Bristol & West bank

[BankFodder]

You are right to say that you are not interested in their internal procedure. Did they do this without your consent?

 

When did you send the DPA request?

 

To sue for £10,000 will put you in serious jeopardy of costs.

Much better to find a way of severing the claim into manageable bits.

 

How much are the charges on their own?

[shifty50dog]

Hi,

 

Thanks for your reply.

 

I did not ask them to go through there internal procedure. However there internal procedure says that they should respond within 14 days and they have'nt.

 

I sent the DPA request on the 16th February.

 

Can I put in 2 seperate court claims? 1 for loading charges over 10 years and 1 for the redemption charge.

 

In case they don't comply with my DPA request could you give me names and address of who to complain to.

 

Please advise.

 

Peter

[Seminole]

Why do you think that the redemption charge is recoverable? I'm looking at this myself at the moment for an old mortgage and I'm coming to the view that this may be difficult to argue.

[BankFodder]

What do the two claims come to separately?

 

Check the site of the Information Commisioner which is linked in the library. Complain there.

[gothicf0rm]

why do you keep saying the statute of limitations is six years when it is 12 years for property (including mortgages).

[gothicf0rm]

here's one example - note 12 years for mortgage, 6 for phone bill. just google on it, there's sooooooo many references its not true.

 

http://groups.google.co.uk/group/uk.legal/browse_frm/thread/94aebbd7f6539e00/e4c6d6711e6603cb?lnk=st&q=%22statute+of+limitations%22+uk&rnum=4&hl=en#e4c6d6711e6603cb

[gothicf0rm]

also check out the The Limitation Act 1980

 

In briefest outline the basic time limits specified by Limitation Act 1980 (currently under review) are as follows:-

 

* arrears of rent - 6 years (Limitation Act 1980 s.19)

 

* contract (normal) - 6 years (Limitation Act 1980 s.5)

 

* contracts (specialty - eg if under seal) - 12 years (Limitation Act 1980 s.8)

 

* contribution towards a judgment or arbitration award - 2 years (Limitation Act 1980 s.10)

 

* defamation - 1 year (Limitation Act 1980 s.4A)

 

* enforcement of judgments - 6 years (Limitation Act 1980 s.24)

 

* personal injury and death - 3 years (Limitation Act 1980 s.11)

 

* recovery of land - 12 years (Limitation Act 1980 ss.15 and 17)

 

* tort (other than personal injury or death) - 6 years (Limitation Act 1980 s.2, but the Latent Damage Act 1986 provides extension up to a maximum of 15 years if the claimant had no means of knowing that an act or omission might have given rise to the injury in respect of which the claim is made).

[gothicf0rm]

LATENT DAMAGE

 

There is a separate regime in the Limitation Act 1980, as amended by the Latent Damage Act 1986, for latent damage in cases of negligence leading to property or financial loss (for personal injury see ss11-14, above).

 

Section 14A(4)(a) begins by preserving the basic rule that the period of limitation starts with the accrual of the cause of action and runs for six years.

 

Section 14A(4)(b) then sets up an exception in the case of latent defects, in respect of which there is a three-year period from the 'earliest date on which the plaintiff or any person in whom the cause of action was vested before him had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring the action'.

 

'Knowledge' is defined in more or less the same way as it is for personal-injury cases (above).

 

Section 14B then provides for a 'long-stop' according to which the claimant will necessarily be time-barred once fifteen years have elapsed from the defendant's breach of duty.

 

In addition, s3 of the latent Damage Act 1986 provides that in the case of successive owners of property with a latent defect which has not yet been discovered, a fresh cause of action accrues each time a new purchaser acquires an interest. Hence the new purchaser will be able to take advantage of the discoverability period of three years.

 

Finally, the 1986 Act provides that the provisions of ss14A and 14B of the 1980 Act and s3 of the 1986 Act do not affect causes of action accruing before the 1986 Act came into force (18 September 1986).

[gothicf0rm]

LEGAL DISABILITY, FRAUD OR CONCEALMENT

 

 

 

The court can extend the normal limitation rules in a case where the claimant was under a disability of some kind at the point when the cause of action accrued (ss 28 and 28A). For the purposes of this Act a person shall be treated as under a disability while he is an infant, or of unsound mound (s38(3)).

 

The court can also postpone the limitation period in cases of fraud, concealment or mistake (s32). The period of limitation shall not begin to run until the claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. However, this does not apply to property purchased for valuable consideration by an innocent third party (s32(3)), the Consumer Protection Act 1987 long-stop period (s32(4A) and s11A(3), and the Fatal Accidents Act 1976 (s32(4A) and s12(1)).

[gothicf0rm]

Consumer Protection Act 1987 long-stop period

 

"the use of the Consumer Protection Act is time restraints. The basic limitation period for claims under the Act is 3 years from the time of injuries sustained or from the point when the defendant could reasonably have known of the claim. "

[shifty50dog]

Hi thanks for the info my brains are not the greatest.

Anyhow Bristol@West have posted a reply from there joint partners Allied Irish International there complaints manager .She has stated that they will not accept my dpa request through email so ive posted it today.

Also she sent me the final statement dated 1999 to 2000 it shows one late charge payment only and credits and debits and interest adjustments.Very clever on her part to hide the important years with the big hits on.

She also sent me the redemption invoice with my morgage arrears on.

Should i just give this up its ruined my life the hatred towards them just

continues

Thanks peter

[shifty50dog]

Hi every one.

Just received another letter from Complaints case manager in her own words this is her reply.

I can appreciate that you are dissatisfied with our final responce,

however i can confirm that you have not raised any new issues within your correspondence.At this stage of your complaint and due to your continued dissatisfaction with our final position, i would respectfully advise that you now refer your case to the Financial Obudsman Office, wich will be at no additional cost to you

 

yours sincerely

 

complaints case manager.

 

Ive spoken to her on the phone today i did write to her in a bad way thoe i did say i was sorry because i lost focus she is only an employee .

Told her i had written to there dpa controller she said he would reply shortly but it would cost me ten pounds for that information.She said she understood the way that i feel , i said she had no idea at all what her bank did to me when i was out of work and then i got cancer they still kicked me when i was down. Anyway enough sobbing can you guys assure me that loading charges and late fee charges are illegal before i issue court procedings after they send me dpa information.

 

Thanks Peter

[Bookworm]

They're not illegal, they're unlawful:

 

unlawful:

1 : not lawful : not authorized or justified by law

2 : acting contrary to or in defiance of the law

 

illegal:

1 : Prohibited by law.

2 : Prohibited by official rules

 

They'd looove you to go to the Ombudsman, cos he won't get involved in something like this.

 

Stick to your guns.

[shifty50dog]

Hi

Thanks for the support will do .

 

thanks peter

[BankFodder]

To confirm, disproportionate penalties are unlawful.

However, you will have to decide whether this is what you have suffered. Also, if you end up in court, you will have to prove your case on the balance of probabilities.

 

Not a lot of help, really but we do what we can.

[shifty50dog]

Hi.

Thanks for the support bookworm and you bankfodder.

I will see what the charges amount to then take them to court i will start with small amounts i.e five grand and see if they challenge me do you think thats the best way to go with this.

 

Thanks Peter

[BankFodder]

may as well. Go for about 4,500

[shifty50dog]

Hi Bankfodder.

 

Remember i mentioned that the complaints manager said they would not accept my dpa by email can they do this or is it delaying tactics.

I have sent a dpa in wtiting now but do i set the agenda and the rules not them would you let me know .

 

Thanks Peter.

[BankFodder]

When you get your statements etc, then just calculate what they owe. The send the prelim letter - 14 days

then the LBA 14 days

The you know what comes next.

 

Don't waiver from your deadlines. Whatever they say or ask or promise.

 

Shifty50dog, you have been around here long enough now to know all of this or have you really not bothered to read anything at all on the forum?

[shifty50dog]

Hi.

 

Thanks Bankfodder i understand.

 

Thanks peter.

[shifty50dog]

Hi,

 

My wife has been Ill for some time so have been unable to get back to you on this matter.

 

I have now have the information I requested under THE DATA PROTECTION ACT.

 

I have reported the Bristol & West to the ICO because most of the documents were unreadable.

 

I have just found a letter regarding loading charges on my account of a 1% increase on my mortgage rate per month penalty charge for being in arrears. However I cant read the date so I will have to contact the ICO for further guidance on the letter.

 

The Bristol & West have asked me to send a copy of all court papers and correspondence to there senior solicitor because I threatened court action.

 

Are these loading charges legal? If not how do I calculate the costs for my claim.

 

Thanks for your help,

 

Peter

[alanfromderby]

Is the loading charge added separately, or is it included in the monthly interest figure?

 

In the end I had to take out a court action to force compliance with my DSAR. Unfortunately, B&W seem to want to play these silly legal games, but in the end that may be the only way they will provide the documents.

 

As you claim is almost all over six years you will have to ensure that you gen up on the Limitation Act. My claim against B&W is relying on section 32, and I am certain that I can get the limitation overturned on "concealment" - although I have the backstop of "mistake" available if needed.

[shifty50dog]

They increased my Interest rate by 1% because I was in arrears. I think the loading charge is included in the monthly interest rate because i cant see it seperatly.

 

I have 2 documents from my data search 1 confirms there increasing my interest rate by 1% because im in arrears and the 2nd dated 21/09/1991 concerns my request for them to reduce it back to normal but they refused.

 

I have also just found out that any information held on microfiche falls outside the data protection act. Margaret Manwaring from the ICO met with the Bristol and West and agreed to this. She also states that im the only person that is complaining about the Bristol & West.

 

So I Threatend Court Action and had a reply from the Senior Solicitor to send him evidence.

[alanfromderby]

I would check with the IC that they have carried out a full investigation into the system, or whether they have just made an interim judgement without having seen the system - see Seminole's thread regarding Abbey's DPA non-compliance.

 

If all else fails you can issue an estimated claim, and then ask the judge for disclosure of the relevant documents in order for you to be able to properly quantify your claim. I can supply an affidavit to confirm that I have been sent records going back to April 1996, so you can argue that they are being obstructive by not supplying the information - whether they do it by a DSAR, or not.

 

Having said that, David Higgs did send my transactional information, albeit after I had issued a court claim for compliance. The main thing with B&W is to keep up the pressure. If they think that they can delay things, they will.

[shifty50dog]

Hi Alan.

 

Ive spoken to the ico about the michrofiche data.Her answer is no she has not checked there system but informed there data office ie the bw that any information on that system that can be read should be sent to me this is contary to what he told me.She also told mr Mcleod that any information held in all the departments should be disclosed to me.Not just the information held in is office he told me that i would have to contact the morgage arrears dept myself when its is duty to collate all information.When i reply to D.Higgs i intend to inform him that i can prove Mr Mcleod has been obstructive and so has the morgage dept.

Regarding my claime has you say ive got no real figures to go on would it be better to calculate say 1 per cent off all monies payed to them over the 9 years plus the the final charge on the arrears when i redeemed yhe morgage in 2000.i borrowed 36000 was 2500 in arrears and had to pay them i think about 41000 to get rid of them . do i charge interest on this . regards peter