how far back can you claim

marcldavies

Can i claim for business account bank charges further back than 6 years?
I was charged regularly during the early 90's

saver_sam

I've seen paperwork for a recent case where the Bank relied on section 5 of the Limitation Act. It said in its defence that (and with non-admission and no prejudice) that charges debited on the date or dates more than six years prior to the claim they are barred by the operation of the Limitation Act 1980.

Also asked in their defence which section(s) of the Unfair Contract Terms Act 1977 and the regulations of the Unfair Contract Terms in Consumer Regulations 1999 the claimant was relying on for their claim.

Anyway this case was settled just days before the Allocation hearing and paid back 6 years exactly from the claim date, so if any more fees had been charged in the meantime then I guess the proceedure would need to be started again.

JF20

I gather that you can get statements from your bank for past 6 years only - is this the restriction on how far back you can claim charges. I have statements with First Direct going back 12 years. If I was to claim for last 6 years my charges would be £691.00 plus interest of £259.00 but over last 8 years this would increase to well over £2K plus interest.

Also if 6 years back is maximum then would I jeopordise my chances of receiving back these charges if I was to try for longer period of 8 years?

Don't want to be greedy but perhaps I could claim for 8 years and accept payment of 6 years as bargaining tool?

Can anyone help?

mrsorganised

thanks for the info.

smileypigface

MrsO2B&skint wrote:

Hi Guys,

My partner and his ex incurred a lot of bank charges on their old account over the last 6 years.

My partner is looking to try and claim this back. Is 6 years too far back?

Also, can he claim on charges from their joint account if his Ex is not involved??

Thanks!

:beer:

I had this situation with an old Abbey account - although I could provide the account number (why do daft things like stick in your head!!) the Abbey would only provide the account details with the written authority of the other account holder.

Luckily I am on good terms with my ex and he wrote a letter authorising me to represent him in regard to this specific matter.

I'll go halves with him on anything I get back from that account - he'll probably spend it on the kids anyway!!!!:D

esmerellda

Just a quickie to say if you are claiming charges pre-6 years using the SoLA please DO NOT accept any offers or the within 6 year charges...especially full ones for that part of the claim including costs and interest - it would mean you are going to court just to argue the SoLA - and its bloody hard to argue concealement if the charges havent been deemed unlawful....the claim needs to go into court as a whole...pre and post 6 years.

lobster123

sorry if this has been asked before.........

thanks in advance

GREENY_2

hiya
no i'm pretty sure you cant

Beate

It has been done by one brave woman who went back 10 years and won. You have to have the statements yourself though as the banks are not required to provide you with more than 6 years' worth.

maka_2

But can it be done more than 6yrs because i asked for statments from halifax from when the account was opened and they have sent me them since 1997.
and from1997 to 2000 i have £3000 of charges but from 2001 onwards i only have £15.