how far back can you claim

playfire1

Twinkly wrote: »

It is worth reclaiming charges over the usual 6 year process and requires a little knowledge of the Statute Of Limitations Act.

Section 5 of the Statue Of Limitations Act states that the action (claim) must be brought within 6 years of the cause of action (charge). This is what the banks would rely on in court as part of their defence along with the usual guff.

You can defend this statement using this section of the same act (c) which states:
Section 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.


Its a bit strong to accuse the bank of fraud and probably better to imply they made a 'mistake'. There have been successful cases and there is a thread here you may find useful if you wish to pursue this course of action:
http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

This thread deals with how far back your can get your details from the various banks:
http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html

Good luck

Thanks thats brill. Im going for it

clakkers_2

Twinkly quote

Many thanks for your info, will look into it!

Regards

Clakkers

boboblue

I am disapointed to hear that I can't claim for anything over 5 years in Scotland. Is there any other way I can do this for 1992-96?

Edinburghlass_2

You would need to find out if the above posts about the Statute of Limitations also applies in Scotland, I have no idea.

DarrenP_2

I have just sent off my first letter to Barclays asking for my money back for unfair default charges. However, I have just noticed that the first five fees on my schedule are dated more than six years ago.

Should I send an amended request immediately, or continue on and alter my request should it reach the court stage?

Stephen_Leak

Personally, I'd leave it for them to spot. You don't admit mistakes to the enemy. If you just get the usual standard letter saying the charges were in the T&Cs so they are OK, it would prove my suspicion that they don't even bother reading the letters now.

You seem well aware that your chances of actually getting anything before the court claim stage are as slim as a size zero model.

Obviously, check and double check (then check again, just to make sure) that you get it right then. BTW, at that stage the 6 years will be from the date you issue your court claim.

Edinburghlass_2

DarrenP wrote: »

I have just sent off my first letter to Barclays asking for my money back for unfair default charges. However, I have just noticed that the first five fees on my schedule are dated more than six years ago.

Should I send an amended request immediately, or continue on and alter my request should it reach the court stage?

The bank will check your claim and discount any charges they consider you aren't entitled to so don't worry about it but do make sure your court claim is accurate.

Kurt_Hamster

If they do disallow them you could always use the concealment/Limitation Act gambit to get them back into play!

DarrenP_2

Thanks for your help everyone. Will give it 14 days and send the second letter.

glendo90

Capital One have just paid me off for a claim dating back to Feb 1999 (£591 incl. interest at 8%)

Followed Martin's tips to the letter and they paid out after the usual put-off tactics. No mention or defence was ever made by them regarding a six year cut off.

Has anyone else had a similar pay-off?

What's the furthest back anyone has managed to go?