Claiming beyond 6 yrs - important new information!!!

[kevr6384]

Hi,

 

Can anyone with a good understanding of claiming more than six years take a look at the following thread ?

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/81772-kevr6384s-parents-barclays-6yrs.html

 

Thanks

[standingupformyself]

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

 

 

Open a new thread in this forum, where you should find people that are experienced with that bank, and good luck

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/

[Dusary]

Hi.

 

As stated in my Dusary V HBOS thread - I'm now going back over 20 years. An e-mail was sent from a branch of HBoS to HBoS HQ last Tuesday (April 10th). I learned yesterday (17th) that it is now being actioned. I haven't submitted ANY claims yet.

[Aoife]

Hi

 

Does anyone know if I need to add anything to the POC of my N1 re claiming pre six years??

 

Regards Aoife

[Tigs33]

How are we getting on with the templates for this?? I am itching to send off a further three claims

[Glenn UK]

Aoife

 

Have you checked out the POC in my thread? Glenn Vs Abbey?

 

You need to include terms to cover Sec 32 of the limitations act at least in principle because the bank are likely to defend using Sec 5.

 

HTH

 

Glenn

[wannagethelp]

Hi,

 

Well, visited Natwest locally yet again,,,,,,was told by customer services that my account was there so to go back to local branch and ask them to look in the archive for my account no......surprise, surprise, they found it,,,,,so, have the proper account no....then I asked for my copy statements, was told not able to get those,,,,,,manager not available....I told them these statements were available to me but to cut a long story short,,,,,trust me it is a long story,,,,,was yet again, fobbed off with a finishing punch line of, the manager will write to you .......?

 

Sorry if this has already been answered,,,,but its been a long day and so tired,,,,,has anybody got old statements recently, going back approx 12 years....., please, anybody out there....

[wannagethelp]

Hi,

 

Well, visited Natwest locally yet again,,,,,,was told by customer services that my account was there so to go back to local branch and ask them to look in the archive for my account no......surprise, surprise, they found it,,,,,so, have the proper account no....then I asked for my copy statements, was told not able to get those,,,,,,manager not available....I told them these statements were available to me but to cut a long story short,,,,,trust me it is a long story,,,,,was yet again, fobbed off with a finishing punch line of, the manager will write to you .......?

 

Sorry if this has already been answered,,,,but its been a long day and so tired,,,,,has anybody got old statements recently, going back approx 12 years....., please, anybody out there....

 

Apologies,,,,,meant to say,,,,,,this was an old account which has been closed (by myself) for approx 10 years.

[noomill060]

Have you used a Subject Access Request?

 

£10 maximum fee and you get every damn thing they have on you, as long as its on computer or microfiche or in any other relevant storage system.

[tweeny]

Hello,

I am very new to this, infact I havent even posted my request for Data letter yet. Should I be bold and ask for data beyond 6 yrs? I bank with NatWest, how have they responded to requests in the past? Another thing worrying me; if after making a claim etc against the bank do they try to close your account?

[happyolddog]

Hi Tweeny,

Welcome to the forum.

Please start your own thread, Tweeny V Nat West in this link;

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=12

Please take time to read the faq's

Please find your banks forum and start a thread;

(your user name) V (banks name)

use the template letters in order Stick to the timetable in there.

 

LINKS....

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[Seahorse]

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

 

I think this is still going to be a problem in Scotland, depending on the amount involved.

 

Unfortunately, our limits are so low as tpo preclude "going it alone" in a lot of cases. Basically, if your claim takes you into the realm of Ordinary Cause, you'll need a solicitor. And try finding one that will back you up for periods beyond 5 years.

 

So, the first stop before court might be the FOS. But again, how likely is it that the FOS will agree to back your claim beyond 5 years? Well, I suppose I should find that out soon, as my complaint to the fOS went in about 2 weeks ago. As I also claimed for contractual interest, it will be interesting to se what they come up with.

 

Unofficially, from RBS customer relations, I'm about to receive an offer on one account (although I was told that over 2 weeks ago, hence escalating it to the FOS). But that offer will be less by a couple of hundred pounds that even my charges going back only 5 years. Chancers.

 

I'm not going to write the FOS route off JUST yet. But I have a feeling that we're getting a very raw deal in Scotland.

[TANZARELLI]

I tend to agree seahorse, I am glad I am not filing up there.

 

P.S Nice paps.

 

Tanz

[sharpgun]

hi anyone i have just found some old statements dating back to 1992 with thousands of pounds of charges if i try to claim back componded interest at 15% it will put me over £5000 what do I do ?

help please

[TANZARELLI]

hi anyone i have just found some old statements dating back to 1992 with thousands of pounds of charges if i try to claim back componded interest at 15% it will put me over £5000 what do I do ?

help please

 

Have you read up on CI yet?

 

If not I would seriously put some time into doing this, as it is a complicated issue. Added to pre 6 year claims you will need to be fully understanding of the arguements first before taking it on.

 

If you have already then send a prelim off but claim the CI from the outset ie prelim stage.

 

Tanz

[harejon]

I want to keep track of this one.

[beetlejuice]

Ditto

 

BJ

 

[Garforth]

Hopefully this has come at just the right time.

 

I am in the middle of court action with Gnatwest and have today received a letter from cobblers telling me that part of my claimis time barred due to s32 limitation act 1980.

 

Can anybody help with a response?

 

My first pass is below:

 

Dear Sirs,

 

With regards to your letter 16 April 07 I respond as follows.

 

You client has been well aware of the charges campaign for several months together with the OFT report highlighting the law and your clients obligations.

 

It is clear that your client has continued its charges regime after the date of the first OFT report which it continues to conceal and therefore has lost the protection of the Limitation Act.

 

Concealment amounts to a question of the morality of your client's action. I understand that this view is also confirmed by case-law and would direct you to Sheldon v RHM Outhwaite.

 

I require that your client respond to the above arguments via a statement of truth and with specific and detailed actual costings regarding the charges to which your client has unlawfully applied to my account.

 

Yours faithfully

 

xxx

Any help would be welcome.

[harejon]

I'm going to try and claim my charges back from sharkleys on an account I closed in October 01. In a complete moment of clarity this afternoon, the account number suddenly popped into my head. That's 5 1/2 years after I closed the account, I'll take that as a sign.

[beetlejuice]

Go for it Harejon, I too have found at last the statement from a Abbey Joint Account we had that's still running but opened in Apr 97. Homework tonight is calculating charges and interest OD and CI on spread sheet and

drafting Prelim.

 

I Post hopefully in the morning in Beetlejuice vs Abbey 7th to date (I think)

 

 

Good Luck

 

BJ

 

[photoman]

Hopefully this has come at just the right time.

 

I am in the middle of court action with Gnatwest and have today received a letter from cobblers telling me that part of my claimis time barred due to s32 limitation act 1980.

 

Can anybody help with a response?

 

My first pass is below:

 

Dear Sirs,

 

With regards to your letter 16 April 07 I respond as follows.

 

You client has been well aware of the charges campaign for several months together with the OFT report highlighting the law and your clients obligations.

 

It is clear that your client has continued its charges regime after the date of the first OFT report which it continues to conceal and therefore has lost the protection of the Limitation Act.

 

Concealment amounts to a question of the morality of your client's action. I understand that this view is also confirmed by case-law and would direct you to Sheldon v RHM Outhwaite.

 

I require that your client respond to the above arguments via a statement of truth and with specific and detailed actual costings regarding the charges to which your client has unlawfully applied to my account.

 

Yours faithfully

 

xxx

 

Any help would be welcome.

 

Short, sweet, factual and straight to the point.

I like your style, particularly throwing the ball back into their court by requesting a statement of truth and a disclosure of actual costs.

May even pilfer a few bits myself should the occasion arise !

[harejon]

Thanks, I've just spoken to them and I was right about the account number. I now have account number, sort code & closure date. Time for the data protection/subject access request letter.

[photoman]

Short, sweet, factual and straight to the point.

I like your style, particularly throwing the ball back into their court by requesting a statement of truth and a disclosure of actual costs.

May even pilfer a few bits myself should the occasion arise !

 

Garforth,

Just done a search for Sheldon v RHM Outhwaite, couldn't actually find it, but if I recall I think I may have dismissed using it myself based upon the either of the below facts (I can't remember which)

That it either:

a/ Relates to cases of Negligence, so not pertinent to Contract cases

b/ Was a case outside of an English court.

 

I may be mistaken, so look into this yourself ?

 

Perhaps look up and quote one or all of the following if you wish to mention case law:

i. Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349

ii. Deutsche Morgan Grenfell V Inland Revenue (2003) EWHC 1779 (ch)

iii. Cave v Robinson Jarvis (House Of Lords) [2002] UKHL 18

Regards

[mcuth]

Just done a search for Sheldon v RHM Outhwaite, couldn't actually find it,

 

I've not reviewed the case myself yet (saving that for the weekend ), but there's a link in this post:

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs-2.html#post714386

 

Cheers

 

Michael

[Garforth]

Thanks photoman & mcuth.

 

I'll check these extra cases and maybe reword the letter a bit.

 

I'll post the revised version for comment before I send it.

 

I am claiming £23k in charges from 2000 to 2002 - nearly killed me working to keep my head above water - I was paying about £1000 a month at one point! And all this on a personal account.

 

I don't want them to get away with it so I need to be spot on with my reply.

 

I'm also watching Tom Brennan's case for punitive damages - come on Tom!

 

If anyone can improve the wording please let me know.