Claiming beyond 6 yrs - important new information!!!

[kennyh]

harejon,

What part of #371 don't you understand?

[TANZARELLI]

so if you have kept your statements going back over 6 years you can't claim those fees > 6 years back? but if I requested those statements and recieved them tomorrow I could? are you sure? That's not how I understood it but I've only been reading other peoples posts, I'm certainly no expert.

Neither am I, however you can claim back to whenever if you have the account info, you will have to argue section 32 of the Limitations Act in order to do this, also there may be more of a chance of having to attend court.

 

To try and clarify:

 

The six year period is not from now back to 2001 or whatever. The six years relates to the time after you become aware of the unlawful actions of the bank. (most people take this point as being last year's OFT report.) Correct, others also say they became aware from recent media info re charges, but tthe OFT report of April 2006 is prob a good basis.

 

From 'becoming aware', you have a six-year window to make a claim. ie any time up until April 2012! So time to get cracking. lol

 

Provided you have, or can obtain, the relevant information, you can claim charges as far back as you can prove them. Yep which is what I said in my post above.

 

ie: if you have 1980's statements, CLAIM !! Yes, and with CI the figure would be massive, however this makes the claim more complex and you would need to read up on this before going down this route.

 

Does that make sense? Yep

 

D.

 

so I was right then.

So was I. lol:D

[oneofakind]

Me too;)

 

Group hug, and let's move on....

 

[pford]

Found this piece on the net today

 

 

Type of action

Limitation period

Special cases

Actions for breach of a contract

 

• Six years from date of breach for an ordinary contract

• 12 years from date of breach for a contract executed as a deed

Start of limitation period may be postponed where:

• The action is based on the defendant’s fraud.

• The defendant has deliberately concealed a fact that is relevant to the plaintiff’s right of action.

• The action is for relief from the consequences of a mistake by the plaintiff

 

full doc here

 

http://www.geoffreyleaver.com/download-resource.asp?toolkitid=56

[oneofakind]

Say no more!

 

 

Thanks for the clicks, guys.

[harejon]

harejon,

What part of #371 don't you understand?

 

I'm not quite sure what you're getting at kenny, ofak has explained it as I understood it. but thanks for your helpful comment.

[heen2206]

Hi. help please.

I have had a successful claim against RBOS for the last 6 years, can i go back again and ask for pre six years?

[Celicaman]

Yes you can, i think as long as you did not sign the 'full and final claim' letter from bank, you can file a second claim and as long as you have the statements to back up your claim.

 

I have one at MCOL nearing the end for 6 years worth and am going to start claim now going back to 1993, and luckily for me they have also recently charged me for going OD again, so i can claim that with the old claim, this will help my claim because the bank cannot ask for it to be thrown out on the time limitations excuse as some of the claim will be recent.

 

 

I also have claims for 3 business accounts pre 6 years that i am currently working on, but need to make sure got all correct info as i know first refusal on all them will be the time limitations excuse, so i am trying to find out how to word the letters to rebuke this before they even start.

Good luck

[Tigs33]

I am now going after Abbey, HSBC and Barclays for pre 6 years charges.

 

I am totally disgusted that Abbey had charged me £15 x 4 for an unauthorised o/d fee during a period when we hadn't even been overdrawn!!!! I didn't notice it at the time.

[kennyh]

Yes you can, i think as long as you did not sign the 'full and final claim' letter from bank,

If the period of the first claim was clearly spelt out then surely you can whether you signed as 'f&f' or not. Anyone?

[TANZARELLI]

If the period of the first claim was clearly spelt out then surely you can whether you signed as 'f&f' or not. Anyone?

 

I scored out the full and final on my settlement letter for my first Barclays claim and when writing to the court to withdraw my claim added this:

 

With reference to my above claim, I have agreed a settlement with the defendant Barclays Bank for this claim, which I have accepted.

Tanz

[Mendipman1]

I've currently a referral with the FOS, allocated to an Adjudicator, the enclosed protocol & response to date, imbibes an even handiness, notwithstanding in the preliminary interface, NW are objecting to an 'investigation' by the F0S!

 

I'm not a Johnny come lately, having successfully litigated against solicitors & counsel, liken to treacle; in the event settled via the Insurance Idemification Schemes, doubless the banks' similarly idemnified?

 

I believe the FSA Letter, 9 February 2007 "Submission to the 2007 Review on the Banking Code" on the FSA web-site, yet to permeate through the banks 'best practice'!

 

Commend Professor Prem Sikka, Essex University & his & Austin Mithell MP publications.

AABA Homepage

[Guest bong]

If the period of the first claim was clearly spelt out then surely you can whether you signed as 'f&f' or not. Anyone?

 

I've read in this forum that you cannot sign your rights away under common law. So signing anything as full & final settlement would require the bank to have given consideration over and above the settlement figure for this term to be contractually binding. In the same way that confidentiality clauses are not binding unless there has been consideration. Consideration is required in all English contracts (doesn't apply in Scotland), and the payment offered/made in respect of the claim is not consideration because that is a debt they already owe so they can't impose conditions to their payment without giving something additional.

 

I have even read of someone who is now going back to pursue the balance of a claim where a sum less than the total claimed had been accepted in full and final settlement.

[Celicaman]

Probably the same way that they have told us for years that what they are charging us is legal & correct, and we beleive them so we allow them to charge what they want, if we sign the declaration, WE believe we have no rights to do anything else, so we dont, its more miss leading again isnt it

[Perseus]

......

We would urge all claimants to claim as far back as they can.

In the case of the Yorkshire and Clydesdale banks we would suggest that even where claimants have accepted full and final settlements or have accepted compromise settlements that they should now go back for anything outstanding on the basis that the Whistleblower disclosures show that there has been concealment and that any full and final agreements are now vitiated by that concealment.

.........

 

Don't know if this helps re the F&F statement!...

 

Pers

[heen2206]

Thankyou all so much, i will write a letter today

Will keep you informed as to the outcome.

[disgruntled2007]

Very interesting. I filed in Court last Monday (16th April) against LTSB. One is my claim for six years of charges, the other is to force full compliance of my SAR. Am I in a position to "add/amend" my money claim to include the charges incurred since my calculations, ie I got hit for another 100 quid or so last month, and can I also add the pre 6 years to this claim? The SAR claim is because they've only sent me list of transactions going back six years and have laso fobbed me off with a fat pile of explanatory gumf that looks like satff training notes to me! Additionally, they are still failing to offer info that is unerstandable! Look for my thread at disgruntled2007 v LLoydsTSB. Thanks for any help/pm's!!!

[photoman]

Disgruntled

Could you please post the wording of your SAR non compliance court claim.

I am looking to file one too, and looking for help with the wording.

thanks

[Don4071]

me too thanks

[noomill060]

There is an appropriate template letter in the library.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[Kerrie78]

I sent a SAR on December 28th to Abbey asking for info on my Account from 1993 (date of opening) to November 2000.

I already have the remainder but stupidly I must have put the dates on my first SAR request which was sent in June 2006.

 

I have it in black and white on Abbey s reply dated 19th January that

 

"unfortunately, we are unable to provide any information on your account prior to 2001 as any transactional data before this date has been deleted.

Abbey are only legally obliged to provide transaction data for the last six years. Anything in excess of this period has been destroyed"

 

Now from what I have been reading on this thread does this mean that Abbey have blatantly lied to me, and if so where do I go from here.

[photoman]

Noomil

Thanks

I will use it as appropriate, but I am also thinking of adding a claim for damages?

 

I think this could consist of a request that the court consider and assess the Claimants losses resulting from the Defendants deliberate and willful obstruction of their rights to reclaim unlawful charges.

 

Do you think such a claim should be added at this point, or do you think that it would require a subsequent action, once a judgement has been passed and any data (or evidence of destruction) that is available is provided?

Any thoughts anyone?

[noomill060]

You can only claim for quantifiable losses you have suffered and of course the Court fee.

 

Check out the letter in the library as noted above.

[Celicaman]

Disgruntled,

We are in same boat Re charges over 6 years and new charges and i have MCOL claim in against HSBC.

I am relibly informed by Bong that its better to leave the existing claim in to run its course and start new claim for over 6 years and latest together.

Also as one of the claims is Post 6 years, there is less chance of the court not accepting it due to the limitations act.

Im still working on how to word initial letter template for this claim as well because i know they will send straight back saying cant claim more than 6 years etc.

Actually it will more than likeley say 'you cant claim at all, our charges are fair blah blah blah and even if you could claim, you couldnt go past 6 years.......'

Wrong answer !!!!!

Let us know how you get on

[Steveh3]

Hi Bankfodder

I have an account with barclays in berks, I now live in Scotland how far back can I claim.

Thanks to you I have a claim going to court soon for the last five years,

Great work guys

Steve h