Jayneuk v Halifax

[TideTurner]

If you think you're going a bit wayward, just post a question and somebody will help, but also look at standard letters on other threads sent by people in the same position which can be adapted to yourself with minor input.

[TideTurner]

Once you get your statements, enter your charges into one of Vampiress's spreadsheets so you can claim the interest back as well.

 

Do you have a SAR template to send to them?

[TideTurner]

Under the Data Protection Act 1998

Schedule 8 Part 1 (2) provides: -

"eligible manual data" means eligible data which are not eligible automated data;

Banks have been known to deny access to information as it is held in a manual format (in a physical file).

Nobody writes information by hand these days, so if they have a physical file, the documents contained in it will have been created on a PC and are therefore held in a digital or magnetic format.

Regarding the time you have to claim, you have 6 years from the date of discovery of your loss. The Banks will claim otherwise, however, it is now becoming clear that as charges were made, the reason for such charges was concealed from the client.

Limitation Act 1980 S32 (1)(a),(b) and © provides: -

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

You may therefore claim for all of your losses – then wait for a defence.

[TideTurner]

Guys, get your lips around this post!

 

KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!!

 

General Form of Judgment or Order

 

To the Claimant

 

kazzaw

 

 

Before District Judge ................. sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

[TideTurner]

Jayne, what was the date you discovered that all of the charges you had paid were unlawful?

[TideTurner]

The Limidation Date should commence from that date if you can show concealment S32(1)(a)(b).

 

It is also considered to be the date that you first complained to the Bank. I am claiming all of my charges, in the belief I didn't know the charges were unlawful until recently. I am also claiming damages for loss of appreciation on my property, stress and relocation expences.