how far back can you claim

Twinkly

You can claim back charges beyond six years from any bank but the problem may be in obtaining proof of the charges. The banks may claim they do not hold your details for longer than 6 years. You claim under the Limitations Act and to explain a little:

Section 5 of the Statute Of Limitations Act states that the action (claim) must be brought within 6 years of the cause of action (charge). This is what they would rely on in court.

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.

This thread contains a lot of information on the subject you may find useful:
Reclaiming Beyond 6 Years

Good luck

eddie_rex

I can certainly prove the charges as i have every statement since jan 1998.

RBS have already offered a refund of the last six years which i accepted (£750 + £82 interest= £832), however between 1998 - 2000 i was charged £1890! THIS IS EXTORTIONATE!!!

I have written to the Finiancial Ombudsman if i could make a further complaint and i am awaiting their response.

Kefi2927

Hi,

On the site it says "You can claim back for six years in England and Wales, and five years in Scotland, both from the account you have now, and any others, including those that you’ve closed down. ".

When does this six years start from. Today or from when I closed my account which is about four years ago? Can anyone let me know as this would make a difference to how much I would be claiming back?

Do I ask the bank for statements of six years from when I closed the account approx three years ago? Or for three years from when I closed the account?

Thanks

abelec

can any one tell me if i is possible to try and reclaim bank charges for 1998/1999 as mine are over £8000

HennyPenny

Hi Kefi2927
Start off with getting ALL statements.
Calculate charges + interest
Claim the ALL regardless of time. People have and still are successfully reclaiming charges dating back more than 6 years!

Although it is a little trickier.

You may consider that since some of the charges were levied more than six years ago, part my claim may be time barred under the Limitation Act 1980, and you might want to rely on this to dismiss my claim. However, please be advised that should we not reach an agreement over repayment, I will proceed with the claim under either:

s.32 (1)(b) of the Limitation Act 1980 on the grounds that I could not reasonably have discovered the your deliberate concealment of the facts relevant to my right of action before the report of the OFT was published in April 2006, or alternatively,

s.32 (1)(c) of the Limitation Act 1980 on the grounds that the payments were conceded on the mistaken belief that the said charges and interest thereon did not amount to penalties and that I could not reasonably have discovered the said mistakes before the OFT report was published

.
(RUC)

Have a read of this it will help
http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html?highlight=limitation+act

Kefi2927

Hi HennyPenny

Thanks for replying to my query. I shall certainly have a look @ the link you gave me and take it from there.

Thanks once again.

Take care

Kefi2927

abelec

If i have all bank statements for 1998/1999 is it possible to try and reclaim the charges as they total £9600