Thread: charlie41dimmock V RBS

Hi can someone claim back bank charges for an account that was closed a long time ago say 20 years, and if so do I need to give them the old address where I was living in order to search for my account, as had lots of charges and was made to take an loan out to cover them, £800, sorry if this is a silly question, thanks karen

Yes you can... but you can only claim the last 6 years of charges.


Hmmmm, somehow the math doesn't work out quite right does it?

Looks like you'll have to give the Limitation Act a good old pummelling.

Hi, kurt-hamster, or anyone else,where do I find info on the limitation act to research it? thanks karen

Have a look in the statutes library in the main forum

Can this be used?


Special time limit for actions in respect of certain loans.
6:-

• (1) Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.
  (2) This section applies to any contract of loan which—
  • (a) does not provide for repayment of the debt on or before a fixed or determinable date; and (b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter; except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.
  (3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made. (4) In this section “promissory note” has the same meaning as in the Bills of Exchange Act 1882.

As I was advised to take out a loan for approx £800 to reduce my overdraft so getting a 'loan'?

And / or should I send an SAR anyway giving my maiden name and address at the time, so they can search for my details?

bump, ta