6 Year Timeline

HEADACHE

Hi im going to be issuing court proceedings against one of the big banks but my charges go back from 2007 to 1996 which is over the 6 year threshold.

I dont want my claim to be thrown out in court so shall I make one claim for the old charges citing the Stature of Limitations Act 1980 and one claim for the younger "less than 6 years" charges on the standard template?

Or shall I lump them into one claim?

Any help would be very very much appreciated. :T

lisaf

Hi all,
I'm just in the process of claiming some bank charges back for a friend for the past 6 years (approx 6k's worth)!
He also has the 6 years before that to claim and has all his statements for that period - is this possible? It also amounts to about 6k also and would be a shame if he couldn't claim.
Many thanks in advance
Lisa x

Beate

It is generally possible but not a lot of people do it as it requires a bit more work and knowledge of legal acts, but I am not the best to advise - wait for Twinkly to come along.

Twinkly

Crikey sorry I've been poorly and offline for a little while so I've only just logged in and got the pm about it, thanks Beate

Lisaf - On the offchance you havent got the answer elsewhere then here goes. Yes it is possible to reclaim beyond 6 years and the main sticking point for people is having proof of all the charges so far back. Since you have all the statements then this isnt going to be a problem.

You reclaim in the usual manner, following either the banks complaints procedure and taking it to the Ombudsman or via the court route laid out in the main article and template letters on this site. The only difference is that to support your reclaiming beyond 6 years, if the extended time period is questioned, you need to use the Statute of Limitations Act in support of your claim.

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 the bank 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.


Its a bit strong to accuse the bank of fraud and probably better to imply they made a 'mistake'

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

Good luck

3princes

Hi Twinkly,good to see you back online :T

AC2007

I am in desperate need of advice regarding claims going back more than 6 years under the Limitation Act.
I have made an application to Clydesdale Bank for a refund of charges dating from February 2001 – February 2007 on Business & Personal Accounts that I held with them. The personal account is still open but the business account was closed in November 2003. The amount claimed including statutory interest is £16,222 and I wrote to them on July 12<SUP>th</SUP> requesting payment and received a reply stating that they would have to investigate it further on 17<SUP>th</SUP> July. Since then the OFT-v-Banks test case was announced and I haven’t heard anything since.
I have now read that I can actually claim further back than 6 years because of s32 of the Limitation act if I have proof of charges going further back than 6 years.

Here is the crux of the matter; I have held the following accounts;
<O:p</O:p
Bank of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:country-region w:st=[/IMG]Scotland</ST1:p</st1:country-region> Business Account 1982-1986
Clydesdale Bank Business Account 1986-1994
Bank of <st1:country-region w:st="on">Scotland B</st1:country-region>usiness & Personal Account 1994-1999
Clydesdale Bank Business Account 1999-2003
Clydesdale Bank Personal Account 1999-present.
<O:p</O:p
Now I have proof of charges through bank statements and accounts going back for most of that time and if I was allowed to make a claim for all charges this would possibly amount to over £100,000 including interest.
<O:p</O:p
What should my next step be, can I make claims to both banks dating back to 1982 for all charges & interest or do I just file a claim in the local court for the £16,000 and await the outcome of the test case?
<O:p</O:p
Many thanks in advance for all your expert opinions.
<O:p</O:p
AC

Edinburghlass_2

You'll find a link above for CAG regarding these claims.