Claiming beyond 6 yrs - important new information!!!

[elsinore]

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

 

This should help to dispel your fears:)

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-not-so.html

 

Els

[elsinore]

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.

 

True bong, but it will have to be put to the test by people like myself who have claims made up entirely of pre-six year charges!

 

Els

[elsinore]

Hi Glenn,

 

I can see this but if the banks are refusing to part with info in the first place, using the '6 year' rule as a basis for their action, then what form of words would you suggest to get them to supply.

 

A properly worded Subject Access Request should make no mention of date or periods. It is asking the lender for ALL the information they have on you, irrespective of when it was acquired or recorded by them. You have a legal right to press for this information until it is forthcoming. The rest is just flim-flam on the lender’s part.

 

Els

[elsinore]

Thanks. I don't have anything - the business folded in 1997 and I've just cleared everything from our attic. I suppose the first step is to ask for copies from the Bank - but as I'm not asking in the capacity of a consumer are they still obligated to supply them?

 

Were you a sole trader or a limited company, Gran?

 

If you were a sole trader then you still make a SAR for your information as an individual, just as you would for a personal account.

 

If you were a limited company, you can still ask for copy statements but they might charge you to supply them (if they have them!)

 

Other claimants on the Barclays forum should be able to tell you more about how far back they have been able to obtain statements,etc.

 

As Celicaman says, it won't be easy, but keep at it.

 

Els

[elsinore]

...I presume it will be the same address for Barclays and the format of the letter will be the same as if I was asking for information as a consumer.

 

Gran

 

Yes, just head your letter with the same title as it appeared on the account e.g. Dave's Gran's OH t/a Bankbusters.

 

You'll get the correct address details from the Barclays Forum stickies.

 

Els

[elsinore]

There's tons of stuff on the Abbey forum about microfiche, all positive.

 

Here's one interesting case which will spur you on

 

http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/43925-garyhs-oh-abbey-non.html?highlight=microfiche

 

Els

[elsinore]

Im helping friend on monday re claim re business claim back to 1996 . Nat West trying to throw out under limitation act . ive read up on this section 32 etc and can see I can say when we knew ait wasnt legal etc but how can I enforce the fact they tried to conceal it ? I also want Nat west Terms and Conditions back to 1996 any ideas where to look ? i have also seen the law cases put by Zoot on the site re limitations anything else I need to be thinking about regards Gaz

 

Not back to 1996 Gaz, but here are 2001 T&Cs, which is when the account was still open

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956688

 

Els

[elsinore]

Hmmm, apologies Gaz, I'll check it out.

 

Els