Quick 6 Year Query

[tasadin]

Is it 6 years from the date you serve the court papers or from initial calim. Personally I am starting my claim from Feb 00 running until sep 95 when I closed my account. Can I use these dates or do I need to go from Sep 00 as that would be 6 years back from now. Cheers peeps

[Bookworm]

5 yrs in Scotland. From when you first started, either SAR or prelim letter.

[tasadin]

Thanks for that got a bit confused there as I have just got an agreement out of MBNA for six years. Thanks for keeping me straight!! But one other but ... I live in scotland now but the accounts were opened and held in england as thats where I was living when the charges started occuring so albeit I now live up here and was when the latter charges occured can I still go back 6 years??

[Bookworm]

I don't think so, no, as you'll come under Scottish law, since your claim will be heard near where you live, so a Scottish court. I'm sure s/one will correct me if I'm wrong. I really don't know enough about Scottish law.

[tasadin]

Thanks again for the reply Bookworm, going to go with an N1 I think, based on a a couple of other threads on here. As the accounts were opened in england, albeit we now live in Scotland and that LLoyds TSB main head office is in England, I know they have a big office in Scotland too but the basis of the accounts in England I hope will swing it. Thanks for your help tho!!

[jarogold]

Just thought i would let you know that i recently wrote to royal bank of scotland re a business account that had been closed since february 2001. However I chanced my luck and asked for charges to be refunded from August 2000 until the account was closed in feb 2001 (ie 6 years ago). Got reply two weeks later offering me approx 60% which i replied that if we met half way (ie approx 80%) i would accept their offer just to get quick settlement. That was last week so am just waiting for their reply now.

[jarogold]

Hey, just to let you know i got reply back from RBS accepting to settle at the 80% and are sending cheque within next 5 days.

[buzby]

My difficulty witrh MNBA is that the Credit Card was cancelled in 2000 and the dispute rumbled on. I had moved to Ireland (through work) but they took me to court in Scotland, and the first time I knew of the pending action was AFTER the Return Date,. I went to a solicitor who advised I could seek a 'Reponing Note' but the costs for this were horrific, so effectively they won - ther there wasn't much I could do.

 

Now that they and companies like them are on the back-foot so to speak, I want my pound of flesh, and have sent them a SAR. There IS the possibility that they'll attempt to use the dates to time-bar my efforts, however since I've been the subject of court action and been forced to pay what is effectively a coerced payment of illegal charges, that is still within the time-period, so I may have to use this tack. Anyone in a similar situation or come across this before?