Reclaimed Bank Charges SUCCESS stories

esmerellda

part 2 you want to have a read of s.32 of the Limitations Act....

part 1 - bit irrelevant for allocation q's

part 3 - they shold have been sent to nortampton court after yu submitted your claim. if you didnt send them with the AQ to be added to your claim file, and send a copy to the bank.

Steve_T_2

esmerellda wrote: »

part 2 you want to have a read of s.32 of the Limitations Act....

Thanks - where do I find this?

esmerellda

google ?

lol I'll see if I can find a linkie for you

esmerellda

http://www.swarb.co.uk/acts/1980LimitationAct.shtml

there we are

checlk out ection 5 too as they sometimes quote this in defences, just to give you a nudge its possible, someone on CAG has won 13 years worth of charges just prior to a court date.....so determination and patience you will suceed.

Twinkly

esmerellda wrote: »

http://www.swarb.co.uk/acts/1980LimitationAct.shtml

there we are

checlk out ection 5 too as they sometimes quote this in defences, just to give you a nudge its possible, someone on CAG has won 13 years worth of charges just prior to a court date.....so determination and patience you will suceed.

There's that section 32 thing again. I've questioned this on the previous page of this thread but no reply so I turn instead to you esmerellda



Quoted from the link you provided:

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
(c) 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. ....

My question is how far back you can claim when quoting this section in court ?

(a) is pretty straightforward but (c) reads to me that the period of limitation, which is 6 years, begins from the moment the claimaint started the claim when asking for details (in effect discovered fraud etc).

I would assume it works for those in Steve_T's position in allowing an extra month or so based on the date of his original request that the bank delayed reply to but I cannot see how this can be applied to claims for x amount of years back. Surely the claim would have to have started x amount of years ago for it to apply ?

How is the date of discovery determined ?

Is it that the date of discovery is determined by the date of the first charge on the first bank statement to show such a charge ? Is it if you can prove by way of bank statements going back further than 6 years that the charges existed then and should be paid back from then ?

I'd really appreciate clarification

esmerellda

The period starts from when you issue the court claim.

I believe you can claim back up to 15 years using s.32 but thats just from reading about.


Section 5 - is what the banks tend to rely on in defence - Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. The act also defines 'action' as meaning court proceedings. Practice Direction 5.1 (CPR Part 7) also defines the bringing of the action as the date the claim form is issued.

So to counter that you have to prove delibarate concealment of mistake in that the charges were unlawful. Using s.32.

The probelm comes, and why I say dont accept any partial offers after a court claim ahs started, is if you go into court with solely pre 6 years charges. Then the unlawfulness of the chares is not an issue to the court only the concealment. Hence if the charges have not been deemed unlawful, theres pretty much no case to answer. A couple of pre 6 year claims have been struck out on that basis.

The reasonable diligence in discovery bit - I think its accepted that the discovery could have been made with reasonable diligence about the time of the April 2006 OFT report.

Wholly

I worte to Lloyds asking for £1400 back, had to write the 2nd one as I didnt get a response. I just checked my balance and have been refunded 750. I dont know if I can ask for the rest back now. And if I do, and they dont like it, can they take the original 750 back?
(hope this is in the right place!)

esmerellda

Lloyds tend to do this anyway. Write to lloyds and say thanks but no thanks, I am continuing with my claim as outlined n my last letter through the courts unless you pay the rest back by such and such a date....then amend your scehdule of charges to show a credit at the end on the date of the £750 credit.

ShazzaUk

Good morning, a question regarding claiming back bank charges.

My husband has an account with Hsbc which has a £1500 overdraft limit. Each month he gets charged about £11 Debit Interest charges for banking services.

Does anybody know whether these are normal charges or should we be claiming them back?

Any advice appreciated.

Thanks

esmerellda

£11 a month debit interest on a £1500 overdraft sounds about right. If that overdraft is made up of unlawful charges then work out what proportion is, then yes you can claim that back. If its not, then no you can't.