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.
As you will see this is my first post, so please be gentle. I would like to thank all the helpful people on this forum who have provided countless pieces of useful information that has helped the layman like myself. It is much appreciated and long may it continue.
I have successfully reclaimed monies back from MBNA and now have my sights set on A&L, Barclays, Co-op and Barclaycard.
I set up with my accounts with Barclays/Barclaycard in 1992 and 1993 respectfully. I have been advised that I am only going to receive statements for the previous 6 years (normal response I know) as The Limitation Act 1980 says that claims in contract which relate to breaches more than 6 years old are barred from recovery because too long a time has passed.
However, s.32 (1) (b) of the Act says:-
Quote:
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....
Can anyone advise me what the pro's and con's are of writing to Barclays quoting this section and demanding that they provide me with my full history and not just what suits them?.
I am well out of my depth at the moment and any help would be grately appreciated and I am sure others may benefit from this as well.