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Quick SAR query


pugwash
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On my SAR will it prejudice my case at a later date if i not mention on my SAR that i will be seeking to reclaim any excessive charges?

 

I would prefer not to inform the bank as it may prejudice a decision on an arrangement with the bank which is due to complete in the next few weeks.

 

thanks

 

James

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no i cannot see why you have to keep this bit in, but i dont want to advise you wrongly, hopefully someone else will know for sure, after all you will be writing to them with another two letters which will ask them for a repayment of the charges....as i say I hope someone else can confirm that I am right or tell me I am wrong!!¬

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There is no obligation for you to inform them at this stage.

 

However, what it does is establishes the time from when you can claim charges without relying on any legal arguments under the Limitations Act I believe.

 

The reason I believe this is the case is that under the limitations act you have six years to make a claim for disputes over a contract or the terms therein generally.

 

SO if you write telling them this is the case when you send the SAR that establishes your intent.

 

If you wait for the forty days then tell them a few charges could have been put out of your claim because of the time period between submitting and informing them of your intent.

 

JMHO

 

Glenn

 

PS you can of course argue that the Limitations Act does not apply because a)you made a mistake in paying the charges and b) they concealed the nature of those charges preventing you from making the claim.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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