6 year limit

[Azazal23]

Is this an actual limit, becuase ive just sent of my DPA letter but the 6 years will be up next month, does this make a difference

[Azazal23]

how much will this cost, do you enclose a cheque if so or wait for a response asking you to pay?

[BankFodder]

Not sure what you mean here. You can claim back as far as six years. So if you areowed money gaiong back 7 years then you won't be able to claim the first one year.

[Azazal23]

Right, prob my account was defaulted april 2000 - when is the cut off date.

[BankFodder]

hang on is this different to the natwest problem which we are dealing with?

[Azazal23]

Yeah, its a different one, im a glutton for punishment.

 

The Natwest one is still on going

[BankFodder]

So what is the story here?

I have the impressin that you had an account with Lloyds which was closed 6 years ago and that you were deafulted on it 6 years ago.

If this is the case, then you can only claim any charges which were levied for the last moth of the account as the rest will be timebarred.

Are there any other details?

[Lotta Littlies]

You'll more than likely get a standard letter back in which they state that they will waive the fee on this occasion - cos they're nice like that

 

Lotta

[richardc]

If you have only asked for copy of statements, they have upto now sent these foc. If you have asked for a list of charges and details of manual intervention you should get a form from their data protection request team in Andover who will ask you for £10 to which they are entitled. You really should ask for details of any manual intervention. This seems to be the banks latest line of defence.

[simonjohn]

So what is the story here?

I have the impressin that you had an account with Lloyds which was closed 6 years ago and that you were deafulted on it 6 years ago.

If this is the case, then you can only claim any charges which were levied for the last moth of the account as the rest will be timebarred.

Are there any other details?

 

Ive been having a little think about this,

 

Lets say for instance you have a number of charges that amounts to £2000 dating back to March 1999, The bank then defaults the account in 1999 and closes the account. The statute bared rule then starts from this time.

However, lets say that in march 2001 the bank have sent you a letter chasing you up for this amount, by virtue of the statute of limitations they themselves have restarted the 6 year period, In your favour, by acknowledging the amount is outstanding, so in theory the limitation date is now march 2007.

 

May be worth thinking about, if you fall into this catagory?.

 

SOMETIMES YOU HAVE TO PLAY THEM AT THEIR OWN GAME.

[Azazal23]

thats a very interesting point, ive been think along those lines aswell. Just a case of trying to think outside of the "box" ive also been wondering if they may have miss-sold me the account/upgrade to a select account. Why would an 18/19 kid who earns 30 per week want a Visa card. think they were chargeing me £3 permonth at the time for the privelidge. Im also thinking along that angle anyway, i have sent DPA request anyway to the DPA manger as addressed in the forum so will hopefully hear something bakc soon, i will keep you posted, many thanks for your help

[Azazal23]

I sent my DPA request off to the address stated, Penny Berryman on the 3/3/06 registered delivery. As of yet i have had no reply, what do i do next

[jmcdyre]

I sent mine on the 8th March, by email and got a response within a couple of days (just an acknowledgement).

Finally got a real response on Friday 24th, saying to send them a cheque for £10, then they will send statements within 40 days of receiving it.

Quite happy for them to drag their feet as it gives me more time to see how others have done!

[Azazal23]

sis you send it to penny berryman, what was the email address you sent it to

[Merly]

At the moment I'm wondering if I did the wrong thing not sending my DPA request by registered post.

 

I've sent it to them with a £10 cheque, I suppose it's only been a week ago, we'll see what happens......

[Azazal23]

Defaulted 19/04/2000 £ 4,541

 

Can any one help with this, around £2800 of the above default are charges. As the default is coming up to the 6 years can i still claim the charges back.

 

Also one the 19/4/06 passes will this default be removed from my credit record regardless of weather its settled or not.

 

What can i do if i disagree with the defualt

[jmcdyre]

As I understand it defaults remain on the file for 6 years from the date they are settled, not the date they are put on your file.

[Azazal23]

Bugger!!! what happens if obviously then the defualt was made up of illegal charges, can i request a copy of the pre default notice that was supposed to be sent to me before t was registered, i was working away at the time. If they cannot produce it would i have a case for it to be removed

[BankFodder]

Dealing with the default is very difficult. however, as the charges are a good proportion of the debt, maybe you stand a chance. We'll see.

 

For the moment, your problem is that you have a default which was entered nearly 6 years ago. This then must refer to charges which are applied over a period of time some of them more than 6 years old. Under the normal limitation rules, the claims are time-barred once they are older than 6 years.

 

However - Limitation Act 1980

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. . . .

I don't know if I need to explain the effect of this to you. The bank would certainly get excited about it as they would realise that this would open up claims for charges going back to the dinosaurs.

 

It all depends whether you are up for it - and of course whether it would work.

 

Fobbing you off with merely "we think the charges are fair and reasonable blah blah " if in fact they are not amounts in my view to deliberate concealment.

Once again it is experimental. it could take you into some serious litigation.

What I can say is that with the McNamara sound-file we have in the library, Lloyd's are the easiest target in this whole business. I hope that their lawyers read this.

 

You have to decide what you want to do. Do youhave all the details going back that far?

[Azazal23]

Im up for it believe me, I have all the time in the world and have a few hundred quid to spare to go to court. I have already sent the DPA and sent TSB an email yesterday to ask where they are up to, i got a reply almost instantly to say my statements are being prepared and are on there way soon.

 

Would you know if the Default can be removed after the 6 year period even if the account is not settled.

[BankFodder]

You will have to look it up in the CRA's websites. Let us know.

 

If the bank got really stuck in to litigation on this - and you lost then you would be talking bankruptcy.

On the other hand I would have thought that there wa a good chance of you winning but it would be a nerve-racking ride.

 

How much is owed?

How much of that is charges?

How far back do the charges go back?

 

Do you have an exact figure for the charges or do you need the DPA to find out?

[Azazal23]

I need the DPA, but i the default was for £4,700 - give or take 3k are charges & and intrest.

 

Could this be dealt with in the small claims court or becuase its a default would need to go somewhere else

[Azazal23]

bear in mind i was really only a student whne this happened, i was only earning around 120 per month and they upgraded my account to "select" with a VISA debit, thats cos around 3-5 per month thats when the charges stated coming and it snowballed from there

[BankFodder]

Yes it can be dealt with in the small claims court but if the banks realise - which they will - the basis on which you are using the LImitation act then they might make an issue of it which could potentially take it out of that track. This is why I say that it could be risky.

[Azazal23]

I think in the first instance i will tot up the charges and send them the initial letter. I wont make an issue of the 6 year limit until they do, could also make the point that they have contacted and updated my credit record since Arpil 2000 so could that be consrude as kinda re started the 6 year limit if they asked for payment after the default date