Claiming beyond 6 yrs - important new information!!!

[TheNorthernWarrior]

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

Here;--- The Consumer Action Group.

NorthernWarrior.

[Catlover64]

Hi - have notice of transfer to my local court. Now need to send a nudge to bank's solicitors DG.

 

How do I work in the fact that the WHOLE of my claim is to be considered? When I started the claim, all entries were within the six year limit. But when the bank made me an ex-gratia offer, they struck out a couple of the entries, as they were 'outside' the six years....

 

HELP!!

 

TIA

[Celicaman]

Hi - have notice of transfer to my local court. Now need to send a nudge to bank's solicitors DG.

 

How do I work in the fact that the WHOLE of my claim is to be considered? When I started the claim, all entries were within the six year limit. But when the bank made me an ex-gratia offer, they struck out a couple of the entries, as they were 'outside' the six years....

 

HELP!!

 

TIA

 

You need to add into your argument,part of the S32 limitations act

 

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

  [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

This following part you would add into your witness statement or statement of evidence

9. The claimant seeks permission to proceed with the claim under s.32 (1)(b) of the Limitation Act 1980, on the grounds that the claimant would not reasonably have discovered the defendant’s deliberate concealment of the facts relevant to the claimant’s right of action before the report of the OFT was published on 05/04/2006.

The facts relevant to the claimant’s right of action are that the defendant is unjustly enriched by exercising the contractual terms in respect of default charges with a view to profit.

If the defendant has elected to present its charges as if they were a legitimate loss or cost, whilst it is in actual fact profiting in a material sense from the charges, the defendant can be seen to have been operating without accountability to its customers, and to have consciously concealed the facts.

The defendant is clearly in a privileged position to have a direct means of withdrawing monies from the claimant’s bank account.

The claimant is entitled to know whether the charges paid represent a justifiably incurred cost to the defendant’s business, or whether they are in fact a penalty, and to expect that the defendant will always conduct itself with integrity.

10. Alternatively, the claimant seeks permission to proceed with the claim under s.32 (1)© of the Limitation Act 1980 on the grounds that the payments were conceded on the mistaken presumption that the said charges and interest thereon, did not amount to penalties - Kleinwort Benson Ltd v Lincoln City Council - and that the claimant Would not reasonably have discovered the said mistakes before the report of the OFT was published on 05/04/2006.

 

Hope that expalins it enough, but read up a little on it first.

You could reply to the bank on the lines of due to the banks deliberate concealment as to the lawfullness of their charges, you willl be relying on the s32 limitations to argue that the 6 yr bar be waived etc

 

Have a read of bongs thread for some of the argument

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest-4.html

 

Celicaman

[jendoc]

Great thread very informative!.....I have just initiated a claim against CooP Bank for 'COMMISSION' charges taken from my account from Jan 1989 to Nov 1999 which amounted to approx £1,500.....The interest is actually more than the charges at over £1,700 calculated on the provided spreadsheet from 1989 to present day!

 

I found consectutive old statements in my loft from '89 to '99, it will be very interesting to see how the Coop reacts to these dates and the prospect of paying up charges and interest going back 18 YEARS!

 

Wish me luck!.......Will keep this thread informed of all developments.

 

Regards,

 

 

Jendoc

[Celicaman]

Great thread very informative!.....I have just initiated a claim against Co-Op Bank for 'COMMISSION' charges taken from my account from Jan 1989 to Nov 1999 which amounted to approx £1,500.....The interest is actually more than the charges at over £1,700 calculated on the provided spreadsheet from 1989 to present day!

 

I found consectutive old statements in my loft from '89 to '99, it will be very interesting to see how the Co-Op reacts to these dates and the prospect of paying up charges and interest going back 18 YEARS!

 

Wish me luck!.......Will keep this thread informed of all developments.

 

Regards,

 

 

Jendoc

 

Hi Jendoc, can i just question your wording for the above, you say 'commision' charges. If they are commision charges, they sound like they are legitimate charges, its charges for going over overdrafts, recall charges, returned cheque charges etc that can be claimed.

Is it a business account ?

 

Celicaman

[jendoc]

Hi...Yeah on my statements the charges are called 'COMMISSION' it is not a business account only a current account, but at that time all charges with the Co-Op were known as COMMISSION.

 

The three main charges on all of my statements are called:

Debit Interest,

Service Charge,

Commission, and all for varing amounts everytime i've gone overdrawn! or missed a direct debit payment. I must also point out that I did'nt have an agreed overdraft with them either!

 

Jendoc

[Celicaman]

Hi...Yeah on my statements the charges are called 'COMMISSION' it is not a business account only a current account, but at that time all charges with the Co-Op were known as COMMISSION.

 

The three main charges on all of my statements are called:

Debit Interest,

Service Charge,

Commission, and all for varing amounts everytime i've gone overdrawn! or missed a direct debit payment.

 

Jendoc

 

Just thought had better clarify in case, most other banks commision is legit. Bet you get a letter soon saying you cant claim as over 6 years ! Oh yes you can LOL

 

Good luck

 

CM

[jendoc]

Thanks for that!...I fully intend to take it as far as I it will go!.....At least it will be informative and give us an insight into the defense they intend to use!

 

jendoc

[sallysas]

Just subscribing. Will be taking co-op on again myself. Good luck to all, Sally

[TUTTSI]

Hi - have notice of transfer to my local court. Now need to send a nudge to bank's solicitors DG.

 

How do I work in the fact that the WHOLE of my claim is to be considered? When I started the claim, all entries were within the six year limit. But when the bank made me an ex-gratia offer, they struck out a couple of the entries, as they were 'outside' the six years....

 

HELP!!

 

TIA

Hi Catlover,

I had a claim with GM Card -HSBC Bank ( D & G Solicitors)that was settled this year, when I started the claim it was within the six years period but when it actually went to court there were some charges that were over six years (not many I have to add). They wanted to omit these from the settlement of my claim but I stuck to my guns and a week before the court date they paid up in full and in addition I also received a further £50 for costs, as they did not submit their bundles into court and they breached the Judges orders and the Judge also awarded this as compensation for the work that I had done.

DS

[oneofakind]

Catlover,

My claim included several charges which were outside six years from the outset. Barclays settled in full with no quibbles.

 

[TANZARELLI]

Catlover,

My claim included several charges which were outside six years from the outset. Barclays settled in full with no quibbles.

 

 

Same goes for me £140 outside six year rule.

[muggins73]

I hope it goes as well for me against Halifax. A ggod majority of my claim amounts to charges outside the limitation. Heres hoping;)

[Celicaman]

First charges claimed Jan/feb 2001 filed court march 2001 paid in full no quibble and also offer inc interest @8% up to date of offer, ok 2 claims in jan & feb only £55 but they paid it no argument about outside 6 years.

Next claim back to 1990 on same account plus charges after last claim, this should be a laugh, i think they may squirm a little

 

CM

[Celicaman]

I hope it goes as well for me against Halifax. A ggod majority of my claim amounts to charges outside the limitation. Heres hoping;)

Hi Muggins how many of your charges are outside of the 6 yr period

Depending on what stage you are at, you can still add parts of the S32 limitations act to nullify any defence the bank throw at you if they dispute charges outside

 

CM

[kennyh]

I know that the advice handed down is not to split claims and that a claim containing pre and post 6 year material is unlikely to be thrown out in its entirety.

However, if there is a family suffering, who already have a substantial post 6 year claim to run with AND the bank in question is prevaricating on an SAR application (and I suspect we'll need to go after them for non-compliance), would it really do the family's future prospects much harm if they proceeded with what they have, then if/when a pre-6year case substantiates, they take the trouble to point out to the court that THEY wouldn't have wasted the court's time with 2 bites of the cherry if the bank had played fair?

[Celicaman]

KennyH, its your claim, if you feel you need to get the current claim underway, then thats your choice as the post 6yr claim would prob go through faster yes.

Non of your claim would probably see an actual court anyway, its just arguing with the banlk as to its legality that could drag it out longer.

Good luck

CM

[photoman]

I have just won a claim consisting of 12 years of charges, this was the most recent 6 years, plus the 6 years prior to that.

 

My next claims will consist of charges that are ALL pre 6 years, some as far back as 1984.

 

I will not let up and let them get away with this !

 

This is an interesting post by Bankfodder.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-727697.html

 

 

PM

[kennyh]

Thanks folks - I just didn't want to 'queer' his pitch for a future expedition.

[un1boy]

I have a question about CI:

 

If the original claim is say 2.5k and the CI brings it to 45k (pre- 6 years) can you enter a court papers with the balance as 2.5k and say inn the POCs you want the CI - I'm trying basically to keep it in the small claims.

 

Cheers.

[Dusary]

Great stuff!

 

 

Let's keep it going, folks!

[noomill060]

Way to go photoman!

 

Did the court say anything about the Limitations Act, or did the bank not raise the issue?

[zootscoot]

I have just won a claim consisting of 12 years of charges, this was the most recent 6 years, plus the 6 years prior to that.

 

 

 

Congratulations!!!

 

Which bank was this?

[overflow]

Help.

 

Ive just been reading this thread, (slap my wrist ive not read it before) and now I am worried.

 

Been on the phone today to Halifax re claim over 6 yrs, I was offered less than I claimed for ,(money put in bank infact)

 

Cut a long story short Ive told them I know theyhavent gon to 1999 wit charges only reimbursing me from 2001. Told them to take money back and Ill carry on with claim.

They said not their policy to pay over 6 yrs, Me and my big mouth said Ive seen cases on here that have been paid out.

 

Have I just dropped a big fat WHOOPSIE

[Celicaman]

I have just won a claim consisting of 12 years of charges, this was the most recent 6 years, plus the 6 years prior to that.

 

My next claims will consist of charges that are ALL pre 6 years, some as far back as 1984.

 

I will not let up and let them get away with this !

 

This is an interesting post by Bankfodder.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-727697.html

 

 

PM

 

 

Well Done PM You deserve it, keep up the good work

 

Celicaman