Tiffla & His Other Half

[Tiffla]

Hi, all.

 

My O/H has just received a letter from HSBC with an offer after she sent her LBA.

 

The letter says though, that some of her charges are outside the 6 year time slot.

 

The SAR was sent on 10th of January, the prelim letter was sent 2nd of March and the LBA was sent on the 20th of March.

 

We've dragged our heels a bit just lately with filing at MCOL, but my question is - when does the 6 year clock start from??

SAR, prelim or LBA??

 

Would really appreciate some help.

[HSBCrusher]

Just stick to your guns, claim the lot, they will still pay.

dont worry about the limitation period.

 

Crusher

[Mostyn1704]

Hi Tiffla. I say stick with HSBCrsher's advice....he's the king !

If you want some reading re claiming beyond 6 years,here are two refs: Firstly from Bong's thread http://www.consumeractiongroup.co.uk/forum/legalities/65306-forget-32-limitations-act.html

which argues that the 6 years only starts from the time you make your first request for payment, then you have six years to pursue it, and secondly HOUSE OF LORDS SHELDON AND OTHERS, APPELLANTS

AND R. H. M. OUTHWAITE (UNDERWRITING AGENCIES) LTD. AND OTHERS

RESPONDENTS Authoritative version at [1996] A.C. 102 (sorry don't know how to paste link for this one !) which argues that six year period only starts from when you realised the charges were unlawful (the concealment argument), i.e your Prelim letter, or your realisation that maybe they were unlawful, (April 2006 OFT report on bank charges at the earliest) From that point you have six years in which to claim, NOT that you are limited to 6 years worth of claims BEFORE that date

[skintcumbrian]

As I have said elsewhere, I saw my offer letter on the HSBC system yesterday in my branch.

 

It includes £225 from the last two months ie SINCE I started my claim. (I _was_ debating amending my claim to the court, as paying £35 to get back the £250 charges from March and April seemed a fair bet.... but HSBC have added on those charges to their refund themselves without me stumping up £35 - neat!)

 

They have put £250 charges on me in 2 months and seem to have now reduced them to £12.50 a month - in line with OFT suggestions praps????

 

So, IMHO you don't need to add charges on in the 2007 period since you started your claim as HSBC seem to be doing the work for you. That sort of (to me) seems to make up for maybe losing a couple of months in the past ie at the beginning of the claim. Sort of begs the question as to whether it is worth 'seeking' further disproportionate overdraft etc charges once you submit your claim!!! (Ouch!)

 

However, I think that CAG ought to consider advising people to start their claims a couple of months after the 6 year period because of the backlog and time delays in the court process. ie if today's date is 5th May 2007, and you are just starting the claim process with an SAR, you request all statements from 05/05/02 but enter the charges from 05/07/02 into Vampiressesssesesses spreadsheets. That way, by the time it gets to court in say 07/07 or even later, at least DG can't dispute a payment in June 02 etc because it is outside the 6 year period.

 

Or we all seek repayment back to when we started getting charges, whenever that was for us all, 6, 16 or 26 years ago............. with contractual interest!

[Rayne]

i like the latter idea better