Thread: six years

what is the latestthinking on the six years thing? is it possible to claim charges which go back beyond six years?

also, I assume you claim them direct from the bank rather than DCA?

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Hi, yes claim it from the bank. The clock starts from the time you became aware of the problem. Also in any correspondance and this, you should refer to S.32 of the Limitation's Act 1980. This section here is what you should refer to:

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
  • (c) the action is for relief from the consequences of a mistake;
• the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....
• (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

Be careful though with the amount. It could take you into the Fast or Multitrack area of court, where there would be costs if you lost. The test case is'nt far away now, maybe worth asking for your data from the bank, and see how much you are looking at.

Hope this makes it clearer for you. . .


Uk

yes it does, thanks very much