Claim in with bank - acknowledged but now falling out of six year statute.

MissUse

Hi,
I wondered if someone could help. I got my claim in about a week before the stay was granted for the banks whilst the big test case was being heard. I got confirmation from the bank that they acknowledged my claim (£1300 + interest) but that they were granted the stay and would be dealing with claims when the court decided on a result.

The problem is that alot of my claim is now falling beyond six years and more by the minute! Can anyone advise if it a) doesn't matter as the claim is in already b) needs to be officially in with a small claims court, or c) something else I haven't thought of.

I have an odd situation in that the bank "forced" me to take on loans to bail out my struggling account (I can prove with paperwork with their workings on) and do not want to let them get away with this. Should I press the whole thing through the courts or the ombudsman now or continue waiting?

Tozer

Claim leads to be lodged at court to stop the limitation period in respect of the charges claimed for.

MissUse

Thanks Tozer. Do I just need to apply through the court, or is it advisable to write to Natwest before I do so?

MissUse

Sorry for the bump but wanted to get this sorted over the weekend.

Orford

Charges will only be protected from becoming statute barred once you have filed a claim at court. You can of course add any charges incurred since last year.

As long as you have sent Natwest the LBA, then there is no need to give them further notice before filing.

Tozer

To be honest, in a small claims action, you don't even need a letter before action. Generally when limitation issues arise, you issue a protective claim in order to stop the clock.

Orford is right.