Money Taken Off Settlement Figure As Per Limitations Act

[Lucylou]

Hi,

I have received a cheque yesterday from Cobbetts. They say the usual rubbish - we believe you will fail but we'll pay up anyway blah blah.

They have quoted the Limitations Act though and have taken off several charges becuase they say I cannot claim as the claim was brought on 18th Dec 2006 and so anything before 18 Dec 2000 cannot be included.

My SAR was sent to them on 30th August 2006 and my 1st letter requesting a refund was sent 27th Oct 2006.

 

I'm sure I've read on here before that this is not the case but before I call them up I wanted to get the correct info to quote to them. The difference is around £800 to the final figure so I am keen to see these included.

Can anyone advise on this please?

 

Thanks:p

[Josamolly]

yeah i have had a cheque today and they have paid 4 payments that fell outside the 6 years as a gesture of goodwill... tell them you won't settle until they are included...tell them Jos said so..

[Deller]

The six year period will start from the date you first notified the bank of your intent to reclaim the charges, therefore 27th Oct 2006, so rightfully you can claim back as far as 27th Oct 2000. They do seem to take it upon themselves to deem the six year period starts from the date you filed your claim through the courts, but this is not the case.

 

You may want to respond with something along the lines of the following.

 

Thank you for your letter dated XXth March 2007.

 

I first contacted your client regarding their unlawful charges on 27th October 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of 9th March 2007.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

[Lucylou]

Thank you Deller,

Your advise is as speedy and accuarte as always!

I'll change the spreadsheet to delete any charges and interest accrued before the 27th Oct 2000 and stick it in with the letter.

Hopefully not too long before the final settlement now.

 

ps - I didnt get excited when I saw the letter from Cobbetts initially as I've been waiting for a special delivery one to have a cheque in it. It seems they may be having to save on postage costs....?