Some questions about interest, prelims and 6 year limits

[WoriedStudent]

I wonder if some kind sole could help me out with a few questions?

 

1) In the prelim letter in the library it has a paragraph about the OFT's position that penalty charges are unfair. Does this apply to bank account charges as I thought the OFT had only commented on credit card charges? Should I delete this paragraph if I'm claiming bank charges?

 

2) I want to claim back the overdraft interest I've been charged on my charges. I've used the Excel spread sheet to work this out but I realise this part of the sheet is not 100% accurate and largely depends on the day/balance you use for the calculation. How much does this matter? Do I need to worry that the data may not be 100% accurate if I end up in court? Should I put some kind of disclaimer in my prelim like "I claim £la.di.da.di.da + approximately £152.00 in overdraft interest". Will this cover me?

 

3) Since receiving my statements just over a month ago, 2 waves of charges now fall out side the 6 year limit (about £150). Can I still claim these or is it too late? Am I going to face stiffer opposition if I include them in my prelim?

 

Thanks for all you help with this and may the force be with you.

[pmhcfc]

3) Since receiving my statements just over a month ago, 2 waves of charges now fall out side the 6 year limit (about £150). Can I still claim these or is it too late? Am I going to face stiffer opposition if I include them in my prelim?

 

Thanks for all you help with this and may the force be with you.

 

I canhelp only with point 3...I believe that the 6yr time limit on these actually starts from the day they received your SAR..Someone will correct me if I am wrong though..

[lucid]

Hi and welcome!

 

Regarding your questions:

 

1. No there's no need to delete the paragraph

2. You don't need to put any kind of disclaimer or include the word approximately

3. I used to think that the 6 years was from when you send your SAR, but I have seen it pointed out that as far as the court is concerned it is 6 years from when you file your claim at court.

 

Good luck. Lucid

[WoriedStudent]

Thanks guys.

 

1) So it applies to bank charges as well. Cool.

 

2) What happens if I get to court and they prove that the figures aren't accurate, do I not need to worry about this?

 

3) So is the advice to try and claim them or to leave them off?

 

Thanks a lot guys - Much appreciated.

[lucid]

Hi,

 

I don't think there's a major problem if the figures were proved incorrect. I think it would be a case of a recalculation with a new resulting total - I don't think it would result in a case being struck out or anything that serious.

 

Regarding the 6 years limit it's entirely up to you. People have been successful in claiming pre 6 years charges, and if they're only just outside the limit I suppose you're more likely to get them. It's not an area that I've dealt with but I suppose researching the relevant section of the Limitations Act would help and I'm sure there's a lot of info on the forum dealing with it.

 

Lucid

[WoriedStudent]

Thanks a lot Lucid.

You're a very helpful person. :)