Claiming beyond 6 yrs - important new information!!!

[busa]

Hi All.....

 

i'm in the middle of my first claim agianst Nationwide. 6 years £1990.... i have just got the statements and still in the prosses of trying to make sence of the intrest bit?...

 

i was thinking about claiming further back than the six years but leaving it till my current claim is compleated....... can i do this or should i ask for more statements?..... if i do i think from reading this tread i will need to wait a little time before asking again?

 

PS any tips on working out overdraft intrest welcomed......!!

 

regards......

[Perseus]

Sorry mate, I cahnged it because I didn't think it was relevant to the thread!

 

Changed it back now1

That's ok, I just thought I was losing my marbles that's all! lol

 

Cheers!

[dylanniamh]

Hello

 

I have monthly bank and charge statements going back to 1990 showing all the charges that are likely to be deducted from my account for that month. However, even though I was charged for excess overdraft on my bank statements, these charges do not appear on my monthly charge statement. Could this be deemed as concealment?

[fjlondon]

I received a letter from Lloyds on Friday, which from reading this site this afternoon seems to be a standard letter. It answered lots of points I hadn't even asked...

 

I was just going to send a LBA but having read this maybe I should claim for further back than 6 years. I have statements from 1994. Can I just amend the LBA and send a full list of the charges incurred since 1994?

 

FJ

[kennyh]

Fj - read Zootscoots postings on this thread for your answer.

[taylormandy]

Hi All.....

 

i'm in the middle of my first claim agianst Nationwide. 6 years £1990.... i have just got the statements and still in the prosses of trying to make sence of the intrest bit?...

 

i was thinking about claiming further back than the six years but leaving it till my current claim is compleated....... can i do this or should i ask for more statements?..... if i do i think from reading this tread i will need to wait a little time before asking again?

 

PS any tips on working out overdraft intrest welcomed......!!

 

regards......

 

I would claim the whole lot in one go. I split my claims against N'wide and my final claim consisted of purely pre 2000 charges. I ended up in court and my claim was dismissed. I felt I had a strong case against the Limitation Act, but the judge obviously didn't agree. If you keep your claim intact, you may have a better chance.

[kennyh]

Zoot,

Any idea whether taylormandy's experience is a milestone so far as penetrating the LA is concerned?

[noomill060]

Depends if tayloymandy did it right, which given the judges opinion they may not have.

 

Merely feeling that you have a strong case is not the same as following the correct procedure.

[kennyh]

taylormandy,

Do you have a thread for your action - if not then any chance of starting one and 'walking' us through your presentation to court and defendants?

[Angry Abbey]

Hello everyone!

 

This is my first posting onto the site. I'm so glad I've discovered this forum as I am an angry Abbey customer as you may have guessed from my name!!

 

I've been waiting for statements from Abbey National for about six weeks now for two accounts held with them. They've sent me a few covering the last year and a half. Based on these, I've got a claim of approx. £2k - not including the last six years. Do I now claim for the past 10 years?

[Gazza01]

Good Afternoon all,

 

Hello from a Irritated Nationwide Customer, I have sent off the first letter in the Claim Back Chain [just by the statements I currently have access to, NW owe back £1905, and I still have to look at another 22 months for the rest of the charges for which I have paid £10, and await the missing statements - the 40 days for reply is up this Wednesday - of course nothnig has turned up yet!].

 

One thing I would like to ask having come across this very interesting post was has anyone who has been sucessfull so far with regards to the Thread Title, listed the steps & arguments they have taken to claim back all illegal bank charges seeing as the Limitation of 6 years is no longer in effect?

 

For your information as a Ex-Civil servent I would like to point out a interesting fact. ALL Mobile phone calls by law have to be recorded [and I strongly suspect all other providers as well seeing as it was principly pushed through the Commons on security Grounds] and kept for 7 years.

Failure to produce said recording [penalty was increased a year ago so this is slightly out of date] is £5,000 or 5 Years prison term on failing respond to a FOI request.

 

Anyone say put the phone down on you it is there for all to see, or not reply in a truthful manner etc etc.

 

If my case ever gets to court it will be interesting for Nationwide as they cleaned out my account one week with over £120 in charges leaving me with nothing, their reply on the phone was "and that's your problem." That was when I decided I would go about claiming back the charges.

 

Regards

 

Gazza01

[flower_fairy]

Hi everyone,

 

I have recently filed my claim against HSBC Bank and I have now received a response to my preliminary approach for repayment (30 days late).

 

They have given me a settlement figure for half of my claim and have dismissed one charge as it was applied over six years ago. I am not happy with this and wish to claim back the full amount. I am now wondering if I have to reply to this letter seeing as it was sent to me way after the 14 day deadline and my claim has been filed?

 

Regards

 

Flower_Fairy

[bloomingflower]

Please could someone tell me if I have been duped?? I have just called the DPA Team at Abbey,Graftons Gate,Milton keynes and I spoke to a lady called Sheena Small.

My main reason for calling was to chase up 6-years of statements/charges. I also asked her if they kept data going back beyond 6-years?and she said "no we dont,there is no information regarding statements going back that far,"she said they are destroyed after a period of time! I was shocked to say the least!!

 

Can anybody clarify if this is true??

[Angry Abbey]

Thanks for the reply Gazza. On the basis of your posting, I'm just going to go ahead and submit my first letter stating that the reason I've not been able to quantify the claim is based on the fact that the statements haven't been provided, even though they've been paid for!

 

It will then be up to them as to whether they settle or provide the statements I've requested. Either way, based on these figures, it's not going to be a good outcome for them, but hopefully my family and I make use of the money . I'll let you know how I get on.

[Angry Abbey]

Hi everyone,

 

I have recently filed my claim against HSBC Bank and I have now received a response to my preliminary approach for repayment (30 days late).

 

They have given me a settlement figure for half of my claim and have dismissed one charge as it was applied over six years ago. I am not happy with this and wish to claim back the full amount. I am now wondering if I have to reply to this letter seeing as it was sent to me way after the 14 day deadline and my claim has been filed?

 

Regards

 

Flower_Fairy

 

 

Hi Flower Fairy,

 

I'd reply letting them know that as their reply was received out of time, your claim has already been submitted to the court as promised. You should also remind them of the settlement period.

 

I'd be interested to see what happens.

[flower_fairy]

Thanks for the reply Angry Abbey.

 

Just one more question... My partner got his charges back from HSBC a year ago. He said that I do not need to write a letter, just to phone them and reject their offer as this is what he did. I feel that I am more likely to end up going to court so, would it be better if I wrote to them to keep a record for the court bundle?

 

Flower_Fairy

[Gazza01]

Angry Abbey,

 

Good Luck, but I feel compelled to point out I was not replying to your entry to the Thread but introducing myself and asking for information about Claiming Beyond the 6 Year Limit.

 

Regards

 

G

 

>Today, 15:23 #289 (permalink)

>Angry Abbey

>Basic Account Customer

>

>Join Date: Mar 2007

>Posts: 3

> Re: Claiming beyond 6 yrs - important new information!!!

>

>

>Thanks for the reply Gazza. On the basis of your posting, I'm

>just going to go ahead and submit my first letter stating that

>the reason I've not been able to quantify the claim is based on

>the fact that the statements haven't been provided, even though

>they've been paid for!

>

>It will then be up to them as to whether they settle or provide

>the statements I've requested. Either way, based on these figures,

>it's not going to be a good outcome for them, but hopefully my

>family and I make use of the money . I'll let you know how I

>get on.

[oneofakind]

For what it's worth, flower fairy, I ALWAYS reply in writing, by recorded delivery. That way they can't ever deny having been informed.

 

[happyolddog]

Hi All,

 

I successfully claimed my six years of charges back and a few weeks ago started the process again. Claiming back all charges to the date I opened the account,June 1982. The Halifax have until Friday 20th to comply with my request before I start court proceedings. I am not sure how much they have taken from me, but its in the area of £12,000 plus interest. So I shall have to file at court as Mcol doesn't allow for that amount.

So lets see how things work out, With law on my side I might be able to pay the mortgage off.....Wahoooo.

 

Best wishes,

Hod.

[kennyh]

Watch out Happy; the law doesn't appear to be on anyones side - least of all ours when you actually get to court. Cross EVERY 't' and may our Gods go with us.

[TANZARELLI]

Thanks for the click

[Fredperry]

Hello everybody,

i'm a new user and have loads of questions I need advice on, first one is, can you claim on bank charges on a closed account, I was into serious overdraft, the bank closed the account approximately two years ago, the same bank opened me another current account to use, the overdraft was paid off, when I look back I realised bank charges were causing a snowballing effect, I wasnt blameless because of spending e.t.c. there were times I put cash into the account to get me out of unauthorised overdraft only to be charged again the next day and back into unauthorised overdraft, which if I remember correctly was around £7 per day plus interest, and caused quite a few bounced direct debits, I was nievely reeled in to get loans from them to help pay my arrears, I feel it is now time to kick back instead of rolling over:???: regards Fredperry

[standingupformyself]

Hiya Fred and welcome.

Ask as many questions as you like, everyone round here is so helpful. First I would suggest that you open a thread of your own in your banks section/forum, as there are many people on the site with particular expertise to a certain bank.

Yes you can claim back on a closed account, go to the library/templates section and get a SAR letter sent off asap, enclose a cheque/postal order for £10, and possibly a photocopy of identification for good measure (some banks/institutions want to see ID but they don't hurry in asking for it) and of course, keep a copy of everything and send the letter of Recorded delivery. Which bank are you chasing?

Good Luck

[Fredperry]

Hi, I'm chasing Yorkshire Bank, I still owe them for one loan and a credit card which went to court

[Glenn UK]

Hi All,

So I shall have to file at court as Mcol doesn't allow for that amount.

 

YOu aure about that?

 

Can I use MCOL?

 

You cannot use MCOL if you are:

• a child (a person under 18 years of age);
  
• a patient as described in the Mental Health Act 1983 - click here for details;
  
• a legally assisted person within the meaning of the Legal Aid Act 1988 - click here to view this on the HMSO web-site;
  
• a vexatious litigant (a person who has been forbidden by a high court judge to issue proceedings in any county court in England and Wales without permission).

And you cannot issue a claim using MCOL against:

• a child or patient (as stated above);
  
• the Crown, including Ministers of the Crown in their official capacities and government departments.

Other Conditions:

 

• your claim must be for a fixed amount of money which is less than £100,000 including court fees and any solicitors' costs';
  
• your claim is against no more than two people;
  
• your address for service must be within England and Wales
  
• the address of the person(s) you are suing is within England and Wales; and
  
• you have a valid credit or debit card.

taken from Her Majesty's Courts Service

 

HTH

 

Glenn