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Yorkshire bank and the Limitation Act - claiming beyond 6 yrs


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Thanks Jon,

I have allowed them 100 days from my 1st SAR request and 1 Prelim and 3 LBA's with 2 of them being non-complyance letters.

So I don't think they have or ever have had the intention of sending them and now with the test case it could'nt have come at a better time for them:mad:

 

If the FSA, FOS and the OFT are suppossedly acting in a fair manner towards the bank, and allowing them this breather, then why can't they act in a FAIR manner for the banks customers and say to the banks, 'We are allowing you this time during the course of the test case NOT to continue with any NEW complaints', 'BUT on the same proviso of this we expect you the Banks to be FAIR with your customers and should any transactions have to be returned unpaid due to lack of funds' until the test case is resolved YOU the banks will not be allowed to charge any customers for this action as this would be taken as FAIR.;)

I bet they don't though!:(

 

So it leaves me with a bitter taste that I can only now put a claim into my locak County Court on an averaged monthly figure AND ad Compound interest @ 24.9% which will take it above £13k:D

 

 

regards as always

chris

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As I have previously stated there is no legal reason, even after the new court ruling, as to why you shouldn't get your statements within 40 days.

 

Complain here if they don't come back to you in time with the correct info:

 

Complaints about data protection – Information Commissioner’s Office - ICO

 

Cheers

 

Jon

Halifax: Letter settling in full 21/09/06 £857.

Yorkshire Bank: settled Decd 06 £2700

Lloyds TSB: Settled & 2nd claim started 23/07/07 £870

Lloyds TSB Business account: Received Statements & will be starting soon

Mint, Nthn Rock, MBNA & Bank of Scot cred cards all settled, total £1100

Capital One, Marbles & Barclaycard all started MCOL, totalling £900

Yorkshire Bank pre 6 years awaiting statements, now over 60 days!!!

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  • 1 month later...

hi all,

got the whole lot through from YB, took a while but now I can move forward.

Like you GOGIVIT, I too had a shorter verion on the first couple of paper oddly cut out shaped extracts.

But it ALL ADD's up in the end and I am almost to the penny on the guess.

 

oh nearly forgot:

KKKKKKKKERRRRCCHHHINNNG £1.26 + from now on.

stay fresh peeps.

 

regards

chris

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  • 1 month later...
  • 2 weeks later...

Hi reclaimone,

Just send the letter through stating when you are claiming from, ie from opening the account up to your last transaction (or close of the account if you have done this) and the rest is a waiting game before the court application.

Good Luck.

 

Stay Fresh Peeps

 

regards

 

Chris

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  • 2 months later...

Im helping friend on monday re claim re business claim back to 1996 . Nat West trying to throw out under limitation act . ive read up on this section 32 etc and can see I can say when we knew ait wasnt legal etc but how can I enforce the fact they tried to conceal it ? I also want Nat west Terms and Conditions back to 1996 any ideas where to look ? i have also seen the law cases put by Zoot on the site re limitations anything else I need to be thinking about regards Gaz

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  • 2 weeks later...

After sending letters recaliming charges for a current account (charges from march 1999 till Dec 2000) back in July last year.

 

I recieved a letter back from them dated 1st August 2007 stating that things had been put on hold because of the test case.

 

I did not start the court proccedings because i simply could not afford it.

 

However this morning I received the following letter from them.

 

Dear Mr & Mrs Wobbles

 

RE; Charges claim.

 

I refer to your previous letter with regard to the refund of Bank Charges. Unfortunatley we are unable to comply with your request as we can only consider charges covering the last six years from the date that your claim is received.

It would appear that you are requesting reimbursment from March 1999 to December 2000 and therefore we are unable to assist you at this present time.

 

However, if you have another account that has charges falling within the allotted timescales, please provide us with the details in due course.

 

We trust this clarifies the banks position.

 

Yours sincerely

 

AQU- Charges Section

 

This is the reply I am thinking of sending, can someone check its ok please.

Dear Sir/Madame,

Thank you for your letter dated 5th February 2008.

You seem to think that since some of the charges were levied more than six years ago, our claim may be time barred under the Limitation Act 1980, and you might want to rely on this to dismiss my claim.

However, please be advised that should we not reach an agreement over repayment, we will proceed with the claim under either:

 

s.32 (1)(b) of the Limitation Act 1980 on the grounds that we could not reasonably have discovered the your deliberate concealment of the facts relevant to my right of action before the report of the OFT was published in April 2006.

Or alternatively,

 

s.32 (1)© of the Limitation Act 1980 on the grounds that the payments were conceded on the mistaken belief that the said charges and interest thereon did not amount to penalties and that we could not reasonably have discovered the said mistakes before the OFT report was published.

If you do not respond or do not respond positively within 14 days, we will proceed with a county court claim.

Kindest regards

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  • 2 weeks later...

Hi Gaz2954 and Wobbles,

The banks still have to provide you with all the relevant info on your account regardless of the so called 6year limitation act dispite them saying they don't, as you have or are in the processing of asking for youre SAR it might take time but as I have found out with the Nat West I have to supply a little bit more info regarding date the account was closed to help them, so I have done that anyway (should'nt have to but just passifying them) so here's to waiting for the SAR.

 

Stay fresh peeps

 

Regards

 

chris

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  • 3 weeks later...

havnt posted on here for a while, im just looking for some updated info on were we are with claims.

i did have a claim scheduled for court back in sept 07 but becuase of the test case this was stayed.

should i be doing anything else or do i have to wait for the result of the test case, if so will the banks get in touch or will i have to chase them?

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You'll need to look at your court order. It will tell you how long the stay is in place and what you need to do.

 

The test case is finished, but no result from it yet.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 year later...

I'm seeking advice from BankFodder in light of the OFT test case.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Hi caro, thanks for seeking advice for me. I dont mean to pester but has there been any word on the +6 years POC template or S.32 reference question? I was hoping to get the ball rolling with this soon so that i can stick to the two week deadline I gave the bank.

 

Thanks

D.H

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