20 year time limit in scotland - start claiming

[mackie68]

hi all,

im just about to start process of reclaiming unlawful bank charges, is there a standard letter which can be sent to request past bank statements and is there a cost to this request ?

[barracad]

Hi and welcome to the site.

 

You need to have a thorough read through the FAQs. There is a step-by-step guide and other important information. Also broswe round the forums to see how other people are getting on with their claims.

 

If you have any questions that you can't find the answer to feel free to ask.

 

Good luck!

[Debt Girl]

Good luck! which bank are you claiming from?

[mackie68]

RBS and HSBC.

I WOULD ALSO BE INTERESTED TO KNOW IF ANYONE HAS HAD ANY SUCCESS WITH REGARDS FINANCE COMPANIES ?

[mackie68]

how do i go about recouping charges from past accounts, my rbs account number has changed about 5 times in the 18 years i have been with them

[barracad]

When you send the initial DPA request, just request details regarding all accounts you have held. Include any previous addresses.

[mackie68]

hi all,

has anuone recently actually got any positive result from RBS ?

 

RBS account 1; DPA sent 6/6

RBS account 2; DPA SENT 6/6 partial statements recieved 28/6

[LondonPam]

Look through the litigation settled section and you will find details of cases that have been resolved. Remember though that many cases are settled before court. Here is the link http://www.consumeractiongroup.co.uk/forum/litigation/

[westable]

i have been looking through the forum and the litigation part but have only found three case, all for less than £400.00.

 

I am claiming just over £1400.00 and am awaiting correspondance back.

[homoeopathics]

There are examples of large pay outs, search "cobbetts" and read all the threads that come up. There are at least 3 pay outs described ranging between £2K & £4.5K....all of which have been pressured by Cobbetts....

 

Just focus on the FACT that the Banks are only going through the motions....and are not (yet) serious about stepping into the court room.

 

.....follow the guides....decide to reclaim ALL your stolen cash....and it will be yours.

[mackie68]

hi all,

update on my progress,

claiming against rbs on 3 seperate accounts

capitol one - on 1 account, will decide on 2nd account later

barclaycard on 1 account

hsbc will be my last later on, need the account in case rbs close all 3

[mackie68]

hi,

today is the return day for 2 claims i am making,

 

first against RBS for around £740, they have not responded.

second against Barclaycard for around £450, they have entered a defense.

 

my questions are

 

1) do i just fill in form 11 and sent to court ? with regards RBS and can i claim 8% interst from date of claim filed ?

 

2) how to i proceed with claim against Barclaycard. what evidence do i need to take, due in court next thursday, do i need evidence at this time ?

 

thanks in advance

 

mackie68

[Robertxc]

1. Yes. But...expect them to lodge a minute for recall and have the case brought back to court.

 

2. If it's the preliminary (first) hearing, nothing much will happen. Take along copies of everything kust in case, but all that will hapeen is that the sheriff will check that everyone's prepared to proceed. You'll get a date for a proof hearing, which will be sometime in December. Expect them to settle before then.

[mackie68]

i have been givin a date of 21st december for Proof Hearing at Sheriff Court, RBS defence is that part of my claim is TIME BARRED in terms of Prescriptions and Limitations(Scotland) Act 1973 as the charges levied were over 5 years old, i am trying to put together defence that since i only found out that their charges were penalty charges this year and that penalty charges are a breach of contract therefore the 5 year limitation holds no weight and that i have up to 20 years from date of offence to raise a claim.

 

Any help in preparing for proof hearing would be appriciated.

 

also should i enter into written dialogue with RBS to try to prevent need to appear at proof hearing or should i just wait for it ?

[daveyloon]

The twenty year claim limit can be complicated, you can claim 5 years worth of charges in Scotland from the time you "become aware" diligence is the keyword here. Personally I think you should press ahead because the bank knows they will probably lose and for the sake of a sum of money that is a drop in the ocean to them, the "Losing" is potentially more damaging from a reputation point of view than writing off a comparitive "meagre" sum of money.

They`ll hold onto your cash as long as they possibly can but they don't want to go to court.

[daveyloon]

If you enter into a dialogue with the bank at this stage, they will know you are doing it because you are unsure of what the outcome is going to be. Be persistent and hold your ground.

 

Not as much help for you when you're in Scotland eh? I've found the CAG help and advice invaluable but there is not so much SURE FIRE INFO when it comes to Scots law. Good luck.

 

TOGETHER WE WILL HAVE OUR GLORY DAY.

[mackie68]

ive just recieved the RBS defence which they have lodged.

 

it is as follows

 

Admitted that the Pursuer(me) held bank accounts with the Defenders since on or before January 2000 with account numbers *******,******* and *******. Admitted that the Defenders deducted from these account amounts of money in respect of "charges as notified" (levied if a cheque or direct debit payment was returned unpaid because specified overdraft limit has been exceeded). Quoad ultra denied except in so far as coinciding herewith. Explained and averred that the charges levied against Pursuer were applied in accordance with the terms and conditions of the banking contract between the parties and represent a genuine estimate of the loss suffered by the Defenders as a result of the Pursuers failure to adhere to the terms of the contract by repeatedly failing to ensure that sufficient funds were in his account to meet withdrawals. Esto, these charges are legally unenforceable (which is denied) the Pursuer's right to claim reimbursement of charges applied between 17 May 2000 and 20 July 2000 has prescribed. The Defenders have extrajudicially, and without admission of liability, made payment to the Pursuer in respect of his claim for charges applied to his account since 20 July 2000, together with payment of the Pursuer's fee for lodging the small claims Summons in the present action.

 

am i right in thinking that they

 

1) deny their charges are unlawful as they are an estimate of their loss

2) say that part of my claim is time barred

3) say they have already paid me a sum of money (which they have not )

[mackie68]

ive just recieved the RBS defence which they have lodged.

 

it is as follows

 

Admitted that the Pursuer(me) held bank accounts with the Defenders since on or before January 2000 with account numbers *******,******* and *******. Admitted that the Defenders deducted from these account amounts of money in respect of "charges as notified" (levied if a cheque or direct debit payment was returned unpaid because specified overdraft limit has been exceeded). Quoad ultra denied except in so far as coinciding herewith. Explained and averred that the charges levied against Pursuer were applied in accordance with the terms and conditions of the banking contract between the parties and represent a genuine estimate of the loss suffered by the Defenders as a result of the Pursuers failure to adhere to the terms of the contract by repeatedly failing to ensure that sufficient funds were in his account to meet withdrawals. Esto, these charges are legally unenforceable (which is denied) the Pursuer's right to claim reimbursement of charges applied between 17 May 2000 and 20 July 2000 has prescribed. The Defenders have extrajudicially, and without admission of liability, made payment to the Pursuer in respect of his claim for charges applied to his account since 20 July 2000, together with payment of the Pursuer's fee for lodging the small claims Summons in the present action.

 

am i right in thinking that they

 

1) deny their charges are unlawful as they are an estimate of their loss

2) say that part of my claim is time barred

3) say they have already paid me a sum of money (which they have not )

[MARTIN3030]

Welcome to the site.

This is rather confusing ????

Yes they are arguing that they dont owe you anything as the terms and conditions were breached.

I understand them arguing the limitations part but they say they already settled ?

Is this a second claim ?

Have they made ANY refunds ?

If not looks like they dropped a clanger.

If that is the case I would be looking to have the defence struck out and Judgement awarded on the basis that the defence does not stand up.

[mackie68]

martin3030,

do you know what is meant by "extrajudicially"

[mackie68]

martin3030,

sorry forgot to add

 

this is first claim, no they have not made any refund into my account,

and i am trying to counter their argument about limitations due to no prior knowledge of unlawful penalty charges, and how to i get defence thrown out at this point, we have already been to court and not due now till proof hearing on 21st of dec

[daveyloon]

That sounds to me like what they are saying is that they have paid you what you asked for from 20 July 2000, but are saying that your chance to claim back charges that date back further than that has passed due to time restrictions. I think they are saying that although they do not admit liability and do not admit that they are oblidged to pay the charges back, they have made arrangements to pay you back anyway. They maybe haven't actually paid you yet, but they obviously are going to. What that entire statement says in simple terms is as follows...

 

The charges that date before 20 July 2000 are outwith the time limit for you to claim back, but although they do not admit to breaking the law in making the charges, they have paid you back the charges and cost of lodging your small claim. They maybe haven't actually given you the money yet, but if you get on to the bank, i would say it sounds like you have won. Well done.

[cheddar]

Please have a read of the RBS forum I claimed against Natwest (owned by RBS) and they send tripe like this as part of their defence and it is all rubbish you carry on as normal.

 

However you need to make sure you have submitted your claim correctly and properly particularised your claim too. What did you put in your POC? They tried this with me too, said i was time barred etc... even been telling some people they simply don't know what account or what charges they are on about even though they have explained it fully.

 

They're trying it on! lol!

[cheddar]

Actually i must apologise i have never seen one saying they have already paid you back! lol! Looks like they have totally messed up to me!

[mackie68]

all,

 

i have just came back from my proof reading, rbs settled after my opening argument.

 

my claim was for charges more than 5 years ago and my case was that the law in scotland allowed me, where there had been a breach of contract to claim further than the 5 year limitation.

 

i would advise anyone to try for more than the 5 years as my case shows that they will settle eventually.