Claiming beyond 6 yrs - important new information!!!

[livelylad]

Is this is Zoot?

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

[Bona]

What is your view of the Barrister that is asking a Judger in the near future if he can claim damages against Nat west they have offered to refund all his charges but he wants to make them state how much it costs it was on the radio a couple of days ago

[TANZARELLI]

The one relating to concealment occuring after the cause of action is Sheldon v RHM Outhwaite (Underwriting Agencies) Ltd [1996] AC 102.

 

Thanks Zootscoot

 

I'n not sure if it is available on the web.

 

Is this is Zoot?

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

 

That looks like it is from reading the first couple of paragraphs, thanks livelylad.

 

Most useful

 

Tanz

[livelylad]

No problem

[PriorityOne]

Has anyone received any pre-6 year statements from Alliance & Leicester through a SAR ?

[emmaf01]

I got statements from 1994 from the Halifax- I had to hassle them a bit- but the person at Customer Relations told me they have a seperate computer system (which he could acces then and there so no difficulty) which holds the records of closed/older accounts.

 

I don't know how far back the system goes- but it must be pre-1994.

[celtichedgewitch]

I've got most of my statements back to the 70's - this could get interesting

[Ollie-Bollie]

We successfully claimed (through this brilliant site) unlawful charges back from NatWest going back the 6 years. Does anyone know how we can begin a claim against the old Access Credit Card? They took shed loads off us but we paid them off in approx 1995 and never had a credit card since.

[Ollie-Bollie]

Forgot to say that the only statement we kept was the one with a nil balance! But then probably shredded it after a couple of years.

[TANZARELLI]

Forgot to say that the only statement we kept was the one with a nil balance! But then probably shredded it after a couple of years.

 

I did that with my Barclaycard when that was paid off, shredded the others foolishly, and kept the nil balance one. lol

 

 

Had to send SAR to Barclaycard for copies.

 

Which bank was the access credit card with?

 

Tanz

[patrisha11]

Would anyone know how long the royal bank of scotland and halifax keep our account records for? If this all works out then like a previous member to this thread my life would change considerably. They have taken that much money from me in the past whilst bringing up a family.

I

 

I applied for ten years worth of statements from Halifax, and received them.

 

Trisha

[TANZARELLI]

 

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

 

Has this been brewing for a bit then, this new stance on statute of limitation taken be CAG staff??

[noomill060]

Most excellent news!

 

I know I got charged £5 a pop quite a frw times by Sharkleycard back in the mid/late 80s.

 

19/12/85 £5 = £333.40

19/12/85 £5 = £333.40

17/02/86 £5 = £322.42

17/02/86 £5 = £322.42

 

Soon adds up at 19.9% compounded, doesnt it?

[noomill060]

Tanz- I think Access was with Lloyds

[HONESTKNOB]

This is fascinating guys. Has anyone managed to get old statements off Lloyds? Or TSB as it was then? I would be talking tens of thousands if I can pull this off!!

[tumble]

Any advice appreciated.

 

Got a court date for this week 13/4 . Cobbetts have applied for a strike out as part of my claim was pre six years. I am preparing to attend . I rang Cobbetts to ask if they intended to attend and they have stated that they are. Is it usual to receive one date for a strike out then another date for hearing. I have two dates you see. part of the claim has already been paid out. Its Natwest and the amount they are contesting is quite small in relation to what has already been paid out. I just cant see them attending.

 

Tumble

[laura_d]

Most excellent news!

 

I know I got charged £5 a pop quite a frw times by Sharkleycard back in the mid/late 80s.

 

 

19/12/85 £5 = £333.40

19/12/85 £5 = £333.40

17/02/86 £5 = £322.42

17/02/86 £5 = £322.42

 

Soon adds up at 19.9% compounded, doesnt it?

 

WOW - that DOES add up!! Can you just imagine all those Chairmen at the upcoming shareholder meetings, brilliant!!

[Perseus]

Ok, thats brilliant news - but would you have to apply through the courts for the limitations act under s32 be squashed before you proceed with enforcing a request (if in non-compliance) for pre-6 year info?

 

Scenario

Sar - receive upto 6 years of info

 

Send letter stating that through concealment, under s32 statute of limitations is nullified, re-apply for pre-6 years info

 

Request denied

 

LBA etc

 

Request denied

 

Court action under s32, wait for a hearing?

 

etc etc

 

Is there something that would force their hand without having a 4 month wait just to get the pre-limit info?

 

Sorryto be pessimistic(?) just anticipate a digging in of heels....

 

Great news potentially tho.

 

Perseus

[TANZARELLI]

Barclays were happy to give me 12 years of statements but other banks inc Credit Cards are a bit tougher nuts to crack however when the momentum of these claims start to pick up I think it will be easier for us to force the hand with non-compliance LBA's and poss a court order, once a few of those have gone though with a few complaints to the relevant regulatory bodies they will realise they cant hide behind that arguement, same as the microfiche bullsh@T.

 

Tanz

[Guest Battleaxe]

I have already commenced my claim against A & L going back further than six years. I have gone down the FOS route first as A & L stated they didn't have the records. Sadly for them I found some old statements and letters I had written to the then CEO complaining about the 'Ned kelly like' these are words I used in the letter of complaint back then actions of the bank, this was back in 1998. I am also claiming back the interest with CI on the consolidation loan less the charges I have been repaid. If it wasn't for the unlawful charges I would not have need the loan.

[paulwlton]

To summarize

Sheldon -v- Outhwaite [1995] 2 WLR 570

Claimants can rely for the purposes of Section 32(1) (b) upon deliberate concealment of matters relevant to their cause of action which occurred after the accrual of the cause of action:

Lord Browne-Wilkinson said:-

“... if the Defendant ... deliberately takes a step to conceal the relevant facts (a step which is by ordinary standards morally unconscionable if not necessarily legally fraudulent) it does not seem to me absurd that a plaintiff who has been prevented by the dishonourable conduct of the Defendant from learning of the facts on the basis of which to found his action should be afforded the six year period from the date of discovery of such concealment to bring his action”.

[Guest bong]

just for info I have started a new thread for users to post how far back their banks have provided statements http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html#post715506

[Beardedlaydee]

Is there a way of finding out old account numbers for our closed accounts? We have a couple of old accounts that had charges on them over six years ago but they are now closed an we have no information on them now.

[Perseus]

Hi Bearded

 

I would telephone your old banks customer service dept, ask them to verify that you had an account with them, (you may have to answer some security questions), and just ask them to confirm account number/sort code / when the account opened / when the account closed.

They should give you that info over the phone.

 

All the best

 

Perseus

[JulesTools]

just for info I have started a new thread for users to post how far back their banks have provided statements http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html#post715506

 

 

Good thinking bong , posting on there now

 

Jules