Claiming beyond 6 yrs - important new information!!!

[HALIBUNNY]

Good luck Garforth. Just a question because I'm a layman. What do you mean when you are asking for a "statement of truth". Sorry if I'm being thick just pretty new to all this stuff and I'll need to be going down this route shortly.

 

Best

 

Halibunny

[Egeit]

I think this is still going to be a problem in Scotland, depending on the amount involved.

 

Unfortunately, our limits are so low as tpo preclude "going it alone" in a lot of cases. Basically, if your claim takes you into the realm of Ordinary Cause, you'll need a solicitor. And try finding one that will back you up for periods beyond 5 years.

 

So, the first stop before court might be the FOS. But again, how likely is it that the FOS will agree to back your claim beyond 5 years? Well, I suppose I should find that out soon, as my complaint to the fOS went in about 2 weeks ago. As I also claimed for contractual interest, it will be interesting to se what they come up with.

 

Unofficially, from RBS customer relations, I'm about to receive an offer on one account (although I was told that over 2 weeks ago, hence escalating it to the FOS). But that offer will be less by a couple of hundred pounds that even my charges going back only 5 years. Chancers.

 

I'm not going to write the FOS route off JUST yet. But I have a feeling that we're getting a very raw deal in Scotland.

 

I totally agree Seahorse.

[Egeit]

Can you keep me updated on this one 7givenchy I have a friend who is a solicitor and is willing to take it on, so let me know how you get on, many thanks.[/quote

 

For your info Seahorse, i'll let you know how it goes but it seems that you are further along the trail than i am at present.

 

Has anyone from Scotland gone past the 5 years and claimed the charges back as yet?

[Garforth]

Thanks Halibunny

 

I myself am also a layman but check out the following link to the civil procedure rules: PART 22 - STATEMENTS OF TRUTH

 

Cheers

[Garforth]

Halibunny,

 

Essentially in Court proceedings, Statements of Case (such as witness statements) must contain a Statement of Truth. The bank must sign this Statement of Truth and it is imperative that the bank ensures that the facts that it has given you and/or the documents it has provided to you are correct and true. If this is not the case, the bank risks being in contempt of Court and potentially faces imprisonment!

 

Nice one don't you think!

[Garforth]

Got the statement of truth stuff through google.

 

A good summary of the civil court procedure (and also where I got the statement of truth quote) can be found at the following link.

 

IMPACT®: IP disputes: IMPACT guide to the essentials

[HALIBUNNY]

Thanks V much Garforth. Will watch with interest. All the best

 

HBUN

[debt_mountain]

I think this is still going to be a problem in Scotland, depending on the amount involved.

 

Unfortunately, our limits are so low as tpo preclude "going it alone" in a lot of cases. Basically, if your claim takes you into the realm of Ordinary Cause, you'll need a solicitor. And try finding one that will back you up for periods beyond 5 years.

 

So, the first stop before court might be the FOS. But again, how likely is it that the FOS will agree to back your claim beyond 5 years? Well, I suppose I should find that out soon, as my complaint to the fOS went in about 2 weeks ago. As I also claimed for contractual interest, it will be interesting to se what they come up with.

 

Unofficially, from RBS customer relations, I'm about to receive an offer on one account (although I was told that over 2 weeks ago, hence escalating it to the FOS). But that offer will be less by a couple of hundred pounds that even my charges going back only 5 years. Chancers.

 

I'm not going to write the FOS route off JUST yet. But I have a feeling that we're getting a very raw deal in Scotland.

How you doin' Seahorse. Can you not make a claim against an English address for an RBOS branch or some sort of customer relations dept with an english address. This is what I did with HBOS & Clydesdale and it is goiing through as normal.

 

Just an idea.

[Garforth]

All,

 

My thread is now on the Natwest forum.

http://www.consumeractiongroup.co.uk/forum/natwest-bank/83455-garforth-gnatwest-22264-s32.html#post747325

 

I have posted the final s32 letter there and will send it later today - if any legal mods can give it the once over I'd appreciate it.

[pitters]

We will be amending templates and so forth in the coming days

 

I have just been repaid by Nationwide for the last six years charges. I have older statements and am ready to go back further.

 

I am wondering whether my next prelim and LBA letters should be different from the first. Should I wait and use the new templates if they are soon to be amended?

[lickthewallfatboy]

I sent a SAR to Bank of Ireland in Belfast requesting my data pre 2000 when the account was closed.They just sent me a letter with my cheque enclosed stating the 6 years Satatute of Limitations clause.

 

This is going to get interesting very quickly!!

[jeccle]

Hi there everyone.

Is there a template letter re claiming back further than the 6 years after having won my case for the last 6 years already (if you see what I mean ??).

thanks

[Glenn UK]

I see people are waiting for new templates for pre six year claims, has anyone mod or site helper that is, said there will be any?

 

FWIW I don't see there is any reason not to use the existing prelim and LBAs from the site for any claim irrespective of its age, unless of course its for something other than reclaiming bank charges.

 

It is of course a matter for each individual whether they feel the need to add or alter bits of the templates but all i can say is i can seen no reason to alter them just because a charge or charges are over 6 years old.

 

I would go further and say I would not even raise that matter with them other than by the inclusion of the info in the schedule of charges.

 

It is their problem and up to them to raise the issue of the age of the charges, its a DEFENCE, not a critical part of the prelim and LBA.

 

When you issue your claim at court however, you should include some reference either to the relevant Sections of the Limitations Act you wish to rely on or alternatively statement along the lines of:

 

'The claimant paid the charges under the mistaken belief that the Defendant was entitled to levy the charges' &

 

'The defendant has concealed and continues to conceal both the nature of the unlawful charges and the claimants right of action to recover those unlawful charges'

 

HTH

 

Glenn

[landersd]

Hi guys, am new cag so be gentle.

I am about to start a buisnes claim going back to 96, i have all my statements.

Is it better to do just 1 claim or to split it, 1 for the last 6yrs and a seperate 1 for all previous.

Also with it being a buisness claim is there a seperate template letter, and because it was a partnership who signs the letter.

 

Digger

[beetlejuice]

Interesting thought Glenn, I can follow that giving them an argument straight away is a little futile, it may or may not cut out a letter or two in the interim, but I guess if one sticks to the time table it should be ok.

 

I think I'll send standard Prelim off and see what happens, it won't preclude me including the argument later when it gets to court. You can follow at Bettlejuice vs Abbey

 

 

Thanks

 

BJ

 

[beetlejuice]

landers,

 

See template letters and claiming on business we should work together.

 

BJ

[Barry Kushner]

does anyone know anything about claiming mortgage arrangement fees?

 

Ta

 

Barry

[kennyh]

Hi Glenn,

It is their problem and up to them to raise the issue of the age of the charges, its a DEFENCE, not a critical part of the prelim and LBA.

 

I can see this but if the banks are refusing to part with info in the first place, using the '6 year' rule as a basis for their action, then what form of words would you suggest to get them to supply.

[TANZARELLI]

I see people are waiting for new templates for pre six year claims, has anyone mod or site helper that is, said there will be any?

 

Bankfodder in post #1 I beleive Glenn.

 

We will be amending templates and so forth in the coming days

 

Tanz

[elsinore]

Hi Glenn,

 

I can see this but if the banks are refusing to part with info in the first place, using the '6 year' rule as a basis for their action, then what form of words would you suggest to get them to supply.

 

A properly worded Subject Access Request should make no mention of date or periods. It is asking the lender for ALL the information they have on you, irrespective of when it was acquired or recorded by them. You have a legal right to press for this information until it is forthcoming. The rest is just flim-flam on the lender’s part.

 

Els

[Glenn UK]

Hi Glenn,

 

I can see this but if the banks are refusing to part with info in the first place, using the '6 year' rule as a basis for their action, then what form of words would you suggest to get them to supply.

 

The standard words are sufficent as you ask for the data for the whole account history, if they refuse to supply it simply on the basis of age then you send them the follow up letters as set out in the template library.

 

The DPA is quite clear on what you are entitled to and in truth i havent acutally seen any arguments put up by banks saying you cant have data due to limitations act. i have seen them make this assumption though.

 

If they do then take them to court

 

Glenn

[Glenn UK]

Bankfodder in post #1 I beleive Glenn.

 

 

 

Tanz

 

 

There's always one smart arse in the class

 

Thanks Tanz, no offence mate.

[standingupformyself]

I paste a quote below from an email I received today from Abbey. I am thinking::::::: If they can tell me when the account closed, and the state of the account, then surely they still have details? Can anyone helo me word a reply, or is there a suitable template?

 

Your second request relates to an account that was closed with an outstanding balance in 1999. As Abbey have no legitimate reason to retain the transactional data for more than 6 years, we can confirm that this has been destroyed in line with our retention policy.

[Guest bong]

oooh! BF said Abbey keep records going back to the 1920s!!!

[Perseus]

hi standingup

 

If they are declaring that the account had an oustanding balance when closed, and that the account was closed in 1999 - they will almost definitely have details there.

Was there ever any legal/default discussions on this account?

Is this in response to a SAR?

 

If so, I would repeat the request, confirming the microfiche data is a relevant filing system, and if the data has been destroyed, you want the method of destruction, by whom, when, and if they are not willing to supply due to s5 of the 1980 limitations act, counter it with a s32 statement that they have concealed that their charges are disproportionate to their actual costs, and therefore the 6 year statute is not relevant.

You could also support this by submitting a cca request.

As part of the SAR, you could ask for ALL information held, on any form of media, along with transcripts of any telephone calls made or received regarding you, any disclosures to or from 3rd parties in relation to any business regarding you, any legal action past or present, and if there was an outstanding amount in 1999, surely they must have information to support how and why it was outstanding?

I'm sure others on here would add to the above re wording?!

 

Pers