Claiming beyond 6 yrs - important new information!!!

[Perseus]

I'm sure I read it is a period not less than one month after a previous request...Im looking...

P

 

77 Duty to give information to debtor under fixed -sum credit agreement

78 Duty to give information to debtor under running-account credit agreement

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

I knew I saw it somewhere.

[zootscoot]

Thats the Consumer Credit Act not the DPA so it does not apply to SARs

[Perseus]

Oh flip - sorry!

[noomill060]

Now- Im in an interesting situation with Sharkleycard.

 

They failed to comply with my SAR, sent last October, just got the same load of microfish BS that everone got and a couple of statements.

 

Complained to the ICO who instructed Sharkleycard to comply, and I got few more statements, but nowhere near all of them. (My history with Sharkleycard goes back to 1985/86 with a gap until 1999)

 

Started small claim for damages back in March, and they had until this month to respond, which they have now done.

 

Read the whole story, this could be interesting and useful for a lot of people.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/62596-noomill-barclaycard-r-subject-2.html

[Brad Smith]

just subscribing to this...gonna take on Abbey, I've found SOME statements just over 6 years old.

[jasebank]

I've got statements going back 12 years...when will the Templates be updated?

 

Any clues...BankFodder mentioned 'days' or should I just go ahead with whats up there already?

[Barry Kushner]

Just a quick question - can we claim mortgage arrangement fees?

 

Barry

[woodentop]

Don't know if this is of any relevance but am in the process of a dispute with Natwest over a business account opened in 1988 which was closed 2 years ago. I know they have all of the file and statements! I have requested a copy of the whole file so we will see when it arrives together with all the statements.

[jamiewalk1]

Hi, Hope someone can enlighten me, I am claiming for just over 6 years and have received the defence from the bank solicitors as below (lloydsTSB),

I now have the court transfer of proceedings form, in the Defence the bank solicitors say "Further, insofar as part of the claimant's claim is based on charges levied on his account prior to six years from the date of issue of his claim, that is 14th March 2001, this part of the claim is statute barred by Section 5 of the limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 14th March 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

"The claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank.

 

My first letter to Lloyds was in October 2006 which is when I started my list of charges from, following the posts on this forum, is this still correct or do I need to send copies of my bank statement to the solicitors to back up where the first charges have come from,

Any help would be much appreciated, I am now waiting for allocation questionnaire.

 

Thanks all, Jamie

[zootscoot]

Just a quick question - can we claim mortgage arrangement fees?

 

Barry

 

No its a fee for a service unrelated to any breach of contract.

[zootscoot]

Hi, Hope someone can enlighten me, I am claiming for just over 6 years and have received the defence from the bank solicitors as below (lloydsTSB),

I now have the court transfer of proceedings form, in the Defence the bank solicitors say "Further, insofar as part of the claimant's claim is based on charges levied on his account prior to six years from the date of issue of his claim, that is 14th March 2001, this part of the claim is statute barred by Section 5 of the limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 14th March 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

"The claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank.

 

My first letter to Lloyds was in October 2006 which is when I started my list of charges from, following the posts on this forum, is this still correct or do I need to send copies of my bank statement to the solicitors to back up where the first charges have come from,

Any help would be much appreciated, I am now waiting for allocation questionnaire.

 

Thanks all, Jamie

 

The six years does count from the date of issue in court not the date of first letter. You need to raise s.32 Limitation Act in relation to the charges in the interim period.

 

A copy of your schedule of charges as oppose to copies of your statements should suffice.

 

[noomill060]

I was under the impression that the six years relates to the date the claimant became aware of the unlawful nature of the penalty charges.

 

Also, according to bankfodder, the Limitation Act doesnt count where the defendent has sought to conceal.

[zootscoot]

You have to raise s.32 to extend the limitation period in cases of concealment, mistake or fraud. The limitation period then starts from the date of discovery of the concealment mistake or fraud.

 

If you do not raise s.32 the normal limitation period applies which is taken to run from the date of the cause of action ie the payment of the charge.

[noomill060]

Thanks zoot! I was nearly right!

[Rumblestrips]

You have to raise s.32 to extend the limitation period in cases of concealment, mistake or fraud. The limitation period then starts from the date of discovery of the concealment mistake or fraud.

 

If you do not raise s.32 the normal limitation period applies which is taken to run from the date of the cause of action ie the payment of the charge.

 

Does this also apply to Store Cards?

 

Had a store card from Aug 1999 til 2001 and sent SAR but they only sent list of charges from 2001. 40 days is up on saturday so I phoned them today regarding the charges pre-6 years and the woman I spoke to Laughed at me and said they are not obliged to give me anything other than 6 years and started quoting the Information Commisoner and said that I should read the Data Protection Act! She was very rude and I am even more determined to try and claim for ALL the charges.

 

...but unsure of what to send them now... any suggestions?

[wannagethelp]

Hello,,

 

Just a quick update,,,,,was advised by customer services to go into my branch where my account used to be,,,,,so, yesterday, as advised I went marching into Natwest branch where my account used to be,,,,qued forever and eventually when it was my turn a young lady at the desk stated I would have to bring 2 proof of id's and a utility bill for them to look it up,,,,,,whooooooshhhh, out of my bag came, driver licence, passport and telephone bill,,,,,(I'd thought they would ask for something),,,,,she then said "oh:x ,,,,,sorry we cant look up old accounts you will have to write in asking for the information",,,,,,,,and as good as said "NEXT",,,,,,,dumstruck was the word,,,,,,,,so,,,,today I went back,,,,,,asked for a doormant form,,,,,,,the lady went away and came back and said "we havent got any, write in and ask for one or try coming back another day",,,,,,,,,,phew,,,,,so,,I've read through the posts which have very kindly responded to me and am trying a last ditch attempt and have phone a company who used to pay my money into my Natwest account all those years ago and they will try and trace my account no. but wont know till tomorrow,,,,,,,but if that fails,,,,,how do I find a SAR letter and do I have to send any money with it,,,,,,,so skint at the moment,,,,

 

Would appreciate any advice please:)

[Perseus]

BBA - British Bankers' Association - Dormant accounts

Have a look on this page Wanna... it has all sorts on there.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

here's the template for the standard SAR.

You could amend it slightly to cover any logs on computer, any disclosures to third parties, and legal action past or present between you, and confirm that you want information on any account held by you with them.

Give them some copy ID, confirm previous addresses and your D.O.B. and yes I'm afraid it will cost £10, plus recorded delivery.

 

Hope this helps.

 

P

[zootscoot]

[your address]

 

 

[their address]

 

[DATE]

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Data Controller

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

I sent a request under s.7 of the Data Protection Act 1998 on XX/XX/XXXX accompanied with the appropriate fee which was subsequently cashed by yourselves. I received some of my personal data on XX/XX/XXXX. This data comprised of statements dating back to XX/XX/XXXX.

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the date of such data. If you contend that you do not hold such data before this time, please could you confirm this by providing the certificate of destruction.

I would also remind you that as a Data Controller you are required to fulfill your obligations within 40 days of the receipt of request. The time period for compliance expired on XX/XX/XXXX.

As a gesture of goodwill I shall extend this time period for a further 14 days. If, however, you fail to supply me with any personal data that you hold prior to XX/XX/XXXX, within 14 days, I shall be making a complaint to the Information Commissioner in addition to seeking court action to enforce compliance.

Yours faithfully

[signature]

 

[name]

[wannagethelp]

Thanks very much for your quick reply,I couldn't find the scales?,,,,,

 

So,,,,it looks like Natwest are going to be getting even more difficult to deal with,,,,hmmmm,,,no matter,,,,,hare and the tortoise ,,,,,them being the hare,,,,,I just hink they are rambling now because nobody actually knows how to handle customers going for the claims and the staff have started to recognise the beginnings of a claim,,,,,they're panicking but have no set dialogue in place so just say anything to try to get you to go away,,,,,,,,

[emmaf01]

Sometimes you would think it was their money, not the bank they just work for.

 

I don't think I've ever worked for an organisation where I felt that committed to them! Perhaps why I never work for them for long...

[kennyh]

Very many thanks Zoot - and now the long game commences.

Am I correct in presuming that you, or Bankfodder or someone will feed in new templates, with attendant case law, as they arise?

[Hank Bukowski]

Hi All,

 

I am a little confused by all this claiming for more than 6 years thing. I have started a case via Moneyclaim Online against Abbey for £4800 (after following all the other steps outlined on this site). I just received a defnce from Abbey. I inadvertently went back to 2000 when I calculated the amount of charges (Abbey provided statements back to this date).

 

I have been very worried about doing this-until reading this thread. Anyway the Defense from Abbey states on Pt 10 (there are 12):

 

The Defendant Denies that the claimant is entitled to claim charges prior to 19 March 2001 by reason of the Limitation Act.

 

19/04/07 is the date I filed the claim on Money Claim Online.

 

I suppose what I need to know is what do I say in response to this and when. Do I do it in the Allocation Questionaire? Is there a Template for this.

 

Sorry to go on but I am a little daunted.

 

Thanks,

 

H. Bukowski

[zootscoot]

You don't need to respond to their defence at this stage. Its likely they will make you an offer at some point and exclude the older charges at which point you can then state you will be relying on s.32 LA.

 

The worst case scenario is that they pay out the rest then apply to have the older charges struck out by the court. You will then need to contestthe strike out.

 

If there is no offer before you need to file your witness statement you will need to refer to s.32 in your witness statement.

 

All the best

 

Zoot

[photoman]

zoot,

Did you get my PM earlier?

Hope you didn't think it was rude of me to send it to you, but it seemed such an important discovery, and so I just chose the only Mod I could see online....... which happened to be you..... lucky thing !!

Anyhow, any thoughts on it ?

PM me if rather not discuss on open forum ?

Phortoman

[Hank Bukowski]

Hi ZootScoot,

 

Thanks for your prompt reply. I feel slightly better now. When you say

 

"Its likely they will make you an offer at some point and exclude the older charges at which point you can then state you will be relying on s.32 LA."

 

Do I do this in a rejection of offer letter?

 

Also when you mention witness statement is this part of the allocation questionaire?

 

Sorry for all the questions but despite the literary name I am clueless-like a man with a fork in a world of soup!

 

Thanks again,

 

H Bukowski