Questions about pre-6 years, court forms and full disclosure

[BigFatGreedyBanker]

Hello, I have a couple of questions, please feel free to swear at me whilst pointing me somewhere else if they've been asked before:

 

1) If some of my claim is pre-6 years should I mention this and my reasoning in my POC and subsequent AQ? I have read that if the bank don't bring it up then you shouldn't either? My problem is the bank have already brought it up in their response to my prelim.

 

2) If you are meant to include it in your POC can someone point me to some amended wording?

 

3) I read a while ago that the FAQ section was just about to be updated with pre-6 year info. Is this likely to be done any time soon?

 

4) If I want to request a full disclosure of the banks costs at what point should I request this and how do I go about doing it?

 

Thanks Guys

[BigFatGreedyBanker]

Anyone?

[Stornoway]

Hello, I have a couple of questions, please feel free to swear at me whilst pointing me somewhere else if they've been asked before:

 

1) If some of my claim is pre-6 years should I mention this and my reasoning in my POC and subsequent AQ? I have read that if the bank don't bring it up then you shouldn't either? My problem is the bank have already brought it up in their response to my prelim.

 

2) If you are meant to include it in your POC can someone point me to some amended wording?

 

3) I read a while ago that the FAQ section was just about to be updated with pre-6 year info. Is this likely to be done any time soon?

 

4) If I want to request a full disclosure of the banks costs at what point should I request this and how do I go about doing it?

 

Thanks Guys

1. Have a read of this thread which should help http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

4. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=Allocation

 

Hope it helps.

[Guest ChloeJane]

Hi there,

 

Unsure how much your claim is or where you are up to for this to be an issue so will reply with relevence for now till you update me as to whether this is correct.

 

 

I assume the bank has raised it as an issue, as they are starting to with some claims, due to the dates when you finally get to court.

 

POINT 1.- your claim and the six years time limit starts from the date of the first letter sent - asking for the fees back!

 

No you would not place it in your AQ - .

 

POINT 2. -It does not have to be raised in the particulars of claim.

 

POINT 3. - See point 1 if this is relevent.

 

POINT 4. - Disclosure is an automatic process - of your claim.

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

So no need to worry as all will go through as part of the case management process for a Small claim or fast track depending on amount claimed.

 

Post back if this has not made sense of not clarified what you have asked.

 

CJ

[BigFatGreedyBanker]

Thanks Stornoway and ChloeJane, that has answered a couple of questions but not all of them.

 

Unsure how much your claim is or where you are up to for this to be an issue so will reply with relevence for now till you update me as to whether this is correct.

 

Claim is for £2700 (6 year charges=£2000, pre-6 year=£120, overdraft interest=£580). The bank have offered the £2000 but have refused the pre-6 year and OD interest. LBA deadline expired last week. I am in 3 minds as to whether to accept the £2000 and run, reduce the claim to just 6 years with OD interest or hold out for the whole lot. I must admit I'm starting to lean towards taking the money and running.

 

POINT 1.- your claim and the six years time limit starts from the date of the first letter sent - asking for the fees back!

 

I thought the 6 years counted back from the date of filing the court claim? Anyway, even if its from the prelim date, £120 would still be "pre" 6 years. I sent my Data Protection Act request and then was delayed for a couple of months before doing my prelim (hence a couple of months slipping off the end).

 

No you would not place it in your AQ - .

POINT 2. -It does not have to be raised in the particulars of claim.

 

This is what I'm finding confusing - on the pre-6 year thread one of the Mods (I think its Zootscoot) is saying to include it in the POC etc. Now your saying not to include in the POC. Whats the official CAG line on this?

 

POINT 3. - See point 1 if this is relevent.

 

I'm getting a bit concerned about the validity of the pre-6 year bit, particularly without any CAG info backing it up. I'm worried that the same will happen to pre-6 year as happened to contractual interest. CI seemed to be supported and then after a while the Mods/CAG seemed to turn against the idea. I saw this and decided not to go for CI.

 

I'm a bit worried that its been announced quite a while ago that pre-6 year claims are now "standard" and that the info will follow shortly, but no info has followed for quite some time. I don't want to cause any trouble, but as is reiterated in the FAQ's, I am about to take a bank to court (serious stuff) and want to be completely sure of what I'm taking them to court for and the process to use. Whats the CAG line on this? Is pre-6 years a standard claim still or is there a chance I could loose because of this issue?

 

POINT 4. - Disclosure is an automatic process - of your claim.PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

If disclosure is automatic why have the banks never had to actually disclose their costs even though a number of cases have ended up in court?

 

Thanks again.

[Guest ChloeJane]

Hi,

 

I see your points and with more information is easier to advise -

 

My PERSONAL opinion is this - I PERSONALLY would not fight for past the 6 years. I as a law student have not researched it enough nor the grounds and feel PERSONALLY that the risk is too great. (Bankfodder I am sorry).

 

Don't just take the 2,000 and run.

 

I would re calculate interest etc - and add in the schedule of charges - This will ensure over 2,000 for your claim and ensure upon challenge that you were correct and without question as to the claim.

At the moment if you accept the 2,000 and run then have lost money. For £35 you can continue with confidence.

 

Resend new Letter before action with new figures and continue on!

 

There is no need then to change the particulars of claim!

 

*Edited as thought you had filed your claim!**

 

 

CJ

[Guest ChloeJane]

Just one final thought -

 

At this stage of the process your understanding of the procedures and what you have done to date is important.

 

Each person that visits the site has a different knowledge base and confident and able to digest the information to form their own opinion.

 

As you said, I PERSONALLY advise anyone, that if they do not understand contractual interest, do not use it. If you do not understand or could adequatly see yourself fighting for past 6 years, then do not attempt it.

 

Each individual here as you have rightly pointed out is taking a bank to court on legal grounds, against a lawyer that knows the legal arguements for the bank, so only follow a process you are willing to comprehend research and put in a good arguement if challenged on your knowledge.

 

This site is amazing and empowers people for the various pieces of information that lay within its posts and pages. It is a guide. Use it wisely and if in DOUBT DON'T - is my general rule.

 

CJ

[BigFatGreedyBanker]

Resend new Letter before action with new figures and continue on!

 

There is no need then to change the particulars of claim!

 

Thanks CJ.

 

If I do decide to send an amended LBA do I have to give them a further 14 days to comply?

 

Also, should I mention in the LBA that I've removed the pre-6 years charges or should I just send the standard LBA with the amended figures?

 

If I wait a further 14-16 days for the new LBA deadline, will it matter that by the time I get to court claim stage more of the charges will be older than 6 years?

 

Sorry lots of questions.

 

Cheers.

[BigFatGreedyBanker]

Anyone got any input on the above?