Claiming beyond 6 yrs - important new information!!!

[MacBoy]

Thank you zootscoot.

[Celicaman]

Im Happy too, thank you Zootscoot. There is so much to learn and easy to mix some facts up, and/or miss interprete, especially those which can mean 2 things, but can have different consequences if the wrong route is followed

Thanks again

 

Celicaman

[TANZARELLI]

Could anyone please tell me what this paragraph is from?

 

 

c) The Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then the Claimant contends that the Defendant is mistaken. As the Claimant only became aware during February 2006 that the charges debited were unlawful, then section 32(1 Xb), or section 32(1 )©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

Thanks

 

It has been used by many as part of a POC or witness statement and the last half should read:

 

As the Claimant only became aware during February 2006 that the charges debited were unlawful, then I hold that section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and that therefore, all of the charges debited fall within the primary limitation period.

Tanz

[ripoffstopper]

Subscribing.

 

Hi Tanz, you mention February 2006 when "we/claimant" became aware that the charges were unlawful and Zootscoot mentions 21st March 2007 when the revelations were made public. Which date do you think we should we be quoting in our POC? Cheers ROS

[phatram]

Zootscoot, would you please take a look here,

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/104039-help-o-e.html#post989812

and give your opinion.

Many thanks.

[Dusary]

b). Alternatively, the Claimant seeks to rely upon s.32(1)© of the Limitation Act. The Claimant paid the charges in the belief that they reflected the true cost of administering the contractual breaches. The Claimant has now discovered, following revelations relating to a similar organisation, that the true costs are much lower and that the belief held by Claimant was in fact mistaken.

 

It is thus submitted that in accordance with s.32(1)(b), s32(1)© and s.32(2) that the time period for the purposes of the Limitation Act does not begin to run until the Claimant’s reasonable discovery. This was the 21st March 2007 when the revelations were made public.

 

 

That's precisely what I used (and read over the phone) to HBOSplc (a month or so back) when they said: "Sorry, you can only have statements going back 6 years."

 

It was like a proverbial rocket up their sweet *SS! They promised me that they would comply with my original S.A.R - (Subject Access Request).

 

The fact that they haven't, as yet, is immaterial. The Information Commissioners Office are on their tails on my behalf, now! As can be seen!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

[emmaf01]

Nothing like a good rocket up the proverbial!

[Celicaman]

Could you post the address of where to buy the rockets :D

 

CM

[emmaf01]

http://www.consumeractiongroup.co.uk

 

of course!

[MacBoy]

emmaf01

Nothing like a good rocket up the proverbial!:grin:

What you choose to enjoy whist not working or CAGing is entirely your own business

 

Dusary - let's hope the Information Commissioner's Office comes up with the goods

 

CM -

Could you post the address of where to buy the rockets

Not sure, but I wouldn't recommend these for the purpose!

[Celicaman]

emmaf01

What you choose to enjoy whist not working or CAGing is entirely your own business

 

Dusary - let's hope the Information Commissioner's Office comes up with the goods

 

CM - Not sure, but I wouldn't recommend these for the purpose!

 

 

ROFLOL, good choice

 

CM

[McIavelli]

subscribing to this fascinating thread

[Dusary]

Oh! Wow!

"The ultimate single ignition firework is the bunker buster, a 256 shot 18 mm calibre super firework. With one lighting required to set off the entire 256 shot "arsenal", this will give you a firework display or finale to remember! "

[Dusary]

subscribing to this fascinating thread

 

We can be boringly serious as well!

 

 

 

[groovycaz]

Hi to all,

a quick update, recieved Notice of issue today which will be deemed served to the Coop Business Bank in 12 July 2007, waiting to see what their response is...GC

[prushton]

Hi, can anyone provide me with a link to the yorkshire bank bbc1 whistleblower article -Cynthesis system. thnxs

[AQuags]

Hi All.

This is fascinating stuff.

Some years ago (at least ten) there was a flurry of activity over the miscalculation of the daily rates of interest charged to overdraughts on business and personal bank accounts. This was spearheaded by a bloke called Mark Radin and his company Anglia Business Associates. He found that these interest calculations were almost routinely wrong and that with compound interest added there were often large errors being made on overdraught interest.

I engaged the services of a similar company called Audit (UK) Ltd to do an audit for my business account and we found errors to the tune of about £1400.00, which NatWest admitted to and were prepared to refund. Audit UK then hit them with the ‘whammy’ that due to this over charge they had subsequently bounced cheques and debits and were therefore liable to also refund any and all charges plus compounded interest that had been raised as a result. As you can imagine NatWest back-peddled quicker that Freddie Flintoff on a pedalo, they stuck to their original offer but it was in ‘full and final settlement’ etc. As I felt there was ‘more to come’ I rejected the offer and its limitations. If only this information about the penalty charges also being unlawful was available at the time we could have taken them to the proverbial cleaners, as they were charging me £27.50 a pop back in those days.

The good news is I still have all the paperwork and the correspondence so I am going to have a second go at dear old NatWest and shall hit them with the ‘double-whammy’ of interest charges and penalty charges combined plus compounded interest. I am pretty sure I have statements that go back as far as 1985.

But first I need to reclaim some smaller personal bank account and credit card charges to build a fighting fund so I can go after them properly.

 

Wish me luck!

 

AQ

[bandonbhoy]

excellent wee story. gom and win as surely as you will. theres more certaintity to you winning this than shef wed winning premiership

[photoman]

Aquags

 

Fascinating stuff, and I think you may have an unusual situation that could cause some big ripples.

Will be fascinated to find out how this one gets handled.

 

I think you could even have a basis in law under something called "duty of care", in that they have failed in this basic obligation, which strenghtens your case for claiming interest above the statutory 8%.

 

I suggest you do a lot of reading, and get some of the knowledgable Mods involved to advise you on how to handle this one, before taking any actions.

 

A few of us have a thread set up to share ideas regards Business account claims, if the link hasn't come up in my signature, then here it is.

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets.html

 

please come along and share your experiences, and also perhaps get some advice from others.

 

PM

[TANZARELLI]

Aquags

 

Good luck with this one, it has an unusual twist.

[Celicaman]

Good Luck AQ, his is going to be fun LOL

 

Dont forget to start your own thread in the nasty west forum, and post all the things you do on there, then peeps can read and advise where required, then if you have any topic related questions, you can post them on there

 

Celicaman

[AQuags]

Another thought has struck me. If Tom Brennan is successful in his action against NatWest then I might be able to hit them for damages as well.

 

 

AQ

[noomill060]

I think quite a lot of people have had the same idea...

[woodentop]

Hi all,

 

Just to advise have received Woolwich Mortgage statements back to 1991 without too much hassle on a mortgage redeemed 4 years ago. Need to contact them again as the mortgage was taken out in 1985 so they owe me 6 more years but not too bothered about them as don't think there were many charges then but hey ho we'll see.

 

keep up the good work

Woody

[kennyh]

theres more certaintity to you winning this than shef wed winning premiership

Jeeez bandon - there's more chance of me walking on water; and you ain't seen the size of me!

But will follow AQs progress with great interest.