Claiming beyond 6 yrs - important new information!!!

[sally45]

i am in the process of claiming back 6 years of bank charges, i recieved all my statements yesterday, after adding all the charges up i find this amounts too £1,190 can anyone please advise me of the next step to take

[noomill060]

Hi sally,

 

Your next step is to work out how much interest you have also paid.

 

Start a thread in the relevant section, let me know where it is and I'll show you how. You will be amazed how much they really owe you:)

[sally45]

Hi noomill060 what is the section i should start a thread in?

[noomill060]

Which are you claiming against? Barclays- use the Barclays section, Abbey, Abbey's section etc.

 

This site can be a bit confusing!

 

Go here, scroll down and click on your bank. If you cant see it, use the "Other Institutions" bit.

 

Scroll down to the bottom then click on the "New Thread" button and away you go!

[noomill060]

Go here http://www.consumeractiongroup.co.uk/forum/

[sally45]

thanks i have found what i am looking for.

[kennyh]

Hi BF et al,

Back again in 'thick' mode. Like many others I want to pursue the 'pre 6 years' stratagem BUT, I'm sure, unlike many others I don't quite grasp the tactics. Following the advice of the early runners in the main bank campaign as a whole, I need to understand this in case the wheels come off at court.

I have read that "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. ....". If, therefore the 'period' in question runs from a current date then I'm still only going 6 years back - or am I? Just HOW do I justify claiming 12 or 15 years back so far as s32 is concerned? remember I DID say thick mode.

[bennyowen]

Six years does not start counting until you become aware of the unlawful act.

 

In many cases, people cite 6th April 2006 as the day they become aware of the unlawful act of the banks. That date is the date the OFT released their report on penalty charges on credit cards and made reference to other bank agreements like current account, mortgages, etc.

 

As far as the limitation period is concerned, it should only begin to count from 6th April 2006 when the claimant (plaintiff) became aware of the concealment. That means that the limitation period should only apply if you do not pursue your claim before 5th April 2012. That is six years after you became aware of the unlawful act against you.

 

I hope I have tried to explain enough. Please ask more questions if you are unclear.

[Bona]

Yes you have 6 years from the 6th of april to go back as far as you can on the 6th April2012 no one will be able to go back more than 6 years before that time all is ok but the later people leave it the more difficultto do and when i say latter Im talking years well thats how I understand it

[oneofakind]

Kenny, you're thinking in the wrong direction!

 

The six year limitation is how long you have to claim, rather than how far back you can go.

 

This whole thread makes my head hurt:-? :-?

 

D.

[kennyh]

many thanks Benny and Bona. So I wasn't miles out - this talk of going back into the last century is a non-starter then? Unless, of course, you were some kind of 'clever dick' and knew before 2006 of the banks' perfidy?

[zootscoot]

Hi BF et al,

Back again in 'thick' mode. Like many others I want to pursue the 'pre 6 years' stratagem BUT, I'm sure, unlike many others I don't quite grasp the tactics. Following the advice of the early runners in the main bank campaign as a whole, I need to understand this in case the wheels come off at court.

I have read that "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. ....". If, therefore the 'period' in question runs from a current date then I'm still only going 6 years back - or am I? Just HOW do I justify claiming 12 or 15 years back so far as s32 is concerned? remember I DID say thick mode.

 

Hi Kenny,

 

s.32 (1)(b) provides that where there has been concealment of any fact relevant to the claimant's right of action the time does not start to run until the discovery of the concealment. So if a charge was incurred say March 1996 and there was concealment of a fact relevant to the cause of action for the purposes of the Limitation Act the time will start to run from discovery. So if you discover the concealment in March 2006 you have 6 years from 2006 to bring your claim ie March 2012 for ANY charges incurred under the concealment.

 

So the question then becomes what have the banks concealed. It has to be a concealment of facts as oppose to law. You can not assert that the concealed the fact that the charges were unlawful as this is concealment of the law and is bound to fail.

 

What the banks have concealed is how much it costs them to bounce a cheque or deal with other transgressions. This is a fact which is relevant to the cause of action. Without this knowledge the customer is in no position to determine whether or not they have a right of action.

 

Next question is when did the customer discover this concealment. That would be 21st March 2007... the date of Whistleblower. This revealed that Yorkshire Bank had a costing system which showed that it could not cost the bank more than 2.00 to deal with the various breaches. By implication its likely that this would be the same costing for other banks give or take a little.

 

The time then begins to run for any charges ever incurred from the date of discovery. This means that you have until 21st March 2013 to bring a claim for any charges incurred prior to 21st March 2007.

 

Hope this helps

 

Zoot

[kennyh]

Saw oneofakind's comment after I posted - so I CAN go back to the 90's or beyond?

[kennyh]

Saw Zoot's posting even later - Keriste; it's like the never ending story ennit? As said before so I CAN go back to the 90's?

As ever,Very many thanks Zoot.

[zootscoot]

Yes you can go back to the 90s

[oneofakind]

As I understand it (someone correct me if this is wrong!) you could claim all the way back, subject to the information being available.

 

D.

[Dr Hunter]

I have recently started my own thread, Dr hunter vs clydesdale bank. I am still waiting for statements for my current account, sent letter asking for statements at the end of january, recieved the sorry will be more than 40 days blah blah letter on the 07/03/07. I am keen to send a letter saying that i still have not recieved 6 years statements and could i increase this to 12 years statements plus include 90's closed accounts. could someone help me with this letter? my original request letter was specific to certain accounts and asked for 6 years(standard money saving expert). my thread is Dr Hunter vs Clydes(over 6 yrs using eng crt) .

[kennyh]

VM Thanks for the affirmation Zoot - do we have any idea when the new templates might be up; and now to pay CONSIDERABLY more interest to the threads dealing with CI etc; d'you know, perhaps I'm not too old for this **** after all!!

[kennyh]

Ps. And I Shall Be Chipping In My 5%.

[dar£n]

I realise this is probably asked in the thread somewhere, but

As the data will be held manually after the 6yrs [more than likely] do we allow them more time to process the SAR?

 

Is there a new SAR template to be used or just alter the existing one?

[zootscoot]

I realise this is probably asked in the thread somewhere, but

As the data will be held manually after the 6yrs [more than likely] do we allow them more time to process the SAR?

 

 

No the 40 days is set out in statute.

 

Is there a new SAR template to be used or just alter the existing one?

 

The existing one does not specify a time limit so they are obliged to send all info they hold on you irrespective of date. Although you could alter the wording to make it explicit that you wish data prior to 6yrs.

[noomill060]

Im going back to 1985.

 

(Now, wheres my Dire Straits T shirt, those jeans I used to wear and where did I park my de Lorean??)

[noomill060]

indeed Kenny, your compound interest will have matured like a fine wine...

[kennyh]

Indeed - f'rinstance £45 charged in Sep '95 attracts £676 at their rates compounded annually! Nice work IF we can get it.

[noomill060]

And calculated monthly, based on a 360 day year, as it most probably is...

 

Ahhhh... the magic of compound interest!