Do you have charges going back more than 6 years?

[planetparker]

I agree - excellent clarification of the 6 year rule. I only starting looking into this a week ago, and I have to say I have learnt more useful information in the last week than I have for a long time! Thanks everybody.

 

Janet

[Robertxc]

I think it's the element of 'deceit' which allows you to go beyond 6 years. That is, if you can prove that they deliberately witheld important information from you, such as the fact that the charges carry an 11000% profit margin and they can't make you pay them.

 

With regard to what their solicitors did or did not know, I think it's difficult to tell. The exact cost to the bank of the charges is something they will certainly have worked out, but that figure will be known to only a very few people within the bank. It's perfectly possible that all the public utterances we've had from the banks spokespeople are perfectly sincere, since they themselves are probably not party to the true cost. If some senior person from on up the chain of command tells them that the costs are fair, then that's what they'll believe.

[panther12]

I sent the co-op an SAR requesting details of all transactions & charges from when the account was opened (which was around mid 1980's). They supplied the last 6 years data which totalled £900 in unlawful charges but are not forthcoming in supplying any data pre-6years. I have started a claim for the £900 and also wrote back to the Data Controller informing that they have not fully complied with my DPA request as I require all the information that they hold, not just the last 6 years.

[Seminole]

Well, Nat West sued me for a balance including a large element of charges. They used external solicitors to do this. They either assumed that the balance was lawful or they knew that it wasn't but proceeded anyway.

 

The bank clearly had a duty as my fiduciary to levy lawful charges and not to sue me for amounts that it knew were unlawful. Their solicitor was under a duty to satisfy itself that it was collecting a lawful debt.

 

The bank now has the audacity to argue that my attempt to claim these unlawful charges back is statute barred.

 

I am, to say the least, feeling a bit peeved.

[paulwlton]

25 pound for a bumped direct debit in 1996, yes sure their charges only covered acctual losses. i got statements from 96 to when i closed my account in 1998 looks like they just go back ten years at rbs, 1800 in charges. with this latest info i will test it out in court after my claims settled with barclays. would like to work interest out on these charges but the online calculater starts from 1999. any ideas.

[bram stoker]

25 pound for a bumped direct debit in 1996, yes sure their charges only covered acctual losses. i got statements from 96 to when i closed my account in 1998 looks like they just go back ten years at rbs, 1800 in charges. with this latest info i will test it out in court after my claims settled with barclays. would like to work interest out on these charges but the online calculater starts from 1999. any ideas.

You could try my spreadsheet to calculate interest. If you can't use Excel, I do have a version in Works, so PM me with your email address if you need it.

 

Vamp.

[paulwlton]

thanks vampiress, you are a star.

[minnie]

Hello all,

 

I've been lurking here for a while now and as a result have started the ball rolling claiming £2300 from Natwest since 2000 .

 

In a previous life, however, I ran a small business, had an account with RBS from approx 1989 to 1996 and was charged heavily.

 

The business failed in '96 and I became voluntarily bankrupt, lost my business, house, pension, health, everything.

 

All my accounts and bank statements were handed over to the Official Receiver at the time of bankruptcy.

 

I happen to have copies of 2 sets of accounts from '92 and '93 and charges and interest for those 2 years alone were £4184.00. On a turnover of less than £30,000 in the early years this was a huge drain on my finances and I never recovered.

 

At the time of Bankruptcy I had an overdraft of almost £5000 with the RBS and this was added to the list of creditors, i.e. not paid.

 

It is my opinion that the charges levied on my account were a major contributing factor to the failure of my business .

 

I would like to attempt to recover the charges on this account but I will study the forum and follow this thread a little more first as my situation seems to pose a few questions; should I ask the RBS or Official Receiver or both for my statements/charges? Would there be any way RBS could deduct the unpaid £5000 overdraft from any refunded charges?

 

If the answers to these questions are already on the forum somewhere maybe someone could point me in the right direction.

 

This is a fantastic site, thank you.

 

Ta, Minnie

[bram stoker]

Minnie, you need to start your own thread and people will respond to your answers there. You should check the step by step procedure in the FAQ section and start there. Ask any specific questions you have in your thread.

 

Good luck.

[joneshousehold]

Minnie, let me know when you have started your own thread on this and I will let you have some information. Send me a private message if you like. I am away for a couple of days now but I will let you have a response.

[minnie]

Hi Vamps & Jones,

 

thanks for the quick responses.

 

I only posted here because BF asked if anyone had charges older than 6 years. Thought the addition of my info might be useful.

 

I've read the FAQ extensively Vampiress and indeed, am well into a claim against Natwest for more recent charges. Thought your spreadsheet was marvelous BTW.

 

I was going to study the forum further before starting my own thread re my older claim with RBS but now joneshoushold has tempted me with some info I'll start it today!

 

Ta, Minnie

[Spiceskull]

Quick update in this thread (considering the thread title) - but more detail will be provided in my own specific thread.

 

Letter (prelim and LBA in one) just sent to the bank requesting refund of charges between 1996 and 2000. My initial intention was to go straight back to 1982, but there was a huge cost risk in this. After advice, the claim is for a more modest amout, and if it is settled then I have the option, and the personal precedent, of going back through the mists of time bit by bit...to 1982.

 

A slight change from plan was to request interest at 14.8% APR, the bank's authorised rate. The argument is the bank would have charged me at this rate, and therefore "mutuality " and "reciprocity" has been brought to bear on the claim...

 

Will keep people updated on progress, but as I have given them 14 days before I raise a claim, I expect this to move quickly...

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

[kacideans]

My b/f had bank charges with halifax in 97/98 but the acc been closed since then and I dont know his account number. The charges were for over £1k. Do you think the bank would still have his details and would they be likely to give them to him???

[bram stoker]

My b/f had bank charges with halifax in 97/98 but the acc been closed since then and I dont know his account number. The charges were for over £1k. Do you think the bank would still have his details and would they be likely to give them to him???

No and no, but you could send a DPA request anyway and see, then decide what steps to take after the 40 days or response that you get. It will probably be very difficult.

[kacideans]

ok thankyou. Worth a try I suppose. I sent ny own DPA today so fingers crossed.

[paulwlton]

i received copy statements by making polite phone call to head office, these were between 95 to 98, free of charge, i told them something has come back to haunt me from the past.

[bowkett]

certainly do, added them up and its over £1000 in the last 6 years, have used the template today, its fab thanks! Only one question, if someone out there can help, how do I know how much of the interest is due to the charges?? I am getting ready to send the first letter and I have worked out my charges but cant differntiate between the normal overdraft interest and interest charged due to the astronoical costs, HELP!! Also when it states to send a schedule of charges with my letter is that similar to the excel spreadsheet in the library, only without the 8% interest, I really want to get this right! Thanks in advance to anyone who can help

[paulwlton]

schedule of charges, the amount, date, and reason for charge, only ad interest at the moneyclaim stage. i just calculated 8% for each charge using the spread sheet and put this in my claim,

[paulwlton]

regarding the statute of limitation, if someone had an account ten years ago and bank charges kept forcing the account into overdraft which eventualy required a bank loan to clear, then just say the loan was subject to a ccj, yes it would be 10 years ago, but if the ccj was still in force, ie payments being made monthly, As part of the loan would have been made up of unlawfull charges. then is this debt still active, ccjs are statute barred. the person would be still paying his charges back whithin is ccj, even now, would this avoid the 6 year limitation.

[alanfromderby]

I am just in the process of claiming back charges from my mortgage lender going back to November 1997. Rather than negotiate, they have decided to deploy the Statute Barred argument.

 

I have today informed them that I intend to challenge this on the basis of sections 32(1)(b) or 32(1)© of the Limitation Act. Unless they come back with something very quickly I will be issuing my claim on Tuesday for just over £10,500.

[maybelline]

my estimate for 6 year is approx £3K, for the 5 years prior to that is a guestimate at this time (no reply to DPA yet) but between one and two thou probably, basically would be worth pursuing if poss. Had the account 11 years and have always paid charges, while a student and thereafter. Halifax.

[alanfromderby]

my estimate for 6 year is approx £3K, for the 5 years prior to that is a guestimate at this time (no reply to Data Protection Act yet) but between one and two thou probably, basically would be worth pursuing if poss. Had the account 11 years and have always paid charges, while a student and thereafter. Halifax.

 

We always suggest that people go for six years as the law is clear, and the banks have no grounds to argue - or at least they haven't found any yet!

 

Whilst I am sure of my ground arguing that section 32 of the Limitation Act overturns the 6-year rule, others may not feel able to do that - and this has not been tested yet in court.

 

It is possible that the banks will not fancy the risk of debating the issue in court - but be warned that they may decide that they need to prove a point.

 

It has to be your call.

[paulwlton]

i am about to test the limitation act, but if i win in court and the bank appeals would it go to a high court, and would i then have to pay the banks costs, if i lost.

[alanfromderby]

i am about to test the limitation act, but if i win in court and the bank appeals would it go to a high court, and would i then have to pay the banks costs, if i lost.

 

If you were to win in court, I would doubt the banks would relish going to the High Court where a precedent could be set!!

 

However, to answer your question - I would doubt that the High Court could award costs against you since your claim was in the Small Claims Track. The decision to seek a higher court would be the banks. I would also expect that your costs would also be covered, to ensure that the playing field was level.

[Giveitback]

I'm pushing for 6 years in Scotland where the law is 5. Mainly because in that extra year, it's more than double the amount in the following 5, and is a lot of the cause of the hole I've spent 5 years digging myself out of.

 

I'll let you know how that goes. I used to be charged £8.50 prior to that, but it was a student account.