6 year limit

[BankFodder]

I think in the first instance i will tot up the charges and send them the initial letter. I wont make an issue of the 6 year limit until they do,

 

yes, I think that this is the correct approach. Please keep me informed. It would be very significant if this claim went through.

[Mgizmogpc]

Regarding this business of defaults, what exactly is meant by that term?

 

If it refers to a bank having imposed these penalty charges and reflecting them on a Person's Credit File, does this part of the limitation act allow you to go back further than the six years if you are not scared to give it a go and see this run to the full blown defended action in a Court of Law? Or is a Default a seperate issue from the Penalty Charges we are arguing for the return of at the moment?

Dealing with the default is very difficult. however, as the charges are a good proportion of the debt, maybe you stand a chance. We'll see.

 

For the moment, your problem is that you have a default which was entered nearly 6 years ago. This then must refer to charges which are applied over a period of time some of them more than 6 years old. Under the normal limitation rules, the claims are time-barred once they are older than 6 years.

 

However - Limitation Act 1980

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

  [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

  [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

I don't know if I need to explain the effect of this to you. The bank would certainly get excited about it as they would realise that this would open up claims for charges going back to the dinosaurs.

 

It all depends whether you are up for it - and of course whether it would work.

 

Fobbing you off with merely "we think the charges are fair and reasonable blah blah " if in fact they are not amounts in my view to deliberate concealment.

Once again it is experimental. it could take you into some serious litigation.

What I can say is that with the McNamara sound-file we have in the library, Lloyd's are the easiest target in this whole business. I hope that their lawyers read this.

 

You have to decide what you want to do. Do youhave all the details going back that far?

I do have bank details for lloyds going back 12 years and would very much like to hear more info on this matter. Sorry to be a dumb sod over the niceties and definitions but I want to see if it fits my circumstances and would be very interested to give things a go if they do. Not just for Lloyds but also Barclays as well ( and a few other financial institutions I have had dealings with if the various sub sections quoted apply...

[BankFodder]

A default is where the bank registers that you have not kept to a credit agreement with them - regulated by the CCA 1974.

 

Often that refers to an overdraft. however, if that overdraft is comprised of penalty charges and there are an invalid debt, it has to follow that to register this with the CRA is incorrect and actually defamatory as it damages your reputation in regards of a debt which doesn't exist.

I'm not sure what yo mean by the rest of the question but could we run this in a separate thread if it is going to develop

[Azazal23]

Can you tell me what the CRA is, also can anyone confirm for definate that the DEFAULT is or can be removed after 6 years regardless of weather its settled or not

[Guest Alison82]

As I understand it defaults remain on the file for 6 years from the date they are settled, not the date they are put on your file.

 

No, defaults start from the day they were registered on your file, even if you only pay it off on the 5th yr 364th day it will still be removed on the last day.

 

Settled or not it will still be removed on the last day (6th year) but it will be very difficult to obtain credit whlist it is still outstanding

[Azazal23]

Just been in touch with equifax, they have confirmed it should be removed when 6 years has elapsed. How can it affect your credit once removed

[Guest Alison82]

It doesn't, once the 6 years are up there is no record of it on your file

[Azazal23]

Cool 28 days and counting then, but im goin after TSB fro putting it on there in the first place as the majority of it are charges

[Azazal23]

Upon getting a copy of my credit ref I have noticed TSb have registered a defualt and a CCJ or the same debt can they do this?

[Seminole]

Yes a default is a formal record noting that you have failed to comply with the terms of an agreement. The CCJ is a means by which the creditor tries to force you to pay any amounts due under the agreement. They are two completely separate things and both do enormous damage to your credit report.

[Azazal23]

HI

 

Sent of my DPA request to the address at the top of the page on the 3/3/06. Been in contact with TSB customer services serveral time they ackowledge they have received it and is being dealt with. What do i do next ?

[Azazal23]

Sifting through my statements and one thing is apparent - when i am being charges for O/Draft usage Fee ( i didnt have one) there different amounts each month

£39

£9

£36

£45

£24

£6

 

and so on, are they allowed to do this, i thought it was supposed to be a transparent set fee.

[Azazal23]

bugger me there are £50 & £60 charges on here for going £2.77 overdrawn

[Azazal23]

Calculated the Chrages they are as follows

 

Total Paid Charges

 

OVERDRAFT USAGE FEE £39.00 09/02/1998

OVERDRAFT USAGE FEE £9.00 09/03/1998

OVERDRAFT USAGE FEE £36.00 09/04/1998

OVERDRAFT USAGE FEE £36.00 08/05/1998

OVERDRAFT USAGE FEE £45.00 09/06/1998

OVERDRAFT USAGE FEE £24.00 09/07/1998

OVERDRAFT USAGE FEE £39.00 07/08/1998

OVERDRAFT USAGE FEE £6.00 09/09/1998

OVERDRAFT USAGE FEE £32.00 09/10/1998

OVERDRAFT USAGE FEE £30.00 09/11/1998

OVERDRAFT USAGE FEE £15.00 09/03/1999

OVERDRAFT USAGE FEE £50.00 09/04/1999

 

£361.00 Interest at 8% £223.78

Total = £584.78

 

This represents total charges that i actually paid before the charges and my account got out of control.

 

First thing you will notice that it does not fall within the specifc 6 year limit.

This is the first obsticle.

 

Any comments anyone

[Azazal23]

These are the charges i did not pay, eventually my account was defaulted.

 

In Respect of: Amount Date Incurred Interest

 

OVERDRAFT USAGE FEE £50.00 07/05/1999

OVERDRAFT USAGE FEE £60.00 09/06/1999 £0.60

OVERDRAFT USAGE FEE £55.00 09/07/1999 £4.34

UNPAID DD £27.50 09/07/1999

OVERDRAFT USAGE FEE £5.00 09/08/1999 £20.16

UNPAID DD £27.50 09/08/1999

OVERDRAFT USAGE FEE £5.00 09/09/1999 £51.46

OVERDRAFT USAGE FEE £5.00 08/10/1999 £72.22

UNPAID DD £82.50 08/10/1999

OVERDRAFT USAGE FEE £5.00 09/11/1999 £69.17

UNPAID DD £82.50 09/11/1999

UNPAID DD £82.50 09/12/1999 £77.60

OVERDRAFT USAGE FEE £5.00 09/12/1999

OVERDRAFT USAGE FEE £5.00 07/01/2000 £74.94

UNPAID DD £27.50 07/01/2000

UNPAID DD £27.50 09/02/2000 £75.71

OVERDRAFT USAGE FEE £5.00 09/02/2000

UNPAID DD £27.50 09/03/2000 £88.54

UNPAID DD £27.50 07/04/2000 £79.85

OVERDRAFT USAGE FEE £5.00 07/04/2000

18/04/2000 TRANS TO CDR £4,541.41

18/04/2000 Closing Balance

 

 

£617.50 £614.59

£1,232.09

 

 

As i get further and further overdrawn, the bank seems to lower the charge or unauth overdraft to just £5 becuase they are making so much on the interest.

 

Given the 6 year limit how do you think i should proceed,

 

Step 1 just try and apply for the charges i have actually paid to be refunded. and see what they say.

 

Step 2 . They defulted me 19/4/2000 - do they have to give you notice they are goin to default youre account? Anyway have have been in touch with Equifax and had the entry removed. There is also a CCJ 15/09/2000 £4,739 - which expires in Sept.

 

Any advice would be appreciated

[Azazal23]

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