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A&L have just acknowledged my claim, however, by the time 28 days has passed, nearly all of my charges will be over 6 years. After reading these threads it seems I have section 32 to fall back on which states that I have 6 years from the date I realised to claim (not from the date the charge was incurred).
Can anyone point me towards a document which states this. The only thing I have is the following (section 4A, point 9), which states that for sums recoverable by statute, it is 6 years from the date on which the cause of action accrued. This is worrying for me!
warrih,
Penalty charges are unenforceable by the banks whether it falls outside 6 years or not. That should not stop you continuing your claim. The decision is for the court, not yours or banks.
The banks will try to state Limitations Act 1980 in their defence. In your argument, you can refer to the same Limitation Act 1980 s32(1)(b) and s32(2). You became aware of the banks actions recently (e.g. on 5th April 2006 when the OFT released their report on penalty charges). Therefore the Limitation Act 1980 will be postponed to allow you reasonable time to present your case.
Thanks so much for this I feel more confident now. Yes, as predicted have just received a letter from A&L quoting the limitation act and asking for an updated Breakdown of charges for 6 years only (back to 8th Feb 2001).
I will read this link and then advise them that I intend to claim for the full amount.
As the limitation act postpones the limitation period if "any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant" - I was thinking of sending the following, any thoughts?
xxxxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxx
17th February 2007
Alliance & Leicester Plc Group Legal Services Customer Services Centre Narborough Leicester LE19 0AL
Dear Jackie McGuirk,
Re. Account number: xxxxxxxxxxxxxxxxxxx Your ref: xxxxxxxxxxxxxx
I refer to you letter dated 15th February 2007 requesting a detailed Breakdown of charges that I have incurred on the above account since 8th February 2001.
As requested, please find this list enclosed, together with a breakdown of interest added to these charges up until 8th February 2007 and £50 small claims court fee.
Section 32(1)(b) of the 1980 Limitation Act to which you refer postpones the commencement of the limitation period where "any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant". In this instance the commencement of the limitation period is postponed and does not begin until the claimant discovers the concealment to allow reasonable time to present my case, which I have taken.
In my letter dated 23rd January 2007 I requested that if you failed to refund my initial request for charges of £xxxx, I required you to send me “without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e)”. Alliance & Leicester failed to refund the charges and failed to provide this breakdown of costs involved, thus, concealing a relevant fact to my right of action.
Therefore, please note that the full amount I will be pursuing my claim for though Northampton county court is £xxxx in full, inclusive of £50 small claims court fee. I have included this breakdown also.
Please also note that due to the attempts to obtain similar information on my closed credit card account on 12th December 2006, 23rd January and 29th January which have been ignored, I have raised a complaint against Alliance & Leicester through the Information Commissioner for a breach of the freedom of information act. You will be hearing from them in due course.
I refer to you letter dated 15th February 2007 requesting a detailed Breakdown of charges that I have incurred on the above account since 8th February 2001.
As requested, please find this list enclosed, together with a breakdown of interest added to these charges up until 8th February 2007 and £50 small claims court fee.
.... I have raised a complaint against Alliance & Leicester through the Information Commissioner for a breach of the freedom of information act. You will be hearing from them in due course.
I will suggest that you include all charges taken from your account before 8th February 2001 as well.
I think you should change the freedom of information act to read Data Protection Act 1998 (Subject access request).
Hi, I am just behind you, i will file mcol in a week. There's a few threads around with a different approach, for sec 32 . http://www.consumeractiongroup.co.uk...6&goto=newpost
this is what i am going to fight with. good luck.
PS A&L have not mentioned lititations act yet, my claim is for just under 7yrs
Jenny
If this has helped in any way please click on the scales..
I received a response from A&L today stating that section 32 does not apply to 'these cases'. This is because they were not concealed from me as they made me aware of the charges in my terms & conditions. Also, the OFT report concerns credit card charges only not bank charges.
Am thinking of responding stating that the charges were not concealed form me but the true cost of them was as I asked for these in my pre-lim and they did not send them.
At the end of the day, they have acknowledged and have until 14th March to either defend or pay up. If they offer me the amount for the past 6 years only, can I accept as a part payment and go fo the rest which is before 6 years? (£140 more).
What are the chances of them defending this part and defending in court?
Would also like to hear from anyone else who has successfully claimed more than 6 years with A&L.
A&L section 32??
. After reading these threads it seems I have section 32 to fall back on which states that I have 6 years from the date I realised to claim (not from the date the charge was incurred).
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Originally Posted by warrih
