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.
Requested full statements from Bank of Scotland going back 6 years (though I realise now I can only claim for 5 years in Scotland) Anyway, 7 days later they arrived (surprisingly quick) but only up to May 2004. Can anyone who has requested statements from BOS reassure me that the remainder will arrive soon? I think I will give them 7 days before I question the whereabouts of the remainder. Then I will send my letter requesting the total amount when I know what it totals.
Totalling up charges from May 2001 to May 2004 I arrive at the figure of £395. But I feel there is a bit more to come from the 2 years worth of statements that they omitted. Annoyingly this is probably going to ramp it up beyond £750 (the maximum I can claim in Small Courts in Scotland) so might end up filing 2 claims eventually.
My question is this: A large percentage of what I am claiming is concentrated around May 2001, which is as far back as I can claim, right? So worst-case scenario, this ends up in court, which say is in August this year (for argument's sake) are the charges that accrued on my account no longer reclaimable? I say that because they could argue that since the limit is 5 years, I can only claim back as far as August 2001. Where do I stand here, legally? Can I legally claim from when I received the statements detailing the charges? (today May 03)
Will update when I receive the remainder of the statements.
My question is this: A large percentage of what I am claiming is concentrated around May 2001, which is as far back as I can claim, right? So worst-case scenario, this ends up in court, which say is in August this year (for argument's sake) are the charges that accrued on my account no longer reclaimable? I say that because they could argue that since the limit is 5 years, I can only claim back as far as August 2001. Where do I stand here, legally?
The view on this is that the banks have concealed the fact from it's customers that these charges are unlawful, indeed they are continuing to say that, despite of the OFT report. On that basis you can argue that the 5 year limitation period does not apply.
So far this argument has not been tested in court - but that is only because the banks have not wanted to argue anything in court!!
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Hi JMack23, I got all my statements up till 2004 in one envelope then around 5 days later they sent the remaining 2 years worth of statements although they sent each statement in a different envelope so i got 48 envelopes delivered in one day but they did arrive
Thanks, that is reassuring. They sent the first lot in one envelope which was pretty thick, so not unreasonable to think that 2 envelopes may be needed. Thanks Alanfromderby, think I will make the claim from May 2001 and hope they don't defend, but if they do I'll have to think a bit more about it.
Received the remainder of the statements 2 days ago. Calculated all charges on my account going back 5 years and the grand total I arrive at is £582 which means if it goes to court I can do it in one go (less than maximum £750) Sending the preliminary letter requesting the refund all these charges in full, else they will be receiving lba in 14 days. I am going to send my preliminary letter to this address, does this seem OK?
Lindsay Gibson
Customer Relations Manager Bank of Scotland
Customer Relations
PO Box 548
Leeds
LS1 1WU
JMack23 v Bank of Scotland
going back 6 years
Reply With Quote
Originally Posted by JMack123
