Bank charge claim, help please

[mak71]

Sorry not sure if this is in right section, tried finding a specfific one to bank claims but couldnt find one,

Can a member of site team please move to relevant section if this is the wrong one,

 

Basically my brother has over just over £1000 of charges via yorkshire bank,

Hes now unemployed with 2 young children,but his partner works, they claim families working tax,

Can he put a claim in now or does he have to wait till the banks appeal is decided,

Also alot of those charges are from almost 6 years ago so hes worried they may expire if the banks drag this appeal on,, is there any time limit on how far back you can claim,

thanks

[steven4064]

Hi mak

 

I have moved you to the Yorkshire Bank forum

[silverfox1961]

Hi Mak,

 

Bang a claim in now if he has all his statements or knows exactly how much they have charged him. Otherwise do a SAR, then bang in the claim and do it on hardship grounds too. They have to look sympathetically on these cases

[mak71]

Hi Mak,

 

Bang a claim in now if he has all his statements or knows exactly how much they have charged him. Otherwise do a SAR, then bang in the claim and do it on hardship grounds too. They have to look sympathetically on these cases

 

Thanks, yes he already has all his statements and list of charges,

I will get the templates up later and send to him.

How far back can he claim, ?

is there a link to the do"s and donts for best results etc,

also understand he needs to be claiming interest?

 

thanks Mak

[silverfox1961]

As far as I'm aware, he can claim back up to six years of charges

[mak71]

Thanks,much appreciated,

what criterea is it for hardship cases, and will they still try and delay his claim,?

If they dont accept it under the harship rules, and this banks appeal process drags on, once its resolved will he loose the right to any charges that are then over the 6 years old?

 

Mak

[silverfox1961]

If he is on benefits, that counts as hardship due to the government giving out what they consider to be the minimum to live on.

 

Don't worry about the six year bit. once his claim goes in, he can claim back the six years plus any further charges up until the test case is resolved (even if it took another couple of years)

[mak71]

Thanks, will look up the templates for him and help him fill it in and send off over the weekend.

 

Mak

[steven4064]

As far as I'm aware, he can claim back up to six years of charges

The six years comes from s5 of the Limitations Act 1980

5 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

However, there is a school of thought that says you can claim back as far as you can get information by invoking s32 of the Act

32 (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 mistakenly thinking that they were lawful and the bank concealed from you the fact that they were not.

[mak71]

Thanks guys,

need a bit of help please, just doing the paperwork now re figures etc,,

some of these charges were 6 years and 4 months ago, so should we claim those back too?

Also quiet a few overdraft charges, are those re claimable?

 

Also how do we calcualte the interest due as the charges have accumulated over 6 years,

 

I can list all the charges and dates if thats helpfull?

which is the best letter template top send of his claim with?

 

Thanks

Mak

[caro]

Where Yorkshire Bank are concerned we know that they knew the full true cost of charges and concealed them, which means you can claim back more than 6 years.

 

There are a number of stickies at the top of this forum that you should read.

[mak71]

Thanks.

yes think i understand now after reading,am i right in thinking interest is only claimable if done through a court claim.

Is there any sepcific wording i need to attach to claim back further than 6 years,

ie how to word the initial reclaim letter to invoke section 32 of the act?

Thanks

Mak

[steven4064]

You do need to start a court claim but not yet because of the test case - send the prelim letter and ten the LBA but thten stop. In both, you can say something like "I am aware that some of the charges I am recaliming are older than 6 years but I intend to claim under s32(1)(b) of the Limitations Act 1980 on the grounds that YB concealed the true nature of their costs in relation to my defaults on the account"

[mak71]

Thanks

Much appreciated

Mak

[Dr Hunter]

Steven4064, is your advice to send the LBA and then hold off with the court claim?

If so, why is this?

I am currently at this stage and am waiting for advice on S.32 in the POC.

 

Regards

DH

Edited May 29, 2009 by Dr Hunter

[steven4064]

THat is what I have advised although other members of the team do not agree, including Bankfodder.

 

My reasoninhg is that once the test case is finally over, one of 2 things will happen:

 

1. the banks will lose and all claims that ar beyong the prelim stage will be paid automatically

 

2. the banks will win and any calim that has got to the coutr stage will lose the fee paid.

 

So I felt that stopping at the LBA statge would save the fee should the banks win (not very likely, I grant you) and you wold get paid anyway if they lose (the most likely option). Howevere, other team members see it slightly differently, based on the belief that the banks willdefinitely not win (which I think is pretty much the case). If you do not file in court, then you will not get interest.

 

So it depends on how conservative you are.

[Dr Hunter]

I see your point, in my case the interest makes up rather a large chunk so I would be reluctant to gamble with it. I would rather gamble the court fee.

Does the sending of a LBA stop the 6 year clock ticking? If the banks manage to swing some sort of limitation deal wouldnt a large part of the claim be lost?

 

DH

[caro]

The POC is not forgotten Dr Hunter.

 

I have to say that I'm of the view that it's better to put in the court claim, which I intend to do myself, but Steven is right that those who have to pay court fees risk losing them.