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Ok just starting this thread regarding my claim for charges from 1991 through to 2000. I am gathering all the information presently but i would be grateful of any advice.
Also rather pleased to hear the RBS charge 29.84% for unauthorised overdrafts I shall use this as my figure for contractual interest.
Thanks for starting this thread - will watch with keen interest as my case potentially goes back well beyond 6 years, in fact perhaps double, so it'll be fascinating to see how you get on; particularly with the interest rate you've chosen...!
Good luck.
If I've helped, please tick the scales at the bottom left of this message!
17th Sept: Found this site!
Lloyds TSB
22 Sept: Subject Access Req. 3 Nov: statements arrived. Charges calulated at:
A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)
A/c 2 - £206.11 + int of £211.07 (18.4%) 7 Nov - prelim. 3 Dec - LBA 13 Dec - £750 offered 23 Dec - £750 credited 28 Dec - rejection letter 2 March - issued 16 April - complained at court failure to forward defence
Halifax
22nd September: Subject Access Request. 4th November: No reply so LBA giving 7 days.
Cap One
22nd September: Subject Access Req. 5th October: Letter saying no record of account! 15th October: Replied telling them to try harder... 22nd October: Subject Access Req acknowledged.
I just asked for my last 6 years of statements today!!
hi its all to do with sect 32 limitations act.
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. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).
using this as a basis i believe they have deliberatley hidden the true cost of charges from me.
Angie Knights' cabinet with night vision technology
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2,229
Re: Claiming From 1991 To 2000 The Fight Begins
Originally Posted by livelylad
hi its all to do with sect 32 limitations act.
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. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).
using this as a basis i believe they have deliberatley hidden the true cost of charges from me.
Which is why this is so fascinating. The dougster - stick to your 6 year claim first LOL
once you have done the first 6 year period can we go for the older ones?
when i win ...... 5% goes back to the site!
Halifax- 14/6/06 Data Protection Act.28/6/06 S.A.R - (Subject Access Request) - (Subject Access Request) handed in person. 2/7/06 Prelin sent for £3297. 19/7/06 LBA sent SETTLED
Halifax cc- 26/7 prelim for £140 - 14/8 LBA sent - 21/8 £ 70 offer - 22/8 Halifax agreed to pay £140 after call SETTLED
Halifax loan #1 - SETTLED
SMPL- 20/6/06 prelim sent for £610 4/7 sent lba after no reply. MCOL 29/9
Rooftop Mortgages - 20/6/06 prelim sent for £225. 29/6/06 letter rec'd saying no! /2/7/06 LBA sent
Capital One- 24/6/06 S.A.R - (Subject Access Request) sent. 2/7/06 prelim sent for £137. 19/7/06 LBA sent MCOL 29/9 SETTLED
Hi livelylad, haven't done much research on this yet so apologies if it has been answered elsewhere in the forum but if you're going down this route how do you choose the rate of interest to use, and do you not need to have a history of the interest rates they have applied to your account over the years to make it kind of equitable?
Hi livelylad, haven't done much research on this yet so apologies if it has been answered elsewhere in the forum but if you're going down this route how do you choose the rate of interest to use, and do you not need to have a history of the interest rates they have applied to your account over the years to make it kind of equitable?
Quote
So far we have been suggesting to everyone that they claimed the 8% because there is no express provision in the contract for a contractual rate of interest. However it seems to me to be quite arguable that there is an implied term in the bank contract based on the principle of "mutuality" or "reciprocity" -- in other words what is sauce for the goose is also sauce for the gander.
If this is correct then I think it is entirely reasonable to argue that where penalties have been unlawfully taken that this is the equivalent of borrowing by the bank and therefore the sum borrowed should attract a contractual rate of interest e.g. 16% - or if one wanted to say that the levying of penalties was unauthorised -- which of course it is -- then one could say that the contractual rate of interest was the unauthorised borrowing rate.
i Am probably just going to go for their standard borrowing rate of 16.9% as i am sure the will not furnish me with the details of rates from 15 years ago.
i can't really offer much help as i didn't get passed the lba stage and my claim was small £114 which went up to £125 with the 29.84% ( only got the charges in june so that shows that it's worth it), all i can say is it can be done, and you should go for it but don't forget to state that thats the rate your using right from the start of your claim (prelim letter).if you have a look at my G/Fs thread http://www.consumeractiongroup.co.uk...e-helifax.html her claim is a lot bigger than mine but the interest is taking it through the roof, only it's on hold until we can get enough cash to take them to court, a lot of your questions will be answered on her thread. keep the faith and never give up it is your money!!
Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win
Don't moan about it DO SOMETHING ABOUT IT
i can't really offer much help as i didn't get passed the lba stage and my claim was small £114 which went up to £125 with the 29.84% ( only got the charges in june so that shows that it's worth it), all i can say is it can be done, and you should go for it but don't forget to state that thats the rate your using right from the start of your claim (prelim letter).if you have a look at my G/Fs thread http://www.consumeractiongroup.co.uk...e-helifax.html her claim is a lot bigger than mine but the interest is taking it through the roof, only it's on hold until we can get enough cash to take them to court, a lot of your questions will be answered on her thread. keep the faith and never give up it is your money!!
Hi thanks i have read that thread already! best of luck to your GF
Hmmm nice thread livelylad - I have been pondering about doing an older claim against Natwest and now reading this I may just give it ago. I found a file where my husband kept all the statements for an account we had with Natwest going from 1988 to 1995 and just added the charges in the region of £2.5k - I think I may be prepared to gamble the MCOL charge to give this ago - will be watching your thread with interest - GOOD LUCK
Hmmm nice thread livelylad - I have been pondering about doing an older claim against Natwest and now reading this I may just give it ago. I found a file where my husband kept all the statements for an account we had with Natwest going from 1988 to 1995 and just added the charges in the region of £2.5k - I think I may be prepared to gamble the MCOL charge to give this ago - will be watching your thread with interest - GOOD LUCK
Best of luck i shall work out the cash this weekend.
don't forget to state that thats the rate your using right from the start of your claim (prelim letter).
Sorry livelylad I can't seem to get an answer on my own HSBC thread, so I'm asking it here - I didn't ask for the contractual rate in my letters but haven't yet raised my court claim. If I want to backtrack and go for it do you know if I have to start all over or if one further letter with amended schedule will be sufficient?
Claiming From 1991 To 2000 The Fight Begins
charge 29.84% for unauthorised overdrafts I shall use this as my figure for contractual interest
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Re: Claiming From 1991 To 2000 The Fight Begins
Originally Posted by Dougster
Re: Claiming From 1991 To 2000 The Fight Begins
