Claiming From 1991 To 2000 The Fight Begins

[livelylad]

hi can anybody help me regarding moneyclaim I've filled all in and paid (online) now it says claim issued 22/12/2006 and where it says judgement it says start................ do i press this or allow 14 days first I'm confused??????:? :-?

 

Ok from the date of issue its five days for the claim to be deened served.They have to acknowledge the claim in 14 days if they dont you can file for judgement, if they do acknowledge they the get a further 14 days to enter a defence. Total 28 days from the date the claim was deemed served. you can not apply for judgement until those dates have passed, the button will do nothing until they have expired.

[WILKINSS208]

im just filling in my questionnaire for court, claiming over 6 years. Do you think the below is fine and have I missed anything out???

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

The Defendant has entered a defence on 21 December 2006 which I received on 27 December 2006. The Defendant asserted its rights under Section 5 of the Limitation Act (1980) but offered to refund charges levied on the Account between November 2000 and November 2000. I decided not to accept this offer for three reasons:

 

· The Defendant had not complied with my S.A.R dated 11 August 2006- (Subject Access Request) and I had no means of validating the charges applied to the account. I had to report the Halifax to the The Information Commissioner's Office on 30 September 2006. Within a week I received all the requested information.

· The letter is internally inconsistent in asserting the Defendant’s rights under the Limitation Act whilst offering to refund charges levied more than six years ago.

· I do not consider that Section 5 of the Limitation Act places a restriction on this claim.

 

If the charges are time barred by virtue of Section 5 of the Limitation Act (1980) then I contend that he Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then I contend that the Defendant is mistaken. As I only became aware during July 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

[paulwlton]

Sounds ok to me, slight mistake your the offer, i think, was to Nov 2006 not Nov 2000.

[WILKINSS208]

Do You Think If I Put This In Stands In Good Stead?

[paulwlton]

I would start a thread and then pm members a link to it who have similar claims ongoing, that way we can all help each other and threads don't start to get confused.

 

And yes i think you've a good chance but bear in mind this is all experimental.

[WILKINSS208]

my link to my thread is

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/44416-wilkins-halifax.html

 

I would appreciate all the help in the world with this one!

[WarHorse]

when i first posted on this site in june, i expressed regret that i wuold not be able to claim against nat west, as between 1986-1993 they made my life a misery. so, to say i am watching you with interest is something of an understatement.

best of luck

regards kevluff

 

Sori 4 butting in here in this thread, but I so concur - ditto, NatWest made my life hell from 1990 onwards. If u pursue them, would you pls keep me posted as I am surfing threads currently to start my claim. Good luck with yours!

[WarHorse]

Can any1 suggest from where to request statements goin' back older than 6 yrs. I know the bank address but dont know whether older statements should be addressed to the branch and those within 6 yr timescale to Bishopsgate address.

[TANZARELLI]

Can any1 suggest from where to request statements goin' back older than 6 yrs. I know the bank address but dont know whether older statements should be addressed to the branch and those within 6 yr timescale to Bishopsgate address.

 

You should be able to get this by sending a full SAR to the head office.

 

Tanz

[WILKINSS208]

Can any1 suggest from where to request statements goin' back older than 6 yrs. I know the bank address but dont know whether older statements should be addressed to the branch and those within 6 yr timescale to Bishopsgate address.

 

 

im claiming back to 1990 and i obtained all statements through the post from them. I think I had the full rainforest through my letterbox in 2 days but got them all.

[livelylad]

I actually just phoned my branch customer services and asked for the statements. I asked for all statements they hold. Tanz's reply is the correct way to go about it.

[WarHorse]

My thx to all who responded. Let to NatWest 2moro!

[TANZARELLI]

Good luck. You'll be fine.

 

Tanz

[Jaynekul]

After reading this and the other related threads I am going to not only claim the charges going back to 1992 on my husbands account but claim contractual interest. I will need to send a new LBA with a spreadsheet of the interst calc. I have checked on the link on page 8 of this thread 6. Interest calculation spreadsheets but can only find the 8%. I know Im not the brightest spark so can someone help me find the right spreadsheet?

[livelylad]

After reading this and the other related threads I am going to not only claim the charges going back to 1992 on my husbands account but claim contractual interest. I will need to send a new LBA with a spreadsheet of the interst calc. I have checked on the link on page 8 of this thread 6. Interest calculation spreadsheets but can only find the 8%. I know Im not the brightest spark so can someone help me find the right spreadsheet?

 

 

Use the spreadsheet in vamps chamber. It is marked up for contractual interest compounded.

VAMPIRESS'S CHAMBER OF "CONSUMER ACTI...

[TANZARELLI]

After reading this and the other related threads I am going to not only claim the charges going back to 1992 on my husbands account but claim contractual interest. I will need to send a new LBA with a spreadsheet of the interst calc. I have checked on the link on page 8 of this thread 6. Interest calculation spreadsheets but can only find the 8%. I know Im not the brightest spark so can someone help me find the right spreadsheet?

 

Thanks for the PM, livelylad has posted it above, but in case you missed it i have PM'd the link to you for your info, in response to your PM.

 

Tanz

[WILKINSS208]

any news on this?

[newbody]

now subscribing

just started my claim off http://www.consumeractiongroup.co.uk/forum/abbey-bank/57977-newbody-abbey.html#post485027

 

so just getting data at minute but i will be looking at going back past the 6 yr mark as well with my claim

[photoman]

Any news livelylad ???

[100%WHU]

Ok I have sent of prelim letter to The Woolwich claiming back £2275.82, this includes £95.78 in interest. from 90-97.

Does anyone have any tips for me, I must admit I am nervous on this one

[isidore]

Most important one.....Read!! Get as much knowledge on board from fellow claimers as you can. This thread is a good place to start

[photoman]

100%WHu

Try this as some reading.

You should also do a web search on Statute of Limitaions Act, and refer to it (particularly sec32)when breading.

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

[Gez]

Are you still going on with this livelylad?

[tumble]

http://www.consumeractiongroup.co.uk/forum/natwest-bank/53869-tumble-natwest.html

 

Lively whats happening with your case? Could you take a look at my thread and I would welcome your comments.

 

Tumble

[TANZARELLI]

Hi lively,

 

I forgot aobut this post for a while as not had it pop up in my subscribed threads. Is it still going on mate??

 

Or have you put it on the back burners?

 

Tanz