how far back can you claim

riccardo_2

why is there a 6 year rule or can claims go further back?

skippy64

Just a quick question, I've got statements for my business ( & some personal ones ) going back over 14 years, can I go through these with a fine toothcomb and claim back charges for all those years or am I only restricted to the last 6 years ? TIA Skippy

Kurt_Hamster

skippy64 wrote: »

Just a quick question, I've got statements for my business ( & some personal ones ) going back over 14 years, can I go through these with a fine toothcomb and claim back charges for all those years or am I only restricted to the last 6 years ? TIA Skippy

Technically you can go back to 1995 ( the year the consumer act came into force).

Just to be on the safe side write to your bank asking that they give you a costing run-down of how much it costs them to facilitate a penalty payment. Additionally ask them if the charge was as a result of an automatic computer function or as a manual intervention by a member of staff.

If they refuse to give you these details (which of course they will) it means they are concealing evidence/facts and as such they have not fulfilled the criteria that they need for the Limitation Act to give them protection.

skippy64

Thanks Kurt_Hamster, do you know if there is a template letter for that request anywhere. I've already asked them for the last six years, the account was closed in 2003 and I have received them from them going back to 2001 but I do have the account statements dating back prior to when we opened the account in 1996. To be honest I sent the initial letter asking for statements purely so that they would have to do some work for the £10 DPA request fee !! Looking forward to getting some serious charges back.

playfire1

has anyone successfully claimed charges over 6 years. I found old statements from an old account back to 1999 and 2000. there are 1100 worth of charges amounting to 660 in interest. worth a go? please advice

,hills

About myself, I do not work or claim benefits, just look after the kids now and have been Discharged from Bankruptcy since 2005.

I have successfully claimed back personnal Bank charges but have read that you can now claim back further than 6 years of charges.

Well, finally I went in to the loft to look for my old Company Bank Statements.

Without going into any great detail, I guess between 1999 to 2001 I (we, I was in a Partnership) were charged over £3,000 in Cheque Returned Fee's and Unpaid Cheque Fee's (that's without the 8% interest before going to Court).

Still abit unsure about if best letting sleeping dogs lie etc.

Have contacted my long and distant Business Patner (who went the IVA way) and they are happy for me to pursue matters.

I do not feel worried about the Official Receiver, as I do not think it's any of their business, but am more worried about going through the process and it being a waste of time.

My main queries are :

Will the Banks pay out back to 1999 ?

If they do pay out, how do I get payment to me and not the Company which dosn't exist anymore and at my home address and not the previous business address?


Thanks

clakkers_2

Allo

We too would be intrested to hear about any claims going beyond 6 years...

Googling brings up some info on the subject, and indeed one such successful case. However, it's quite a read and you certainly need to know your legal stuff it would seem?

Any more successful claims we may not have heard about?

(we do have some statements from Aug 98)...

Any info appreciated...

madjj111

im in the middle of claiming for first trust northern ireland - no success yet

Twinkly

playfire1 wrote: »

has anyone successfully claimed charges over 6 years. I found old statements from an old account back to 1999 and 2000. there are 1100 worth of charges amounting to 660 in interest. worth a go? please advice

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

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