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Gary JAY

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  1. Bankfodder - this is excellent reading!! Can I be cheeky enough to give you details of a claim I have going thru with Co-op at the mo. Basically, I closed my account with them 2005. It was not until December 2006 that I was made aware that Bank charges are unlawful and can be claimed back. Now my position - I wanted to go back the last 6 years I held my account - 1999! However, they stated that due to the 6 year limitation, I could only go back to 2001 - 6 years from the date I contacted them! What would you advise - I have reserached and am aware of Sec 32 and the Latent Damages Act, 1986 etc. In their reply they quoted ..... The statement you make referring to Latent Damages Act 1986 does not refer to default charges but to goods which have been purchased. Therefore, is not applicable in this case. As previously advised charges are only refunded for a 6 year period, as agreed by the Office of Fair Trading and the Financial Ombudsman Services. Thanks for your continued support etc
  2. Reading this now - but yes you can!! Sec 32(1)(b) Limitations Act, 1980 was inserted by The Latent Damages Act, 1986. As long as you have a valid case to 'prove' their concealment, the claim will be valid!! Sorry, this is most probably pointless now.:o
  3. Yes.......as it stands at the mo, the bank are saying that I can only claim the charges 6 years from NOW. I'm saying that it's not my fault I have not found out about this before and, using Sec 32(1)(b) Limitations Act, 1980 (as inserted by the Latent Damages Act, 1986) I'm going to claim the last 6 years I held the account (at the time of making the claim this will include dates from 1999). Hope this makes this more understandable.
  4. Why not start a petition on 10 Downing Street website - Home and then just select the 'Petition the PM' option. This will by-pass the option of everyone individually canvassing their respective MP (which would also take longer). I've done a bit of research, and CAG (and others) don't offer much advice with regards to Mortgage Companies generally (especially 'Early Redemption Charges/Penalties (ERC's)).
  5. Reading this thread due to wanting to claim ERC - what was the outcome of this case??
  6. Totally agree with 'Groovycaz' - the Latent Damages Act, 1986, inserted sections 14(A) & 14(B) into the Limitations Act, 1980. But, more importantly, inserted Section 32 - the normal section here would be to quote Sec 32(1)(b) - there's load of stuff to be found on this section!! I've just written to Co-op going back to 1999. The reason - 1999 to 2005 was the last 6 year period that I held my account. I could go back further, but this is MY 'gesture of goodwill' (basically, banks etc always use this tactic before going to court to be seen to be 'fair' - I've played them at their own game). It's important to be fair as well and not greedy - in my opinion. The OFT and Financial Ombudsman are always releasing new guidelines - and the banks do not want to be the first test case at court to have a judgement ordered against them. Stick by your guns and keep it fair. Good luck.
  7. I know that when people have approached some banks/financial institutions (esp. Egg) they have 'stalled' things by asking for proof of ID. Don't forget, that on file they will hold your signature. As long as your your signature hasn't changed since you closed your account, this is sufficient. Read the 'FAQ' section and they relevant forum for your bank - there's great help here!! As above, state all your personal details which were correct at the time of holding your account when you send the SAR, and under the Data Protection Act they will have the statutory 40 days to reply - and supply your accont details. Something else you could consider, is visiting your branch you held your account and speak to the Bank Manager direct!! The important thing to mention is ..... don't be scared of the Banks - they are approachable. Good luck.
  8. The other advantage to using the Ombudsman is that this service is free - use it in addition to any legal battle you commence. Use the Lloyds Bank forum pages to get advice etc - will be more productive. Good luck!!
  9. There is specific legislation that all Councils use re abandoned cars. One of the requirements is for a notice to have been adhered to the vehicle (normally for 28 days) if the owner was not known. However, in your case, if you were still the registered owner, the should have written to you. You need to write back to them and contest it (and the land owners of the car park could write a letter corroborating what you are claiming). The other thing you could do is you onto their web-site and see what 'published' policy is in relation to abandoned cars. See if they have stuck to it in this case.
  10. Politely write to Wescot stating that you're in dispute with (in this case) Vodafone, and that until that matter is sorted, you will not be paying Wescot Anything!!! Wescot are not a financial institution so they cannot charge you interest. You're keeping them in the loop, but you have to instigtate the process against Vodafone as soon as possible. I had a similar situation with O2 - obviously yours may be abit different - so I apologise if thsi does not suit your situation.
  11. Further to mentioning just the Limitations Act, 1980, you could also mention the Latent Damages Act, 1986 - this inserted Section 32 into the LA 1980. I know you think "Why should I bother??" but, but quoting as much Statute Law as possible, it shows them that you mean business and appear to know what you're talking about (they're less likely to mess you about!!)
  12. The Latent Damages Act, 1986, inserted Sections 14(A) and 14(B) into the Limitations Act, 1980. But, these were overrided by the insertion of Section 32. Basically, if one of 3 situations arise then the period of limitation is suspended INDEFINATELY!!!!! It's up to the discretion of the court (ultimately) to judge whether each case is proved or not (but with OFT findings changing all the time and banks not wanting to be the first 'Test Case') go for it - what have you got to loose??!! With Data held by the banks, all of them have a 'weeding' period (the time period after which all info is destroyed). However, they should supply all info as none want the intervention of the Data Commissioner!! So, if you've asked for all info etc, then normally accept what you get back BUT never ask fo r just the last 6 years because this is the normal 'limitation period' - leave it 'open-ended.' Hope this helps
  13. Archie - I've been doing extensive research into claiming back appropriate charges beyond the normal 6 year Limitation (Limitations Act, 1980). There is Sec 32(1)(b) of this act which helps to go beyond but the magic one is..................Latent Damages Act, 1986. This doesn't appear on any of the forums I've been looking at here!! It inserted Sections 14(a) and 14(b) into the Limitations Act. In particular, it inserted sec 32 which.....suspends the period of limitation indefinately (if one or more of 3 situations apply)!!!!!! Just quote this in the letter to them and see. Itt will also be worth re-writing to the Ombudsman again. This service is free and quote things you have already picked up on on this site. You also need to get onto your particular bank's forum - research and you will find 90% of what you want from it. The above is only advice based upon the scenario you originally stated.
  14. I had a loan for electrical goods where I incurred defaulf charges. Going to obviously proceed to get these back (normal manner), but the account was then forwarded onto (in this case 'AIC' - a debt collection company). The account with them was finalised with a 'final settlement fee' (way below the original debt figure). However, due to this I have now found out that 'Firts national Tricity Finance' put the mark on my credit history. I've never had this before. Now.........my query. Not only am I approaching them to re-claim my default charges, but what re-dress do I have to get my credit history problem sorted? Any useful help would be greatly appreciated (could this be as comprehensive as possible............one reason - I check thru the forums/threads and when I find something that maight help, it doesn't go into enough info) Many thanks
  15. Spuddy - go onto the Co-op Bank forum. There's loads of advice here. Just as a quick reply, debit interest cannot be claimed. Good luck!!
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