Claiming beyond 6 yrs - important new information!!!

[Dusary]

OK.

 

That was generous of BoS - so, kennythecelt (and others) are we going ahead?

[bennyowen]

There is no harm in filing the claim. Include in POC that the Limitation Act 1980 does not apply because the nature of this case provides for suspension of limitation period.

 

Read more on this here:

http://www.consumeractiongroup.co.uk/forum/general/66227-limitation-act-1980-s32.html

[Dusary]

Yippeeeeeeee !!!!!!!!!

[Dusary]

. . . . and thanks, Bennyowen!

 

(Been through the abbreviations section . . . please, what is POC? (DOH!)

 

 

 

 

[kennythecelt]

Hi Dusary et al.

 

I would like to check out who has done this with BoS. Will do some research on this site and others I am aware of. I am a better financial position than I was so don't need to rush in. However, I will balance that against the actions for reclaim I am building. Will total it all up.

 

I don't like what they did to me and my family. To be quite honest this is getting a bit personal with them and I know I need to temper that down. However, their arrogance and past misdemeanours has fired me up.

 

Considering it.

[Dusary]

Yeah!

 

I've been searching around as well.

 

I'm sure that Bennyowen has a valid point!

[Dave's gran]

Does anyone know if this applies to charges on Business accounts. Barclays' charges (many of them their fault because they were posting our deposits to the wrong account) caused our buiness to fail in the 1990s - would love to get something back from them!

[Celicaman]

Does anyone know if this applies to charges on Business accounts. Barclays' charges (many of them their fault because they were posting our deposits to the wrong account) caused our buiness to fail in the 1990s - would love to get something back from them!

 

Hi Gran, Business claims are a little different in the wording of the LBA, Pre lim and court claims, only in as such certain terms are not the same ( IE consumer laws etc)

As a business i hope you still have your statements and any summary of charges sheets ( my bank is HSBC and may differ from yours), if you do start to look at doing a spreadsheet of the charges.

It all seems very comlex, but persevere, the more you read the more you learn that its not that hard to see it all through to the end, and getting your money back.

there are something like 150 thousand members of CAG and many of us will help you, we dont all know it all, but there is always somebody somewhere that can help fill in the blanks.

 

CM

[Dave's gran]

Thanks. I don't have anything - the business folded in 1997 and I've just cleared everything from our attic. I suppose the first step is to ask for copies from the Bank - but as I'm not asking in the capacity of a consumer are they still obligated to supply them?

[Celicaman]

Hi Gran, you have a fight on hands here.

All of the banks at this point are only supplying copies of statements going back 6 years,with the excuse they are not legally bound to supply/ keep anything older, its all total rubbish of course, but its getting the info out of them.

Would your accountant have copies. I take it all the old business books have been disposed of;

wish i could give brighter news, but without copies/ proof of charges, you dont have much if anything to put a claim in.

Really hope you can find something

Kind regards & wishes

 

CM

[elsinore]

Thanks. I don't have anything - the business folded in 1997 and I've just cleared everything from our attic. I suppose the first step is to ask for copies from the Bank - but as I'm not asking in the capacity of a consumer are they still obligated to supply them?

 

Were you a sole trader or a limited company, Gran?

 

If you were a sole trader then you still make a SAR for your information as an individual, just as you would for a personal account.

 

If you were a limited company, you can still ask for copy statements but they might charge you to supply them (if they have them!)

 

Other claimants on the Barclays forum should be able to tell you more about how far back they have been able to obtain statements,etc.

 

As Celicaman says, it won't be easy, but keep at it.

 

Els

[Dusary]

 

Hi Gran, you have a fight on hands here.

All of the banks at this point are only supplying copies of statements going back 6 years,with the excuse they are not legally bound to supply/ keep anything older, its all total rubbish of course, but its getting the info out of them.

CM

 

Sorry to butt in here - but HBoS (formerly BoS) supplied me with statements (for one of my two accounts) going back to 1996.

 

Be that as it may - I'm perfectly happy to ask for all the charges from 1996 - 2007 back - it's a whopping £21k (incl interest) .... in fact, I WANT to ask for them all back . . . however, if it went down the legal route . . . would I be actually jeopardising even a 6-year claim?

 

Bennyowen, I got the answer, thanks. Does the POC apply in Scotland, does anyone know?

[Dave's gran]

Were you a sole trader or a limited company, Gran?

 

If you were a sole trader then you still make a S.A.R - (Subject Access Request) for your information as an individual, just as you would for a personal account.

 

If you were a limited company, you can still ask for copy statements but they might charge you to supply them (if they have them!)

 

Other claimants on the Barclays forum should be able to tell you more about how far back they have been able to obtain statements,etc.

 

As Celicaman says, it won't be easy, but keep at it.

 

Els

Great. Thanks to both of your for your advice. We were a sole trader, well my hubby was anyway. Our accountant doesn't have copies of bank statements. I'll try for a SAR first and will let you know how I get on ...I presume it will be the same address for Barclays and the format of the letter will be the same as if I was asking for information as a consumer.

 

Gran

[Erica_The_Penguin]

LIMITATIONS ACT - beyond 6 yrs

 

I put in a claim for SIX years of bank charges. Nationwide paid part of them (£791.00), but the have not paid the remainder (£200.00)

 

I have been sent a form from the court to send back saying I either tick the box to accept the lower amount or tick the box to say I don't accept. If I don't accept I have to state reasons why on form provided.

 

On the form from the court Nationwide have written (in defense of the remaining £200):

 

''The defendant has refunded all charges debited to the claimant's account since 29/03/01 that had not previously been refunded. Insofar as the claim rerlates to charges debited to the claimant's account before 29/03/2001 it is barred by virtue of the provisions of the Limitation Act 1980.''

 

Can anyone tell me what I should write officially on my court form in response?

 

I need to send the court form back to the court and to Nationwide today. Advice urgently needed!!!

 

Many thanks,

Erica

 

PS The reason why the dates now go beyond six years is because NW were so slow sending statements, time to take to court etc...

[TANZARELLI]

Can anyone tell me what I should write officially on my court form in response?

 

I need to send the court form back to the court and to Nationwide today. Advice urgently needed!!!

 

Many thanks,

Erica

 

PS The reason why the dates now go beyond six years is because NW were so slow sending statements, time to take to court etc...

 

 

What court form are you referring to?

[Erica_The_Penguin]

Form entitled 'Notice of Defense that Amount Claimed Has Been Paid'

 

The form says: 'the defendent says the amount you are claiming has been paid (see form attatched - N9B).

 

(my own notes - they haven't they've only paid about £800 not £1000, because of the limitations act)

 

Please tell the court what you want to do:

 

a) I wish to proceed with this claim

2) I do not wish to proceed with this claim.

 

I wish to proceed with the claim to get all of my money back, what should I write on the form?

 

(ie. I disagree with the defense because....)

[elsinore]

...I presume it will be the same address for Barclays and the format of the letter will be the same as if I was asking for information as a consumer.

 

Gran

 

Yes, just head your letter with the same title as it appeared on the account e.g. Dave's Gran's OH t/a Bankbusters.

 

You'll get the correct address details from the Barclays Forum stickies.

 

Els

[Dave's gran]

Will do! Thanks

[mgp]

Has anyone had any success with claiming beyond the 6 years?

[mgp]

Out of my depth perhaps.......

 

Claim just transferred to my local court. Made a slight mistake and claiming for 3 months prior to 19.2.2001, Lloyds are now defending on these grounds ,saying I am unable to verify these charges (I actually took this info from statements they sent me)

 

Should I delete these 3 months when sending my schedule to the court (also updated version to the bank) or is the original amount set in stone and by doing this will it be thrown out of court?

 

Cannot locate anyone that has been successful claiming beyond 6 years

 

need to get this correct if I am to continue

[Celicaman]

Has anyone had any success with claiming beyond the 6 years?

 

Hi have a read of Bongs claim

 

 

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

 

You need to word claim to get Limitations act removed/discounted

 

CM

[kennyh]

Sorry celicaman but the link goes full circle and back to here!

[Celicaman]

Sorry celicaman but the link goes full circle and back to here!

 

 

I just knew we would end up chasing our tails one day LOL

 

sorry bout that try this one

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

that looks much better

 

CM

[MacBoy]

All

 

I know there used to be a sticky about claiming for a period beyond 6 years, but I can't seem to find it anymore, so forgive me if any of you feel I'm hijacking the thread. I'm trying to get a question answered but the responses I've had thus far in the bank-specific forum don't give me the confidence I feel I need in order to proceed.

 

Basic summary:

 

• Had statements back from Halifax today, covering 6 years (well, 5 in my case due to my own inertia). I had worded the letter to ask for statements covering 'my banking history with your organisation', which in fact is over 17 years
  

• Statements provided show charges of £1721 with just over £500 interest. This is only the tip of the iceberg. They have ripped me off for far, far more over the years.
  

 

I'm unsure:

 

a) Whether I can claim for this initial amount now and pursue them for the rest later; or whether I need to persevere at this stage and make a single claim

 

b) If the former, whether this would affect the contents of my Prelim request (i.e. would I need to add anything or remove anything)? If the latter, what would the difference be case-wide, compared with to the templated procedures in the CAG libraries?

 

That's it really - thanks for taking the time out to have a look at my question. I'd be really grateful and happy if someone would be able to buddy up with me offer some assistance

 

Regards

Mac

[Celicaman]

Hi Concensus of opinion seem to be keep claim together, pre 6 years and post 6 years.

If you only had Pre six years, there is more chance you could lose on the 6 year limitations act, with post 6 years together with post 6 years, it cant be thrown out of court on those grounds.

if yiou are going to claim for the pre years, make sure you learn your arguments for disposing with the limitations act

Not sure on other stuff as time for bed.

Will try to follow thread later

 

CM