1998

[volvo]

is there any further news regarding out of date claiming, as i have 13 credit card debts which i defaulted on around november 1998 which attracted lots of penalty charges which have now been transferred to dca's which i have been paying monthly payments to all of them since then and indeed will be for next

15 years approx.

 

to be able to reclaim some of those penalty charges for letters etc they sent me would be great

[MARTIN3030]

Volvo as far as I am aware these avenues are still being expolred.

 

As you can imagine any action which would be thought ok to bring outside the limitations act would need to be backed with some heavyweight anchoring.

It will need to be seen as giving a reasonable chance of having a case too.

I dont expect it will be any time very soon,but with people collaberating on this I do expect a developement of some kind but at the moment would not like to say as quite simply no one knows.

[volvo]

Thanks

 

Fingers crossed for the future then!!

[MARTIN3030]

I have been reading of a settled case today that did in fact go beyond the limitations.

The claim was settled.....although there is further action pending for default and compensation issues.

 

I have also read of another case.

These were both fast tracks and the defendant stood to lose 750.00 plus his costs if he lost.

Its suspected that the reason the bank did not raise the limitation issue has something to do with them being asked for disclosure of their charges.

[bitbob]

Any use to anyone?

 

I have been doing a little digging regarding the time limits for claims, in most cases & even legal advice comes down to Sect 5 Limitation Act 1980

http://www.lawcom.gov.uk/docs/cp151apa.pdf

 

Section 5. Time limit for actions founded on simple contract

 

An action founded on simple contract shall not be brought after the expiration

of six years from the date on which the cause of action accrued.

 

But do the unlawful charges fall under this simple contract clause? Is there a case to argue for

 

Section 32. Postponement of limitation period in case of fraud, concealment or mistake

 

(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.

 

So claims over 6 years may still be within the limitations act.

 

The full thread is http://www.consumeractiongroup.co.uk/forum/general/7724-limitation-act-1980-time.html

[Guest Zooman]

Volvo do you have and statements from 1998?