Past the Six year mark

[stephie]

Hi All,

After having a large claim settled, i'm now feeling brave enough to take the bank on over a student account i had from 1998-early 2000. I'm using the argument that although the account charges are statute barred, they were concealed from me and therefore i'm able to claim and the six year starts from when i find out about it.

With my last claim i felt really strongly that the banks shouldn't have just been able to settle out of court without so much as an apology, but at the end of the day it was for alot of money and i couldn't risk the judge throwing the case out because i refused to settle even when the full amount was offered.

HOWEVER.........this account is only for a couple of hundred pounds so i'm going to have some fun:D

Because of the time of the charges i don't expect the claim to be as easy as the first, but i still think that the only way the banks could argue that the 'penalties' were not concealed is by disclosing their true costs, we all know their view on that...so i'll keep the thread updated, and when it gets to the MCOL stage, i think i'm going to be demanding an apology along side my money:razz:

[Guest ian cognito]

Sorry if I'm being thick but how were the charges concealed from you.

 

I'll be following this with interest as I have an old account that I could do with claiming for but I suspect I already know what the answer would be if I asked!

 

Good luck with it and don't forget to keep us posted.

[stephie]

You're not being thick, it's taken while to get my head around this myself. I'm claiming that the bank has not been upfront about the charges and the true costs incurred by the bank, and had i know before now that they were in fact penalties i would have claimed then. As it is it is due to CAG that i am now aware that i can claim these charges back, so i am.

This section makes up my claim and it states that debts over six years old are statute barred unless:

 

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

 

The bank has concealed the true nature of these charges and so unless they are prepared to disclose true costs, i want my money back!

 

Does that make any sense?? I thought i had it clear in my head!!!

[Guest ian cognito]

Yes it does! thanks I thought you meant you didn't know about the charges, very brave of you to go ahead with this one as you'll be doing everyone a huge favour, extra vivillance needed as I think this is new ground!

 

Keep us posted and very good luck with it!!!!!

[stephie]

Thanks alot, i think in this case i might just need it:D

[TaylorMade]

This section makes up my claim and it states that debts over six years old are statute barred unless:

 

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

 

Interesting! Whould that 'exception' not also work for their punitive charges on current accounts? I know the amount they have taken in the past 6 years, but I also know the amount (far higher) they got off me 1996-2000. I could really do with getting the whole lot back, but others have advised me to go for 2000-2006 first and then (once successfull) ask for the earlier stuff.

 

Watching with interest

[stephie]

That was my situation before, but i've just had a 5k claim settled so now i'm going for this! I don't really see how they can wriggle out of it:)