femaletaffy vs Barclays (claiming 1995-2002)HELP NEEDED!!!

[femaletaffy]

NEED ADVICE IN PARTICULARS OF CLAIM ON N1 FORM!!

IN SECTION 4b it states unfair terms in consumer contracts regulations 1999..

Should i be stating some other term as i am claimin beyond that!??

ANY ADVICE PLEASE??

[dar£n]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[buster6925]

hi,

i have received a letter from barclays , offering to settle £934 for the years 2001-2007. they have not sent me a breakdown of the charges. has anyone else had this kind of letter. should i settle or hold out to see what my charges really were ?

[dar£n]

buster, can you start your own thread please

then any replies will be directed to your claim and not confuse issues on this one,thanks

[femaletaffy]

Hi dar3n,

thanks for your reply.. already have the n1 form just need to know about particulars in the claim 4b due to claiming beyond 1999 as i want to claim from 1995, just wanted to know if there was another term to use??

[dar£n]

Any good?

hi its all to do with sect 32 limitations act.

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. ....

  [*](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).

using this as a basis i believe they have deliberatley hidden the true cost of charges from me.

Extract taken from

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/37418-claiming-1991-2000-fight-4.html?highlight=claiming+beyond

[femaletaffy]

Thanks dar3n

A big help.. i take it this is what i quote on particulars of N1 form then?

[militant minky]

femaletaffy i think you would have to word it something like this on the N1

 

?) The claimant has requested that the defendant makes clear the costing for the charges debited against the account for the purported breaches of contract on the part of the claimant. The defendant has refused to disclose this information and deliberatly concealed this fact which is relevant to the claiments case. The defendant is in breach of section 32 (1(a)) of the Limitations Act ???? and therefore all documented charges levied against the claimant are claimed for.

 

You should get a second (or 3rd, 4th 5th) opinion on this before adding it to cover the fact that the claim is beyond 6 years.

 

Hope it helps (Please get a second opinion before adding it)

[kippy2]

hi have a read of glenn uk v abbey and bongs thread. they are pre six years. glenn has an excellent poc.

 

last page

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey-21.html?highlight=Glenn+uk+v+abbey

[femaletaffy]

If any 1 else is reading this thread any advice.. Thanyou very much m minky.. Im not very good with all this legal stuff. I'm aware that you can make silly mistakes and want to get it right 1st time..Dont want to give any amminition for them to defend,, the theiving B...ards..I appreciate your time..

[femaletaffy]

Thanks kimmy. will check it out.. have read Bongs thread with great interest and have had a few posts from her.. She's an insiration to this site..