you want, but they have answered it, and as such i would be suprised if they could use this in court now. If they did, then you could argue that if they had the information to hand, why didn't they provide it under the Data Protection Act.

Can we claim for the 6 years or must it only be for 5?

As far as i am aware the period of limitation is 5 years in Scotland....i tried for 6 years...but the clerk at the court told me to alter it to 5 years......so it may be worth a try for 6

The total is in the region of £1200 can we as one of the other site users has done and asked for it all back in one go rather than wasting the bank and the courts precious time????

You can go for a 'summary cause'....but rules are different for small claims track...including being liable for other parties costs if you lose (think it may be limited to £500 but not sure)

When we make our claim should the grand total be no more than the £750 or £750 + 8% + court fees???

The £750 limit is for claim only....ie max £750 claim, plus 8% interest plus £39 fee...my 2nd claim is for a total of £869

Sorry to go on so much about this but I work away from home which makes it a little difficult to keep things moving?
Any other usfull pointers would be appreciated.

Thanks in advance

Ray Duffy

No probs m8, if you need any other help let me know

[alanfromderby]

A couple of things to clarify on this.

Firstly, there is a question regarding limitations, in that there is a clause (discussed in Legalities) that states the limitation does not apply where there has been "concealment" or "mistake".

The argument runs that the banks have either diliberately concealed the fact that their charges are unlawful - or, if it wasn't deliberate, that a mistake has been made and these charges should not have been levied.

Secondly, it is worth noting that issuing separate claims could be seen as abuse of the legal process - although I am unaware at this stage that this has been used.

Of course, if you sue for the full amount, the charges issue would only apply if the bank went into court, and won. In any respect, claims under £15,000 carry very limited costs - £500 for claims below £10k, £750 for claims below £15k. I am sure it is the same for Scotland on this issue - but I am sure someone will correct me if I am wrong.

[raymo]

Originally Posted by scotia

You have received a reply regarding manual intervention.....it may not be what you want, but they have answered it, and as such i would be suprised if they could use this in court now. If they did, then you could argue that if they had the information to hand, why didn't they provide it under the Data Protection Act.


As far as i am aware the period of limitation is 5 years in Scotland....i tried for 6 years...but the clerk at the court told me to alter it to 5 years......so it may be worth a try for 6



You can go for a 'summary cause'....but rules are different for small claims track...including being liable for other parties costs if you lose (think it may be limited to £500 but not sure)



The £750 limit is for claim only....ie max £750 claim, plus 8% interest plus £39 fee...my 2nd claim is for a total of £869



No probs m8, if you need any other help let me know

Its me again!

Do I send the letter (Prelim) to the Bank that the account is in or to the Head Office?? (the original letter was sent to the local branch), then do I wait the 14 days and if no action follow up with LBA?

Just want to get it right first time so at least it looks like we know what we are doing.

[fruitycar]

My first claim, which is partially settled (8% interest has not been paid) was for charges in 2000 -2004. nowhere along the way has it been queried by anyone, bank manager, customer service, sheriff clerk.