Nat West - Limitation Act 1980 ????

[Ginger66]

Hi all

wondering if anyone can help me.I finally received statements for my mothers Nat West account from 1993-1999 when they closed it after they had fleeced her.

I am helping her claim back charges and today she has received a letter saying due to some Limitation act 1980 she does not have a claim and can only claim for the last 6 years.

Has anyone else had a similar letter and if so any advice.

 

Thanks

[tiglet]

This is an interesting one - I have read somewhere on the forum (I'm searching as I type) that your Mum can argue that as she was unaware these are unlawful charges, the limitations act does not apply.

 

I'll see what I can find for you - it was a while ago that i saw it, so it may take some time.

[hedgey06]

Hi Ginger, this is quite common when you're reclaiming charges that are older than six years ago on your account!

 

Regardless of the fact that the charges are 'old', the main fact is that your mother didn't realise until recently that she could actually reclaim them - therefore, the Limitation's Act becomes slightly distorted!

 

I'd advise you to continue with the claim and to send them the LBA as normal and then proceed to file at court. However, in the meantime, have a read up on the Limitations Act in the Statutes Library just to ensure that you're fully aware of how this applies to your mother's claim. When it gets to the time when you need to start submitting further evidence in support of the claim, we'll be able to advise you further on this. x

[Ginger66]

Hi ya,i'd never heard of it before.

 

Found a few threads,it's a minefield.Just seeing if there is another Limitation Act template letter to send back to them.

 

They recently paid me first time no problems for the last 6 years.

 

Thanks for your help

[tiglet]

Thanks for jumping in hedgey - saves my eyes

[Ginger66]

Hedgey,cheers will do and send LBA.

 

Does look quite complicated.Will do my homework and keep you updated.

 

Thanks again

[hedgey06]

It is complicated - but the more you read up on it, the more you'll understand and the less you'll leave to chance!

 

Best of luck hun. x

[gaz2006]

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

[hedgey06]

Hi gaz,

 

The best thing to do is to start a new thread in this forum and put all the details on it, e.g., what you've done to date, where you're up to, etc. We'll be able to advise you more fully if we have the full details.

 

With regards to the T&C's, have a look in the documents library - there should be some Nat West business ones in there. If you can't find any though, Steven4064 may have some available - let us know if you can't find any.

[steven4064]

THe 6 years comes from s5 of the Limitations Act 1980

5 Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

- the 'action' in this case being the application of the charges.

 

The rationale for being able to claim for charges older than 6 years is in s32 of the Act

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

 

(a) the action is based upon the fraud of the defendant; or

 

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

 

© the action is for relief from the consequences of a mistake;

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

You paid the charges back then mistakenly thinking they were lawful. Since then, the banks have concealed the true nature of their charges. You only discovered your mistake and the bank's concealement a short while ago when all this bank charge claim stuff started and could not have reasonably done so before.

 

Hope that clarifies things.