6 Year Timeline

4ever_hopeful

i have been reading everyones success stories and ae very happy for them. i hve a huge dilemma and am in two minds on whether i should pursue it. I was in debt approx 24k in 2000. i entered an IVA in NOV 2000 which collapsed in 4 months after losing my job. my IVA people took the £1200 I Paid as their fees. None of my creditors got a penny. i arranged to pay all creditors individually and have now 6 of 9 ceditors paid off with 5k outstanding in total. Can i claim back my £1000s in bank charges from 1999 onwards till the time of my IVA or is there no point since they are all over 6 years ago. Please need advice. i could really do with the money. i believe i can be debt free if i can claim back all my charges....grateful to all for reading my dilemma

katscash

:rolleyes: i there i have just started my claims over 6yrs with halifax and coop there is lots of info on this on www.consumeractiongroup.co.uk hope yours goes well:D

4ever_hopeful

thanks for letting me know abbout your clam. can you shed any more light on your situation because everywhere i am looking i keep reading there is little to no hope in recovering costs from accounts over six years old

Edinburghlass_2

Have a read of the previous posts and the link above. As said to the OP of this thread though, he has the information/statements to hand which you'll find would be a big problem if you have to get this info from your bank.

katscash

4ever_hopeful wrote: »

thanks for letting me know abbout your clam. can you shed any more light on your situation because everywhere i am looking i keep reading there is little to no hope in recovering costs from accounts over six years old

hi 4 ever-hopefull i have just sent sar to both halifax and coop banks,so i have just started the process really :cool: but on cag there is lots of info on the limitations act section 32.there is a few people on there who have won these cases.i know its going to be hard getting statements but i want my money back even though ts over 6yrs, there still penalty charges.sent my sar begining of the week keep everyone informed.good luck with yours.:p by the way which bank is it?:D

4ever_hopeful

its more like many banks. i had RBS Barclaycard mc and Visa, MBNA, American Express, Peoples Bank, Capital One are the ones i would like to get my charges back from but since i am not very clued up on this i need all the help i can get. please let me know of your progress.

katscash

:rolleyes: hi recieved bank statments from coop bank today, they replied really quickly:( but didnt recieve all of them,from june 2001 onwards. have written another letter tonight stating they have 32 days futher to comply under data protection act 1998,also stating the limitations act 1980 section 32, the period of limitation shall not begin to run until the plantiff has discovered the fraud,concealment or mistake(as the case shall be) which with reasonable diligence has been discovered. if they don,t comply i will send another letter given them 7 days to do so then i will start court action for non complience:D keep you informed how i get on:money:

HEADACHE

Im putting in a substantial five figure claim to one of the big 4 banks for rclaiming bank charges.Ive got all of my original statements and some of them go back to 1996.
I was ripped off bigtime by this bank and have already sent them Letter 2 from this site and have got a reply back from them saying "refer to terms and conditions" and also had the cheek to say I should "be aware that the Limitations Act 1980 places a 6 year time limit on claims of this nature".

This seems like a fob off letter.

I really want to proceed into court with this and I need to know a little more information which will overule the Limitations Act 1980 as I have read success stories from people reclaiming old bank charges on here.

Many many thanks in advance:T

AlexisV

The Limitation Act 1980

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:

Unsecured debt

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

Remember, creditors are still able to pursue an unsecured debt if:

They have previously obtained a judgement against you (a CCJ);
You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)
You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.
If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970

Seems to me that you have been in contact with the debtor though since they've been your bank, so the 6 year limit may not apply. It's also at the court's discretion.
I'd go ahead with Moneyclaim personally.

dori2o

Have a read of the limitations act 1980.

You need to be referring to and relying on section 32 of the act.

This deals with the fact that the banks have knowingly concealed the fact that these charges are unlawful, therefore rendering their defence of the pre 6 year charges based on the limitations act void. However, there is still the little job of getting the judge to accept this.

This is the caselaw you should be loking at.

http://www.uniset.ca/lloydata/css/1996AC102.html