Back-dating Charges question

[petrafyde]

Hi,

 

I hope this isn't in the wrong place - new to this.

 

My question is why six years? Is there anything written which states I cannot request charges from further back?

 

I am currently waiting on delivery of 7yrs worth of statements (01/01/2000 onwards) and feel as though I should not be restricted by date.

 

My claim will be larger than £5000, I am supposing, so will not be able to use the Small Claims process, so I will be basically going for gold at them. I want every single penny back. If their customer service hadn't been so vile and unhelpful to begin with, in my times of real need, I may not have considered going for interest etcetera. Its not just about the money anymore. Sheer disappointment would be an understatement for the way I feel as though I've been treated.

 

Anyway, end of rant, I'd be grateful for any extra information regarding the above, which might help the claim.

[Glenn UK]

No there is nothing to stop you asking for as much information as you like.

 

If you used the template from the site as your subject access request then you did just that.

 

The banks are teeling porkys to prevent you finding out just how much they have taken from you i suspect.

 

JMHO

 

GLenn

[JulesTools]

..

[Glenn UK]

Jules

 

just a point worth noting is that splitting claims into bite size chunk has potential disadvantages in that the claimant is then open to being attacked for being a vexatious litigant.

 

as a basic principal claims should be bought in their entirety once the claimant knows they have a claim. I am certain theres a fancy term for this but cant recall it, but anyway, if you you have a number of statements now and are perusing the defendant for the rest, and they're being awkward, this would be a good reason to pursue the claim in more than one lump.

 

i have to be honest and say i haven't heard of anyone suffering this problem but it is theoretically a problem and should be considered by claimants.

 

Oh and i know the Pearl says that claims can be reduced in value to keep within the small claims court, but i don't think it says you can sue the same person three or four times by doing this and i think thats telling.

[petrafyde]

Thank you, both.

 

In truth, I would rather keep it to one lump sum. I have no qualms about going above Small Claims - just some nervous feelings in my tummy!

 

They basically refused (well, he said he couldn't) via telephone to give me more than seven years; 01/01/2000 til 22/01/07 is what I will end up with if I leave it at that.

 

Since then I am considering submitting the S.A.R - (Subject Access Request) anyway, to retrieve as many (as far back) as possible. I've spoken to Nattie in chat, who has advise me that it does indeed go further back (circa 1991).

 

I think perhaps the latter explanation for claiming more than once seems the most legible - use the banks own idiosyncrasies to dig their hole (their being awkward I mean).

 

My query was more, "Is it allowed" by law (sorry for not making that clear!), for me to claim back more than six years, I'm interested where it says six years only in truth - it would help me make a decision on what route to go along.

[Glenn UK]

claims beoynd six years old means you have to invoke sec 32 of the liitaions act and theres a long thread or two about this very subject and rather than try to repeat it i suggest you spend a bit of time reading through the threads and ask relevant questions in there before progressing.

 

HTH

 

Glenn

 

PS i currently have claims where im trying to go back beyond 6 years

[petrafyde]

claims beoynd six years old means you have to invoke sec 32 of the liitaions act and theres a long thread or two about this very subject and rather than try to repeat it i suggest you spend a bit of time reading through the threads and ask relevant questions in there before progressing.

 

HTH

 

Glenn

 

PS i currently have claims where im trying to go back beyond 6 years

 

Thanks Glenn, I shall do some more reading. How are you finding it? Is it much different or more difficult than the norm?

[Glenn UK]

No to both questions

 

but then the bank hasnt settled yet and i have a hearing to strike their defence out and an allocation hearing on the same day for the same claim and I bet i actually meet their man/woman in court for that!

 

So the difficulties may be no more in terms of the paperwork but expect them to argue very hard over the charges older than six years and expect to the have to justify the charges over 6 years old in front of the judge.

 

HTH

 

Glenn

[petrafyde]

No to both questions

 

but then the bank hasnt settled yet and i have a hearing to strike their defence out and an allocation hearing on the same day for the same claim and I bet i actually meet their man/woman in court for that!

 

So the difficulties may be no more in terms of the paperwork but expect them to argue very hard over the charges older than six years and expect to the have to justify the charges over 6 years old in front of the judge.

 

HTH

 

Glenn

 

Sounds like what I was expecting, the justification bit. How long has it been ongoing, if you don't mind my asking?

[Glenn UK]

Abbey since july

[petrafyde]

Abbey since july

 

 

Ouch, a bit reluctant to pay you then are they?

[Glenn UK]

My claim is for contractual interest, charges older than six years and default removal.

 

So its a simple matter, oh and i have applied to the court to have their defence struck out too.

 

So what with one thing and another its a nothing claim im surprised they havent paid out yet.

 

Glenn

[petrafyde]

My claim is for contractual interest, charges older than six years and default removal.

 

So its a simple matter, oh and i have applied to the court to have their defence struck out too.

 

So what with one thing and another its a nothing claim im surprised they havent paid out yet.

 

Glenn

 

Only just seen this!!

 

Yours is so similar to mine I'm thinking.

 

I don't completely understand the contractual interest yet (more reading) I will be applying for charges older than six years, will be following up all interest they owe me, and I'm certain there will be default removal.