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Claiming beyond 6 yrs - important new information!!!

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We think that claimants should consider claiming beyond 6 yrs.

 

Firstly, the charges campaign has been in full swing now for a good year. The banks were well aware of it a year ago and also the OFT report highlighted the law and the bank's obligations - just in case any of them were at all in doubt.

 

To my mind this is good evidence that any bank which continued its charges regime after the date of the first OFT report has been concealing its charges regime and therefore has lost the protection of the Limitation Act.

 

I do not believe that the Limitation Act offers any long-stop mechanism so that if you concealed the facts one year ago then you do not merely accrue an additional year of liability. I think that a single instance of concealment invokes s.32 and the limitation barrier falls away completely.

 

Concealment amounts to a question of the morality of the defendant's action. Once this is established then I do not believe that the courts will strive to give them any help.

I understand from Zootscoot that this view is also confirmed by case-law.

 

In fact it seems even if a concealment has occurred even after the breach in question has occurred, the limitation period still falls away.

 

If the banks want to challenge this then it is up to the claimant to respond at least with the arguments above and then if the bank want to rebut this, they can rebut it with a statement of truth.

I doubt whether any of them would dare. They are already getting in too deep as it is.

A statement of truth which is made knowing that it is false or reckless as to its truth is a contempt of court. I do not believe that the banks would go this far

 

We would urge all claimants to claim as far back as they can.

In the case of the Yorkshire and Clydesdale banks we would suggest that even where claimants have accepted full and final settlements or have accepted compromise settlements that they should now go back for anything outstanding on the basis that the Whistleblower disclosures show that there has been concealment and that any full and final agreements are now vitiated by that concealment.

 

We expect to be giving the same advice in respect of other banks as more information surfaces - as it surely will.

 

However, we consider that beyond 6 years is now just a basic claim.

 

We will be amending templates and so forth in the coming days


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Hello,

 

I've just read this post and my heart lifted,,,,,,would this apply to a bank account now closed? Also, I had paid hundreds and hundreds of pounds in costs on a regular basis to Natwest over ten years ago,,,would I be able to claim them back? That would actually change my life:) its so much money

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Concealment amounts to a question of the morality of the defendant's action. Once this is established then I do not believe that the courts will strive to give them any help.

I understand from Zootscoot that this view is also confirmed by case-law.

 

Hi BF

 

Great news just what everyone has been waiting for

 

Would it be possible for you to name the cases mentioned by Zoot for reading up on?

 

Thanks

 

Jules

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So, if I have sent off a SAR recently, and they have replied with stating that they only hold information, in the format of bank statements for a period of 6 years. I should now contact them asking for any and all information held in any format defined under the DPA, giving the reasons as per bankfodders OP


GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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sure i read somewhere recently of a woman who reclaimed 10years worth of payments but she had all her old statements.

 

the problem as I understand it is that the banks are only required to keep 6years worth of details(or provide 6years) and this is the only thing stopping claimants going back further.

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Barclays do keep 12 years of statements; though I suspect they may start warming up the furnaces soon.


18/11/2006 Recieved Statements from Barclays.

20/11/2006 Sent Prelim for return of £575.

27/11/2006 Received offer of £290.

4/12/2006 Sent LBA.

8/1/2007 Filed Small Claim at court.

12/02/2007 Full settlemant from Barclay's.

12/02/2007 LBA sent to Mint.

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Here's a caveat:

Do not think that your repayment will be automatic. The banks are likely to dig their heels in even more. However, you should dig your heels in too. If they want to argue it in court then that's fine. We are all ready.

However, they are most unlikely to go into court and by claiming pre-6yrs, the stakes for them are raised even higher and now there is a good argument to dislodge the limitation barrier.

 

Of course there is the problem of getting statements but I would say that all banks keep their records for a very considerable period of time.

 

The Abbey, for instance keep their records back to 1926.

 

We have seen the tricks which the banks have used in the past to prevent access to personal data.

 

Both Barclays and Abbey have been found to be in breach of their statutory obligation.

The BBC showed the culture of dishonesty which exists within Barclays.

Watch out for dirty tricks generally in any bank.

 

 

However, our advantage is that we receive and share so much information from our Users and also helpful information from bank staff who are sickened by the attitude of their employers that I am sure that we will always have access to the truth.


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Great news, I'll be sending some letters to Barclays for "old" credit card accounts after the Easter Break - they'll no doubt owe my OH more than he owes them!!!!


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Would anyone know how long the royal bank of scotland and halifax keep our account records for? If this all works out then like a previous member to this thread my life would change considerably. They have taken that much money from me in the past whilst bringing up a family.

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This is good. I think the banks will definitely dig their heels on this.

Couple of points on this:

1. What if the banks say they dont have any of details of charges further back is that you stumped?

2. Is this England only? will it cover Scotalnd, bearing in mind that the Scottish small claims only have a £750 limit and that you're into the Sheriff court system.

Does anyone know of anybody who has actually claimed further back and had a success?

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I am so happy to have read this thread - i will be attempting to claim back charges from Barclays from 1989- SAR ready and waiting to go.

Best wishes

Sandbag.

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Go for it. Keep us updated. I went through a bad period just over the 6 years cut off. If this was possible, I think I could semi retire!!

Good luck

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Over 6 years???? That's fascinating. Both hubby and I ended up with CCJ's in about 1993 via Barclays Bank. Both were for around £500 I recall, all purely bank charges. In a nutshell, I wasn't working, had three tiny children and hubby got made redundant (at a time when everyone around us was, the recession I beleive they called it.........Nigel Lawson "Unemployment is a small price to pay to keep inflation down" ...

 

If I was to send SARS to Barclays without knowing any account numbers for around 1990-3 Would I realistically have any chance of receiving the statements?


I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Would anyone know how long the royal bank of scotland and halifax keep our account records for? If this all works out then like a previous member to this thread my life would change considerably. They have taken that much money from me in the past whilst bringing up a family.

 

I recieved 15 years of Statements from RBS


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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does this apply in scotland aswell as i have heard that you can only claim for 5 years in scotland.hopefully it does!i have at present got a sar in on intelligent finance and one in on the bank of scotland.35 days gone and still waiting. do i chase them up or just wait till the 40 days are up?thanksandromeda411

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Dont worry about the requst to the bank, I was told by HBOS that they had to bring extra staff to deal with the demand! Speak volumes dosent it. I sent off for mine at the start of february and it was the end of march before I received anything back. Hold in there.

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I recieved 15 years of Statements from RBS

Did you manage to claim the lot back or did you go for the statutory years?

Tell me, did you get Parcel Force to deliver them? ha ha. I only got 5 years and it was 30 odd envelopes.

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Following a conversation with a friend who's currently reclaiming charges, we have come to the cross roads regarding getting the information from over 6 years ago. We both have closed accounts with HSBC who have written as per my post above, to advise they do not keep details over 6 years old.

 

I have been asked to verify if then in this situation, should you put in a claim for a 'set fee' i.e. £500/£1000, and then make the bank verify that this amount does not reflect the charges i.e. by producing the actual details of the charges on the account?


GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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That sounds interesting. My main problem and probably that of others staying north of the border is, does this cover Scottish legislation.

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can solicitors representing claimants gain access to these offendin banks archives/records of accounts? surely it would be illegal to conceal this information!

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Good to hear your views on this BF, I am now going to claim further charges from Barclays, HSBC and Abbey.....:)

 

Will you still be amending the templates??? I would prefer to use the CAG wording for my letters :)


REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Guest NATTIE

i thought i would say that i believe statements are possible with natwest going back at least to 1995 possibly further but importantly charges information would be obtainable back to 1992 on a full Subject Access Request on the old natwest archive system and that is important.

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I have just read that you can claim for charges beyond 6 years.Does anyone know how long you can actually go back. I suffered numerous charges when i banked with natwest.

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I have had 12 years of statements supplied by Barclays and have done prelim and LBA, both deadlines are up. However due to the POC I am putting forward which has been created with the help of others here and over the road, I am sending a final LBA just to be safe.

 

Then when I have the money to file I will be hitting them for 1996-1999 with CI.

 

Bankfodder, I would be interested in the case law you have refered to that Zootscoot has. Could you pm me some links or post them here.

 

Thanks, and this is not before time.

 

Tanz

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Bankfodder, I would be interested in the case law you have refered to that Zootscoot has.

 

The one relating to concealment occuring after the cause of action is Sheldon v RHM Outhwaite (Underwriting Agencies) Ltd [1996] AC 102.

 

I'n not sure if it is available on the web.

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