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Clarification of 6 year rule please


rustyboxx
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Hi all, I've already started to claim my charges back from Lloyds for the last six years and my thoughts have now turned to an old NatWest business account I had from 1998-2001 where I was charged huge sums of money over the period. Sadly, I ended up getting a CCJ out of that which is now almost expired despite being satisfied.

 

My question is can I claim charges that are beyond the last 6 year period or is it the case that I have 6 years from the date that I discovered the bank has been charging unlwafully to claim the money.

 

I have a couple of credit cards that also go back beyond 6 years and would be grateful for clarification of the 6 year rule please.

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Hi Rustyboxx.

 

You can go back 6 years from the date that the courts issue the claim.

Beyond that you are into the realms of the statute of limitations. There are some users that are trying to claim over six years but it is early days and we have not yet got all the angles covered.

Problem is that if it goes pear-shaped, and the likelyhood of that is high at the moment, then you will find yourself liable for the banks legal costs, including their solicitors/barristers.

 

If you want to chance your arm, then do a site search for statute of limitations.

 

Regards, Rooster.

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Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Thanks Rooster. I did a quick search before I posted but wasn't quite sure what the position was. I did another one in response to your reply and found this thread. I'm still not quite sure but think I'll give it a shot.

 

I think I still have all my NatWest statements but can rely on my old Quicken accounting records so should be able to tot up what the charges are. I figure I'll soon get NatWest's view when I post off my prelim letter.

 

Thanks again.

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I had a question with this....

 

I submitted a letter to Barclays back in September. That was for the charges alone. Now its gone all the way that Im at AQ stage. Barclays state in their defence that the claim for charges made before Novemeber 29th (date of claim issue at the court) is invalid. Surely, the claim for ALL the charges is valid! After all, they declined to settle out of court (so far) so its their problem?

 

Just checked and it would lose me about £60 off the claim....

 

UNAUTH O/D FEE £20.00 29/09/2000 2291 £10.08

UNAUTH O/D FEE £20.00 30/10/2000 2260 £9.94

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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If you want to avoid the statute of limitations, then you can only claim back six years from the date that the court ISSUES the claim.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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As I understand it is six years from the date you initiated recovery. In other words the date you formally contacted the bank to ask for the charges back.

 

There is a case for going beyond six years that may well stand up.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Thats the thing! Its not like Im claiming since 1998 or anything! I asked for the statements since Septemeber 2000 and the claim went in the following week once the charges were collated.

Is it worth me mentioning this in my AQ? i.e. that they have had adequate time to settle out of court (pay me!) but they decided to delay it and its now reached the courts.

Its not the only cock up either! See the last few posts of my thread!

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/30450-fullyskinted-barclays.html

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Guest peed orf

Somewhere on the forum, Westy, Bill-k, Bong and a few others had a lengthy discussion on when the "6 years" actually covers. I'm fairly sure[but not positive] the outcome was, 6 years when the "unlawful" decision was made!

 

Discussed here recently. http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html post 520+

 

Also gives link to Acerfans thread.

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This six year rule is a bit of a funny one. If a bank claims it has been asking for its money from 8 years ago, but did not have :

 

1). your correct address, becasue you moved and they did not update their records.

2). your latest name, as you remarried.

 

Does the six year rule still apply, or would the court see that you have avoided them?

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If you don't admit the debt and there has been no contact for six years, I believe it becomes unenforcible.

Post the question on open forum for verification.

 

You can claim back as far as you like. But beyond six years back from the date of the issue of the claim, by the courts, you are into the statute of limitations area and may have to fight the claim on that basis.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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The six years is counted from when you file the claim. It only makes a couple of days' difference compared with issue but it can make several weeks' difference compared with initial contact. I was corrected on this point by Bong on Acerfan's thread. You'll find a lot of 6 years info on that one.

Best

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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