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Yesterday I prepared my preliminary letter to the Abbey requesting £2,700 charges going back 7.5 years (I have bank statements) on a joint account. I will post this letter special delivery today at lunchtime.
Fully prepared to take this all the way to court
This week I will also be preparing a letter to HSBC for the sum of £800.
Well as I have got the last 7.5 years statements I am going for the full lot, they can take me to court if they want to. I can prove the unlawfull charges even if they don't have the paperwork.
If I have to be the first one to go back further so be it
Hi Tigs, I'm sure you have but have a good read about first - theres a lot of discussion on here on the whys and wherefores of claiming back further than 6 years..... have a look at this first - you dont want to jeopordise your whole case by exceeding the statute of limitations in your claim.
esp if most of your charges are within the time limit anyways.....
Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.
Abbey: SETTLED IN FULL BoS M/card SETTLED 27/09 Aqua CC (Halifax) SETTLED 28/06 GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9 First National Mortgage Data Protection Act sent 14/6 Statements 26/7 Cap 1 - SETTLED IN FULL Abbey x 2: 50% offer refused AQ filed
My understanding from reading these forums is that I can adjust my claim up to the point of going court. I will leave the full 7.5 years in at present but when I put in the claim form to the courts I will consider only making the claim for the 6 years. I haven't sent my lba yet.
lba is being sent tomorrow!!! I must admit after reading a lot of the threads I am finding this quite enjoyable. Me and the OH are going through all of our bank/credit cards/loans etc and I reckon in total we will see about 10k returned to us.
Well Natwest have now confirmed our step account and account number so if the Abbey decide to close this account I don't care!!!!!! lol well there is only two standing orders coming out of it anyway but we do have a cheque books and a visa card which is handy.
When I originally sent my letter to Abbey requesting charges I included a charge dated 30/06/00, my prelim letter was dated 26/06/06 I have now filed a claim online and the solicitors are saying that I have included charges which are statue barred?? surely in my claim I couldn't go back any further than 27/06/00?? or have I got it wrong?? Or should the claim be from when I filed the MCOL??
I am going to reply to the solicitor but I want to point out that they have made a mistake.
Well DLA have sent a letter offering us £1755.94 (they also enclosed a copy of their defence) I am going to say I will have that in part settlement and I am after the rest ;
This is only my opinion, but i would've thought you would be right to go for this charge as its within the six years as of when you sent your prelim, if they are going by mcol lots of people wont be getting all their charges back! i think this is a scaring tactic by them but i would check other replies if i were you? hope this helps?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Thanks it is only one charge that they could complain about as the next charge was in August 2000. It is only for £60. As for a scare tactic, it takes far far more than their silly solicitor with their pitiful defence to scare me
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
The statute of limitations runs from when you started the procedure to reclaim your unlawful bank charges, so date of your Prelim. Tell them they can go to court and ask the judge to decide whether it's statute barred.
Having said that, this should be part of your Abbey thread, so I'm going to merge them.
Apologies to people who I was in the process of helping, I may be gone some time.
Thanks Bookworm, I will draft my letter out over the weekend, should be interesting lol It makes me fume that in their "defence" they keep harping on about I could have applied for an agreed overdraft, this I tried to do on a couple of ocassions but was told by the bank that I mustn't be overdrawn for the previoius 6 months, well their charges made me overdrawn!!! I did try and make sure the account didn't go overdrawn but they didn't help things.
Tigs33 v Abbey *** WON ***
requesting £2,700 charges going back 7.5 years (I have bank statements) on a joint account. I will post this letter special delivery today at lunchtime.
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being young and naive we just paid the charges.
nn
I must admit after reading a lot of the threads I am finding this quite enjoyable. Me and the OH are going through all of our bank/credit cards/loans etc and I reckon in total we will see about 10k returned to us.
