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Claiming beyond 6 yrs - important new information!!!

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I only have pre 6 years for Barclays Businesss account. Is it worth having a go anyway - am I right in thinking the most we can lose is our £10 SAR and the MCOL fee, or am I talking rubbish? I don't have the statements but from memory we were getting charges on a daily basis so the claim must be worth thousands. Don't want to start something and end up having to fork out for legal representation or paying costs of their legal fees.

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MacBoy,

 

Don't worry - I'm sure that all the info lies within this thread.

 

I'll have a look-see.

 

If I don't respond - then PM me and I'll search .... and search .... and search!

 

Cuz I have an :) interest :) in this too!

 

;) YAWN ;) - see my thread: Dusary v Bank of Scotland

  • Haha 1

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks Dusary

 

I just want to get things right - a little risk management to ensure the six year amount is not put at risk by going further if at all possible. I don't see any sense in throwing the baby out with the bathwater if this can be avoided ;)

 

Mac


  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I only have pre 6 years for Barclays Businesss account. Is it worth having a go anyway - am I right in thinking the most we can lose is our £10 S.A.R - (Subject Access Request) and the MCOL fee' date=' or am I talking rubbish? I don't have the statements but from memory we were getting charges on a daily basis so the claim must be worth thousands. Don't want to start something and end up having to fork out for legal representation or paying costs of their legal fees.[/quote']

 

Hi Gran. I take it you do not have any of your business books / accounts anymore, as i think it is going to be almost impossible to get copies of statements back from the bank. THey are all saying they dont have them past 6 years , which frankly we all know is a load of tosh.

You can try with a SARS request and they may well send your £10 back.

If you did get to claim stage, and it is in the small claims court (under £5K ), the only risk is the fee that you have to pay and that is determined by the amount of the claim. a £1500 claim costs £120. Not sure how high it goes for higher claims.They cannot claim back the costs against you for their legal fees or representation.

This is the beauty of small claims, it allows for the small fish to claim against large corps without risk of being hit with large legal bills if they lost.

But first you need statements, get those and then see where to go next.

Does your accountant not have copies. Are they not filed away somewhere. Some people keep the statements even when the main accounts are destroyed .Try to think of anywhere they might be.

Good luck

CM

  • Haha 1

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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After a majorly long fight I today received the statements from NATIONWIDE PRE 6 YEARS BACK TO 1991 AND 1993. I have already claimed after 6 years on one of my accounts so my pre 6 year claim would be just that, have I got anything to loose by going for it? apart from my time and the court fee, for example could they make me pay up their costs? im still unclear how I can get past this limitation thing that after 6 years its written off, but i cant give up now.


muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Well done skeggs, you have achieved the impossible, maybe you could give some help to garys gran in how to get them from barclays.

There is no other risk than what you have already stated as i presume would still be small claims and even if over 5K it goes fast track and can be asked to be still classified as small claims, cant remember how, but read up on fast track f it applies to you.

As for can you claim, i suppose it depends if you signed the acceptance and how it was worded, you will have to look at that.

 

Limitations act is another thing, but can be got past. Have a look in the claiming past yrs threads, and Bongs claim (13 years), looking for items ref limitations act S32 part 2 (B) and ©

also i think its....... was going to say consumer regs, but actually its something else because post 1997 i think ( not up on that bit , better check before using it )

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

You may want to consider Claiming CI, but read up on it a lot before you go for that, but acheivable if you go that way. ( will be a bit longer to wait as they do like to fight about it before giving it up lol)

Do you have any new charges you could add to either or both of your claims, it is better if you have as the whole claim has less chance of being thrown out as it would wholly pre 6 years, there is no reason why it should anyway, just adds extra weight to your claim.

 

Hope that helps, Good luck

CM


Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Just a quick but a very relevant question to a claim I am handling for my Son in law.

We claimants have been told many times that we cannot make a claim further back than 6 years.

Well I am going to ask a question turning the game so to speak on its head(I hope).

In 1997 my son in law took out a loan while he was a student(mature). He couldn't pay this loan and an overdraft he had and the accounts remained dormant for a long time. He then moved.

In 2004 Lloyds bank the caught up with him after more than 6 years had elapsed. My question is as the time was over 6 years can the Bank legally make him pay? after all a long period of time passes while we persue our debts against the Bank, and then they try and refuse to pay anything over 6 years old from the time we actually take them to Court asking for the limitations act to be imposed

Any ideas anyone about the answer.


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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All

 

I know there used to be a sticky about claiming for a period beyond 6 years, but I can't seem to find it anymore, so forgive me if any of you feel I'm hijacking the thread.

 

I can't find it anymore, either!

 

But I've posted regarding this - and it somewhat has a bearing on English claims - but more particularly, Scotland.

 

I'll post the link in a mo!


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks for that Dusary - well spotted.. :cool:

Mac


  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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johnwilsonstorey

 

Every thing in law a contadiction & or precedent. BankFodder 07/04/07

"We think that claimants should consider claiming beyond 6 yrs.

Firstly, the charges campaign has been in full swing now for a good year. The banks were well aware of it a year ago and also the OFT report highlighted the law and the bank's obligations - just in case any of them were at all in doubt.

 

To my mind this is good evidence that any bank which continued its charges regime after the date of the first OFT report has been concealing its charges regime and therefore has lost the protection of the Limitation Act.

 

I do not believe that the Limitation Act offers any long-stop mechanism so that if you concealed the facts one year ago then you do not merely accrue an additional year of liability. I think that a single instance of concealment invokes s.32 and the limitation barrier falls away completely.

 

Concealment amounts to a question of the morality of the defendant's action. Once this is established then I do not believe that the courts will strive to give them any help.

I understand from Zootscoot that this view is also confirmed by case-law.

In fact it seems even if a concealment has occurred even after the breach in question has occurred, the limitation period still falls away.

If the banks want to challenge this then it is up to the claimant to respond at least with the arguments above and then if the bank want to rebut this, they can rebut it with a statement of truth.

I doubt whether any of them would dare. They are already getting in too deep as it is.

A statement of truth which is made knowing that it is false or reckless as to its truth is a contempt of court. I do not believe that the banks would go this far

 

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.

We expect to be giving the same advice in respect of other banks as more information surfaces - as it surely will.

However, we consider that beyond 6 years is now just a basic claim.

We will be amending templates and so forth in the coming days".

 

I've recently had a finding against NW from the Finanacial Ombudsman Service whereat the bank were attempting to invoke the 6 limitation against the writer.

There are many good web-sites on The Limitaion Act 1980, in your case a preliminary riposte should be that on advice their claim is statute barred, invoking 1980 Act, on an usecured loan, different if secured, then not all lost!

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Could you elaborate on the Ombudsmans decision in your case, mendipman?

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Yes, me too, please.


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Very good post Mendipman1.

Very intersted in ombudsmans views in your claim. Many people in similar situations.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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"I've recently had a finding against NW from the Finanacial Ombudsman Service whereat the bank were attempting to invoke the 6 limitation against the writer.

There are many good web-sites on The Limitaion Act 1980, in your case a preliminary riposte should be that on advice their claim is statute barred, invoking 1980 Act, on an usecured loan, different if secured, then not all lost!"

 

This very nearly makes sense.

 

Could you explain what you actually mean?

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I only have pre 6 years for Barclays Businesss account. Is it worth having a go anyway - am I right in thinking the most we can lose is our £10 S.A.R - (Subject Access Request) and the MCOL fee' date=' or am I talking rubbish? I don't have the statements but from memory we were getting charges on a daily basis so the claim must be worth thousands. Don't want to start something and end up having to fork out for legal representation or paying costs of their legal fees.[/quote']

you only pay ten pounds once for all your information that is held. I actually rang a number which was posted on this site for Barclays 0800282390, I got the statements 2 days later. It has to be worth gettin the statements and having a go, just try to read up on everything first. If its under 5k you wont have to pay their costs as small claims.


muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Thanks. I sent off my SAR letter yesterday but will also give that number a go on Monday.

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Hi, My claim is due to go to mercantile in leeds on 28th june, It is for about 7 yrs with A&L. I do'nt have to do a bundle...but A&L have put in their case management sheet that it should be struck out due to the SOLA. Any advice would be great...does anyone know of any cases that have got to court that are pre6yrs?

Jenny

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Hi, My claim is due to go to mercantile in leeds on 28th june, It is for about 7 yrs with A&L. I do'nt have to do a bundle...but A&L have put in their case management sheet that it should be struck out due to the SOLA. Any advice would be great...does anyone know of any cases that have got to court that are pre6yrs?

Jenny

 

Hi

Firstly confused why you dont need to do a bundle ?, even for a hearing you need bundle, how else will you defend the banks action above.

 

Dont know of any that actually got to court, but see bongs thread, she got back 13 years worth and won.

You need to read up on the SOLA and find s32 part 2 (B) & © and use that to defend them trying to get it struck out

also there is something in the UTCCR somewhere, just cant remember where at moment

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

Bongs claim was against HSBC but a lot of the stuff is relevant to any claim, have a read

 

CM


Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi Celicaman, I dont need a bundle cos its a directions hearing, all they need is a case management info sheet...thanks for bongs post...was'nt sure if there was any more?

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Hi JB,

i have a notice of allocation/directions hearing in July, and rang court to find out i still need bundle for that. But if thats what they have told you, then fine.

 

SOLA 32.--

  • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

    [*]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. ....

In your defence, you could argue that you only became aware of the unlawful act during the whistleblower programme on BBC on 21 March 2007 and the OFT report of 5 April 2006.

 

The fact that the banks have continued to conceal the actual damage caused by claimant's breach of contract means that they cannot rely on the Limitation Act 1980. Therefore their reliance on the Limitation Act 1980 is null and void.

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . . (5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

The fact that the banks have continued to conceal the actual damage caused by claimant's breach of contract means that they cannot rely on the Limitation Act 1980. Therefore their reliance on the Limitation Act 1980 is null and void. (Quote taken from bankfodder post)


Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Good luck with theses cases. I am watching and learning!!:)


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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This is all part of dirty tactics by the banks, if you were not Part Of CAG, this would all frighten you and me ino backing off.

Because only part of your claim is alledgedly protected by SOLA, it would be less likely to be thrown out anyway compared to a full pre 6 year claim.

Dont know how you reply to this, I take it you have to fill a form in.

in reply.

I suppose you would say that you will be relying on the SOLA parts 32 parts 1, A, B & C and part 2 A & B and also the relevant part from the UTCCR to stating the part about when the unlawful acts came to light. and then the part about the banks continuing to conceal their charges etc to Null & void.

I doubt at this point that you have to actually quote the acts, its more about what you will be using to substantiate your claim.

See how fast they run then :)

 

Hope that helps

CM


Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Good luck with theses cases. I am watching and learning!!:)

 

Hey Kenny, Dont follow me im Lost Too LOL :)

 

Any advise given here is totally fictional and bares no resemblence to any person living here or in my head, i think ? ;)


Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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