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HELP - Prelim approach


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The 6 years you can go back - is it....

 

a) Six years from today? i.e. Back to April 2001

b) Six years from when my first S.A.R - (Subject Access Request) was sent, or..

c) Six years from when my account was closed?

 

 

Who does the prelim approach letter go to - the same person who provided your SAR statements (Joyce E Tudor) or a different dept.?

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There doesn't seem to be a 6 year limit any more. Effective arguments using section 32 of the ~Limitation Act are negating this old defence.

 

See this - http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

But should you wish an easier ride to refund ( i.e. not contentious in any way) then the 6 years should, technically and arguably, begin at the time you raised the issue - if you used the CAG template SAR then this mentions it and so it should be 6 years from then.

 

Otherwise it ought to be from the date of your prelim letter, when you first asked for it back.

 

In my own case, the RBoS solicitors have taken 6 years from the date the claim was filed - I will be pointing out their error if we get to a hearing...

 

But as the thread above highlights - that's all irrelevant and you should go far back as you possibly can.

 

I would send your prelim to your branch. Otherwise it's customer relations and they seem to be working to an 8 week timetable. So keep it local as long as you can.

 

It doesn't matter if the account is closed, the branch is local to you and that will be the address for service in the event of a claim.

 

Worst that can happen is that they bounce it up to CR....

 

But stick to your timetables, don't be dissuaded by 'we will reply within 8 weeks'.

Prelim Day 1

LBA + 14 Days

Claim +14 Days

 

Please click my scales if this has helped - Cheers

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Guest littlesally

Sorry to interrupt, but what is your avatar??!!? It is so stange and I can't enlarge it.

 

Sally x

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It's a bloke with his head up his own a*se....quite a fashionable position these days.

 

 

On an aside...

 

This is split from OP's main thread...could somebody patch it back in please.

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Guest littlesally

Ahhh yes. I can see it now.

Sorry about that Danny, I didn't mean to hyjack your thread, but it looked so weird I had to ask.

 

Sally x

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Right - it's gone! I've just posted my Prelim approach letter recorded delivery to my local branch manager as you suggested.

 

I've also included all charges that are shown in my statement - they do just go over the 6 year stage so lets see what they've got to say about that!

 

14 days and counting!!

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Guest littlesally

Have a read through these,

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/

they will give you hope that there will be a positive outcome, and any problems you encounter will probably already be in there ao you can see how to deal with it,

 

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and give up.

 

Make sure you stick with the winners and you will be one!

 

 

 

Sally x

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