Bank Will Only Cover 6 Years From Date Of Claim **WON**

[calm1]

I have just been offered settlement for approx 65% of amount claimed. They say this is because they will only go back as far as 6 years from date of claim starting - i.e at MCOL, instead of 6 years at request of statements - is this right?

[phatram]

Accept it as part settlement and carry on.

[calm1]

This has already been awarded in full as they defaulted. They have told me if we don't agree to it as full then they will set aside our claim and we will loose in court as the amount is different to what we can ask for. I can't understand this as the claim is specifically for 6 years.

[phatram]

Which bank?

You need to start a thread in your banks section, you will then get the help needed to get YOUR money back.

[calm1]

Well, its Lloyds and I had an old thread that has been redundant for ages as nothing was happening. I have posted elsewhere on a LTSB thread belonging to someone else so maybe we should junk this baby!!! Saying that, I think this has a massive point - if we ask for info regarding last six years - it then takes up (if not more than) 40 days to send info. We then write to bank requesting refund, who not so promptly refuse, then a letter before action, a few more weeks, then start MCOL - Can someone clarify what we can and can't claim in this time period. I think it's a ruse as it is effectively a debt owed at the start..........? I would bet that alot of people have settled on this point for fear of having the case chucked out. Anyone got any ideas???

[hagenuk]

Hi Calm1

 

I have asked that this thread be moved into the Lloyds forum.

 

The Data Protection Act 1998 has no time limit, you may and indeed should request all data that the bank hold on you and this should form part of your claim provided that it contains details of unlawful charges.

 

Lloyds are intending to rely on their interpretation of the Limitation Act 1980 and that any charges levied more than six years ago cannot be reclaimed. The limitation period runs back from the date of issue of the claim. From then there is a four month period in which you should serve your claim. How much beyond the six years were these charges that Lloyds argue you cannot include?

 

Regarding their assertion that "...they will set aside [your] claim and we will lose in court..." I wonder who made them all Judges and if they are not Judges but they can predict the future with such certainty, maybe they could pick me six numbers between 1 and 49 for tonight?

 

They cannot have your claim set aside without a hearing and I doubt they would want the hassle and expense of one. Continue with your claim and always keep in mind that they have a great deal more to lose that you do.

[calm1]

Hello, thanks Hagen. The claim started just under 4 months after the first charge that we claimed for ( I hope that makes sense), so I assume that our claim is correct. I would point out that there are no additional charges for any period over six years - by that I mean that we didn't add any more on for that four month period.

 

Lloyds seem to be offering over 100 x less on one and nearly 250 x less on the other in terms of charges for that period - I don't think so! I get the impression that an offer of approx 65% is quite common, maybe because they think the OFT will rule that at best (for them) the cost of the letter may end up being about 65% less of current charge.

 

I didn't realise that you had to have a hearing to get a set aside and would be inclined to agree with you about them not wanting one. What about a stay or anything else?

 

They've had a final letter and I think it's time for writ of FF and Req War of Exe? (or shall I do both on Writ of FF - they are both over 600).

[hagenuk]

A writ of Fi Fa can be very expensive and should the writ fail for any reason - for example if they should be granted a stay (and they can do this ex parte, without your knowledge) then you may lose any fees you have paid.

 

How much is your claim and how long ago did you get judgment?

[calm1]

This is what I was concerned about. Two claims; one for just under 9k and the other for just over 3.5k. Judgement 1st June - in default though.

[hagenuk]

On the larger of the two claims, you will have to enforce the judgment with a writ of Fi Fa as County Court Baillifs cannot collect sums over £5k.

 

Have you writtent them the letter from this link?

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

That page also gives you details of what you must do in order to issue a writ of fieri facias in the High Court.

[calm1]

I know that the larger is def a WFF. I know the smaller could be either, as is over 600 pounds. I wrote the final letter requesting payment at beginning of June and gave them until 19th to pay on both accounts. They wrote in between saying client (bank) did not have any records for accounts at this address - strange as statements had come through post on same day! I replied with no's and gave a further week to pay- that last deadline was yesterday. They offered (yesterday) approx 65% of full claim - I have asked them to explain where this figure comes from. Sols have said that it is a final offer and if I don't take it they will set aside our claims. However, I don't think they will set aside because as you said they need a hearing.

 

Do they need a hearing for a stay after a WFF? The only good thing is that things are ok now, finances in control and we can wait a bit, although I would prefer money asap!

[hagenuk]

No, they can apply for a stay without informing you and the first you will know about it is when you are required to attend a hearing for the set aside of the original judgment.

 

However, it is up to you to enforce the judgment that you have obtained, you need to manage your claim and therefore, in your position I would obtain warrants and enforce the judgment as your deadline has now expired.

 

If you continue to wait they will continue to ignore you, however, they would have more difficulty ignoring a High Court Enforcement Officer.

[calm1]

Well, even if they get a stay, they eventually have to get a date for the set aside hearing. Will they attend that hearing? Probably not. So, yes, I think I should do the warrants, however, I have read that I will lose the warrant costs if they get a stay, does that mean just the 55 pounds or the costs of executing the warrant? If I do the warrant it may mean that they pay up a bit quicker or alternately slower by coughing up at the last minute before the set aside hearing!

 

One other quick question; would you do the warrant of execution or the wff for the smaller claim? The wff seems like the quicker but more expensive alternative, with more financial risk, but more clout.

[McIavelli]

Just subscribing as my claim may be allocated to High Court

[calm1]

Welcome McIavelli! As this is actually my partners' claim, I have had to wait until he got back this w/e to sign docs, etc. The warrants will be sorted on Monday, and I will keep posting regarding progress (if any!). Nice to have you on board - best of luck with your claim.

[calm1]

OMG!!!!!!!!!!!!!!!!!!!!!!!! I DON'T BELIEVE IT - PARTNER JUST CHECKED HIS ACOUNTS AND THEY HAVE PAID UP!!! YIPEEEEEEE!!

 

JUST UNDER 13k!!! OFF TO BUY A BOTTLE OF CHAMPAGNE.......

 

CAN SOMEONE MOVE THE THREAD PLEASE!

 

THANK YOU SO MUCH FOR ALL YOUR HELP FELLOW CAGGERS! (ESP HAGEN)

 

WE'D LIKE TO MAKE A DONATION BEFORE WE DRINK IT ALL..........

 

KEEP ON FIGHTING THE REST OF YOU - IT PAYS OFF IN THE END (BIG STYLEE!!)

[passivenomore]

Congratulations calm1... a bit hairy the last few days, but a deserved victory. Well done!

[calm1]

Thanks! I keep trying to change the thread to won - but can't! How do I do this?

[passivenomore]

If you PM a moderator, they will do all the hard work for you!!

[phatram]

Congratulations.

[calm1]

Thanks! Am in land of disbelief. Have moved money straight out of account in case they try to take it back!!!

[hagenuk]

Congratulations Calm1, very well done!

[zootscoot]

Congratulations!!!!!!!!!!!!!!!

 

:D

 

Don't forget to fill out the survey

 

A donation would be very much appreciated

 

Enjoy your payout!!

 

***********

[HSBCrusher]

congratas calm!

 

most excellent!

[BARTY]

Congratulations!! :D

Barty:)