advice required please help asap

[jeanetter]

i have recently received 2 years of bank statement which when added up works out that over this period i have been charged £4666.50 do you think i should now pursue them for this now ?? i have wrote to them today requesting that they forward on the 4 years previous to this time also (6 years in total ) any advice would be appreciated

 

thanks

 

jeanette

 

 

bankfodder

[blackcatchillers]

Hi Jeanette,you should get all the info about all charges for the past 6 years.And while your waiting have a good look around the site,you cannot read to much.I come on here everyday and i have only just sent of my data requests.

[jeanetter]

ok thanks for your reply i will get all info from bank first

[Glenn UK]

Jeanetter

 

A couple of things comes to mind. 1st is you should ask for all your statements and not limit yourself to 6 years worth.

 

The S.A.R - (Subject Access Request) you sent/send asks for transaction information about your whole account history, not six years worth.

 

Although the limitations act will be quoted, there is an argument against it that seems quite compelling and is being used by many of us.

 

Re the value of your claims, if you were charged at the same rate over the period you need statements for then your claim will be large.

 

When you add interest of whatever form it will boost it even more.

 

I would consider whether i was able to consider dealing with a claim via fast track (claqims 5 - 15k) as opposed to small claims (claims up to 5k).

 

The basic difference is that you are liable for some costs typically up to 750 for a fast track claim should you loose.

 

Additionally you could, if you were found to have acted unreasonably and I doubt you would, be liable for some of the defendants costs which could amount to a few grand.

 

You could claim up to 15K using fast track in a single claim.

 

If you wish to stay in small claims then i would recommend getting your first claim going now with what you have while you try to get back the rest of your statements.

 

There is potentially an issue with splitting large claims. In essence courts don't like it when a claimant keeps going back after what is essentially part of the same claim. As much as everyone will tell you you wont end up in court, you may and it should therefore be part of your decision making at this stage as to how you deal with a claim which looks potentially very large.

 

If you have a large claim and the defendant settles then you go back they could ask the court to strike your second or subsequent claims out on the basis of you abusing process irrespective of whether the first claim gets to court. If you dont have all the info because the defendant hasnt supplied it then thats a good defence to that argument.

 

HTH

 

Glenn