Jump to content


Sorry, prob been asked before but can we claim for over 6 years ago?


wavedealer
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5316 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I got £3500 from hsbc recently, but have an abbey national acccount from 97-00 with another couple of K's worth of charges.. wondering if i can get these back?

 

sorry, prob a repost but I cant find a thread with the info I need

 

regards

:)

Link to post
Share on other sites

well, i will dissent on this but merely add that a few members have and a few members are in the process, however you are up against The limitations Act 1980 as chesham has said. There is a thread about it in the legalities or general section, i believe.

Link to post
Share on other sites

Reading this now - but yes you can!! Sec 32(1)(b) Limitations Act, 1980 was inserted by The Latent Damages Act, 1986.

As long as you have a valid case to 'prove' their concealment, the claim will be valid!!

 

Sorry, this is most probably pointless now.:o

Link to post
Share on other sites

there has been much debate on this.

 

another argument:

 

the limitation period would start when the payment falls due. this would be from when you first serve a demand for payment therefore theoretically you could go back beyond 6 years as a demand for payment has never been served.

 

thoughts?

Link to post
Share on other sites

Sequenci - that's shaky at best. The far stronger defence is that (take note Chesham) the bank have deliberately concealed the unlawful nature of their charges from you by continually stating that they are legal and fair, by continually refusing to reveal their costs in cases of contract breach, and by generally preventing access to information about their charging regime. Having concealed "a material fact" in relation to the basis for your claim, the six years begins when you discovered that concealment or the material fact concealed, or could reasonably have discovered it.

 

That's the clause that Gary Jay's on about.

Link to post
Share on other sites

Interestingly, Mackenzie Hall are used this argument when I spoke to them on wednesday. they claimed that by not supplying a forwarding address, I had committed a criminal offence (wrong) and that stopped the debt being statute barred. I spoke to TS about this and the guy said they had used this argument to him in the past, but to no avail.

 

So, it's a very interesting legal point, isn't it? When is "concealment" actually "concealment". if the DCA's are starting to use this argument (unsuccessfully so far, I believe from my conversation with TS), isn't it only fair that we also use it?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...