Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
The Financial Ombudsman Service is not limited to investigating claim for 6 years. There is a 3 year period of limitations but this only starts from when it was reasonable for the complainant to realise that they had grounds for a complaint.
This contrasts with the position in the courts where under s.5 of the Limitation Act 1980 sets out a time limit of 6 years from the date of the cause of action. Whilst the limitation period may be suspended under s.32 the legal arguments are complex and precarious.
If you have already claimed your charges for 6 yrs through the court why not give the fos a try to claim the rest?
Re: Claiming beyond 6 yrs: Have you considered FOS?
they've clearly said to me they CANNOT look at claims beyond 6 years as i just settled with Yorkshire from Jan 2001 but i had this account from 1995 and i asked the Ombudsman can i make another schedule of charges.
They ask you if the claim is within the last 6 years when you make a complaint over the phone.
Re: Claiming beyond 6 yrs: Have you considered FOS?
I spoke to a consultant within the fos in regards of exactly this and was told that the FOS will not get in debate over legal issues such as limitation act.
When they successfully get peeps charges back this is because they ask the bank to prove their costs or refund the charges, no legal basis.
Any claims against the Limitation Act would need a court room to deal with it.
Also got this in writing somewhere from her so surprised at this.
Re: Claiming beyond 6 yrs: Have you considered FOS?
My HFC claim, just accepted is beyond 6 years, although the fos brief is 6 years only. The bank just agreed to repay from 1998 to 2001 some charges called admin fees. The Adjudicator with the Omsbudsman did say they would only get involved in cases up to 6 years. The bank offered the rest as a good will gesture. Claim is for £183..
Claiming beyond 6 yrs: Have you considered FOS?
through the court why not give the fos
Reply With Quote
