Hi, just a v quick query and possibly a stupid question, hoping someone can answer for me... we are able to claim back 6 years (5 for me as in Scotland - dammit!) right? When can this 6 years been considered as starting from? Is it when the statements are initially requested? If my letter was sent today could I claim back charges as of 6th Sept 2001? Obviously the longer that this process goes on there may be changes to what I can claim back as I have been A LOT better with my finances over the past 2 years or so!

If someone could clarify I'd really appreciate! In case it makes a difference I am trying to claim from BOS (v bad student account) and RBS (not so bad student account!)

Thanks x

I would say that you can claim back 6 years from when you discover the charges. That would be from when you RECEIVE the statements. but that is just my view.

Dave

Thanks Dave, that does make the most sense!

Incorrect.

The Statute of Limitations runs from when you first became aware of the unlawful charges, in this instance, when you first made the SAR. There used to be a bit of a gap for the banks to wriggle through before, so we altered the template on the SAR to the effect that "Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them", so that the 6 years effectively run from then, and not from when they finally comply. Bottom line is, if the bank tries to cry "statute-barred", all you have to say is "Well, my interpretation is that it runs from then, so we'll have to let the judge decide".

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Davefirewalker is correct. Its six years from the time that the right of action accrued - i.e. six years from the date of each charge, so 6 years back from the most recent charge you are claiming. If a charge is unlawful the right of action accrues the moment it is levied. I don't see how someone can't have known about the charges at the time since they did receive statements.

The fact that they didnt know the law at that time - i.e. that the charges were unlawful is irrelevant.

I am a little confused now...

From what book worm has said I do 6(5) years back from when my SAR is dated, but what I understand from rbrears is saying I can claim back from the most recent/last charge? As my BOS account was closed 3 years ago does that mean technically I could claim charges for the 6(5) years before that?

I only had my student BOS account for 2 years until I changed to student RBS (because I was getting crazy charges funnily enough!!) Obviously if I can claim 5 years back from the last charge I am ok, if it is 5 years back from the date of my SAR then I may risk losing out on some of the charges I am due back...

Can anyone clarify? What have other people done? Am I overthinking this?

Thanks!

No - your most recent right of action accrued when the last charge was made - i.e. three years ago - so to claim back that particular charge you get 6 years from then. So, if you have three years left on the last charge it follows that you are still in time for charges incurred three years before that because you get six years from the date of each charge. You get a separate right of action with each and every charge so you can include any charge that was levied 6 years back from the date of your claim. Any charges that are further back than 6 years from the date you issue your proceedings should be excluded because you are out of time in claiming them back as the 6 year limit has passed - hope that makes sense.

Sory - I assumed your most recent charges were, well, recent as in current, not three years ago.

So that I have this straight in my head..if the last charge was accrued for instance on june 12th 2003, I can claim back 3 years from that date....so could claim for charges 3 years previous to that date, so starting June 12th 2000 right?

Thanks for all your help!!

If the last charge was 12/6/2003 you have 6 years from that date to claim that charge back - as you have 6 years for every charge before that from the date of those individual charges.

Eventually you will get back to charges that were more than 6 years before the date of your claim - and you can't claim those.