Claiming beyond 6 yrs - important new information!!!

[kashie]

Oh sorry and can I still claim 8% on top?

[Don4071]

subscribing

[smartmartian10]

Subscribing.

 

I read on another thread (the huge Consumer Credit Act thread) that if they do not give you statements beyond 6 years you should request a certificate of destruction. One person had and miraculously they all arrived!

[crusty git]

my claim against LloydsTSB doe include about £100 worth of "statute barred charges,

It is in court tomrrow and I am advised by Setcari Clarke & Mitchell today that they have instructed counsell.

 

It should be interesting

 

J

[emmaf01]

Good luck with tomorrow, crusty git.

 

May the force be with you??!!

[livelylad]

Best of luck which court?

[maggie1954]

hello to the Consumer Action Group, what a great site.

 

Why cant the banks just pay everything they owe.. This should be made compulsory as everything they have done is illegal.

[standingupformyself]

I am going to write to Abbey today requesting old statements. Presumably I will change the wording on the SAR requesting statements back to 1993 (for example) and in the same letter requesting certificate of destruction if they cannot conform to this request? Does that sound right?

[Perseus]

hello to the Consumer Action Group, what a great site.

 

Why cant the banks just pay everything they owe.. This should be made compulsory as everything they have done is illegal.

 

If only it was that easy - it would be like Tescos and sainsbury donating all their clubcard and nectar points that aren't used to charity. What isn't claimed is money in their pockets!!!!!!

Welcome Maggie...

 

 

I am going to write to Abbey today requesting old statements. Presumably I will change the wording on the SAR requesting statements back to 1993 (for example) and in the same letter requesting certificate of destruction if they cannot conform to this request? Does that sound right?

Or any other method of destruction - yes that should be fine.

Good luck standing!!!!!!

 

Perseus

[TANZARELLI]

hello to the Consumer Action Group, what a great site.

 

Why cant the banks just pay everything they owe.. This should be made compulsory as everything they have done is illegal.

 

Hi maggie and welcome.

 

It is not illegal it is unlawfull.

 

Tanz

[GRIFF27]

Would NatWest still hold records back to 1992 on closed accounts? Can we do anything for years prior to 1992 I have closed business account opened 1980 closed 1999 which I know we paid thousands in charges.

[MSBANANA]

Hi all, i am at the claim stage (sent my LBA off 2 weeks ago tomorrow)

am I able to add the moneys from before the 6 years cut-off point, or is it too late for me at this stage? I have been using the complex spreadsheet, it has the space at the top to enter the charges from before the 6 year period... can this count towards the final total now, or must I stick with the 6 years bit?

Any advice'd be greatly appreciated. MsBanana

[Gary JAY]

Bankfodder - this is excellent reading!! Can I be cheeky enough to give you details of a claim I have going thru with Co-op at the mo.

Basically, I closed my account with them 2005. It was not until December 2006 that I was made aware that Bank charges are unlawful and can be claimed back. Now my position - I wanted to go back the last 6 years I held my account - 1999!

However, they stated that due to the 6 year limitation, I could only go back to 2001 - 6 years from the date I contacted them!

What would you advise - I have reserached and am aware of Sec 32 and the Latent Damages Act, 1986 etc.

In their reply they quoted ..... The statement you make referring to Latent Damages Act 1986 does not refer to default charges but to goods which have been purchased. Therefore, is not applicable in this case. As previously advised charges are only refunded for a 6 year period, as agreed by the Office of Fair Trading and the Financial Ombudsman Services.

Thanks for your continued support etc

[TANZARELLI]

Cave v Robinson:

 

Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)

 

Thanks Zootscoot

[Guest bong]

Would NatWest still hold records back to 1992 on closed accounts? Can we do anything for years prior to 1992 I have closed business account opened 1980 closed 1999 which I know we paid thousands in charges.

 

shouldn't make any difference if the account is closed. If you can only get statements back to 92 I wouldn't have thought there's anything you can do about earlier charges.

[Guest bong]

Hi all, i am at the claim stage (sent my LBA off 2 weeks ago tomorrow)

am I able to add the moneys from before the 6 years cut-off point, or is it too late for me at this stage? I have been using the complex spreadsheet, it has the space at the top to enter the charges from before the 6 year period... can this count towards the final total now, or must I stick with the 6 years bit?

Any advice'd be greatly appreciated. MsBanana

 

Send a revised LBA, pointing out that you are now adding in older charges. Don't use the estimate of previous charges box at the top of the spreadsheet -this only affects the overdraft interest reclaimable column - input details of all the charges separately as you have done for the 6 year charges.

[Guest bong]

Bankfodder - this is excellent reading!! Can I be cheeky enough to give you details of a claim I have going thru with Co-op at the mo.

Basically, I closed my account with them 2005. It was not until December 2006 that I was made aware that Bank charges are unlawful and can be claimed back. Now my position - I wanted to go back the last 6 years I held my account - 1999!

However, they stated that due to the 6 year limitation, I could only go back to 2001 - 6 years from the date I contacted them!

What would you advise - I have reserached and am aware of Sec 32 and the Latent Damages Act, 1986 etc.

In their reply they quoted ..... The statement you make referring to Latent Damages Act 1986 does not refer to default charges but to goods which have been purchased. Therefore, is not applicable in this case. As previously advised charges are only refunded for a 6 year period, as agreed by the Office of Fair Trading and the Financial Ombudsman Services.

Thanks for your continued support etc

 

Go back as far as the statements you have. They would say that you can only claim back to 2001 because they are trying to get out of paying you more! Trouble is - do you have the statements? Haven't heard yet how far back Co-op is issuing statements, but I do know that Co-op credit card are able to provide them back to 1997.

[zootscoot]

The Latent Damage Act is irrelevant but s.32 is highly relevant

[noomill060]

Lets face it, it is highly likely that the banks have all statements on microfiche, going back at least to the 1970s.

 

We simply have to put them in a position where they have no option but to provide them.

[Goosey]

To one and all a very big thank you for this information and all the hard work you have put in. I have had very rude and negative feed back from NatWest and HFC. However Barclays opened a business account and claimed £500 as the fee for setting up. This changed to £1000 taken from the account. They denied the agreed £500 fee but repaid as a good will gesture £500 of the £1000. When I asked for a breakdown of the cost involved in the setting up of the account, I suddely got a further goodwill gesture of £500 repaid, Its amazing when you push them they backdown. I am now chasing NatWest for old Businness account charges. Again thanks to one and aLL

[GRIFF27]

I will be chasing NatWest for my old business charges How far are you going back and do you have all your statements?

[delphi]

HELP NEEDED

 

 

Hi, I am about to send a letter to the bank, its a combined lba and offer rejection

I have just noticed that you can claim for more than 6 years now and dont know what to do because of the stage i am at. If i send my lba now then after 14 days i will be starting court proceedings and this wont be enough time to get the extra years charges breakdown from the bank,so i will not be able to include that in my court papers.

 

I have been offered £1770 out of £2425 requested, was going to accept as a partial payment but this has stumped me as i want to wring thier necks as they do to us.

 

I wonder if i should proceed with the claim for the £2425 as i was and start over for the rest (beyond 6 years) but this will give me a lot more work to do , ie two sets of court papers, or offest my claim and do it all at once which means waiting for probably 40 days for further statments to claim all i can.

 

I am a bit dubious about this as sooner or later some kind of cap will be put on things

 

What should i do

 

Thanks

 

Delphi

[Guest bong]

which bank is it delphi?

[zootscoot]

You can always amend your claim once it has started to add the old charges on. If they pay out before you have your statements start a new claim. The second claim is unlikely to be classed as an abuse because they failed to fully comply with your SAR in the first instance.

[Guest bong]

although zootscoot, its potentially harder to claim only +6 year charges because there is the risk the judge will strike out the claim without hearing the charges issue.