Bank Charges - illegal?

cheddar

Okay I am going to claim my charges back with Natwest but have a few q's and have looked and asked on bankaction but can't get an answer.

1. I have had this account for about 15years but my OH joined it about 3 years ago, making it a joint account. Do we both have to claim or can I do this on my own?

2. My account has been upgraded a few times but has always kept the same account number. Do I have to make separate claims for the different types of accounts? Or just one?

3. If I ask for details of my charges for the past 6 years using the DPA request will it be the same as asking for 6 years worth of bank statements? I only ask as the DPA would cost £10 but the statements would cost £5.

Thanks in advance!

bookworm1363

joannemc3 wrote:

hi , i sent a letter to the hsbc dated 21st jan stating that i wanted copys of my statements over the last 6 years etc , now i know they recieved the letter as i rang them to confirm that they recieved it but still havent heard anything from them !!!!!!!!!!!!!!!!!!!!!! what should i do next ?????????? and how long do they get to reply?????//

Was it a DPA (Data Protection Act) request? If yes, they have 40 days to comply, and can charge you a maximum of £10. If not, they're probably going to ignore you, then when you chase it up properly, they'll try to hit you for £5 a statement, or something that stupid. So, if it wasn't a DPA request, start again, send one, and start counting again.

xxx
ML

bookworm1363

cheddar wrote:

Okay I am going to claim my charges back with Natwest but have a few q's and have looked and asked on bankaction but can't get an answer.

Hi, Cheddar.

Just to say I have just looked on the bankactiongroup site and your questions don't appear there. There are 4 posts by you, all responses to other posters. When did you post?

xxx
ML

dchurch24

alunp wrote:

hi dchurch

we've gone through that site and got some standard letters. but you seemed to be saying that a 5k claim is nto a good idea. or am i misunderstanding?

al

Yes - if you claim in the county courts for an amount greater than 5k then it might not be heard in the "small claims court" and you would be eligible for the second parties legal costs should you lose.

However, if you were to go to court (and I am not advocating that route), you could ask the judge to allow your case to be heard through the small claim track due to the simplicity of the case.

It might just work.

...or, if it were me - I might consider breaking the claim down to 1 claim for failed DD's, one for failed SO's, one for breach of OD limit, etc...

carlih1

Just had my reply from capital one i quote

"Thank you for taking the time to write to us about the fees we've added to your account. I understand you're unhappy and i'm sorry for any upset we've caused but i'd like to explain why we've added them.

In your credit agreement which you signed before we opened your account in june 02, you agreed to pay our fees. To explain, we add an overlimit fee of £20, if your account goes over your agreed credit limit. And a late payment fee of £20 if your payment is late.

I understand you believe these fees are unfair, and the office of fair trading are investigating this. However, our fees are in line with the fees that other banks and financial institutions charge. We will of course, continue to work with the office of faier trading and answer any questions they have while they complete their investigations.

Looking at your account we didn't recieve monthly payments so we automatically added fees to your account each month.

(then goes on to say that my account is now defaulted because it is over the limit, (because of the fees))

You've mentioned we've charged you late payment and overlimit fees in the last six years. I can see you opened your account in june 2002, so it's been open for three years and eight months. You've asked me to refund all the fees we've added. I'm afraid i'm unable to do that because we've added them correctly. However, as gesture of goodwill i've refunded one late payment fee and one overlimit fee.

blah blah blah

I would like to write a response to this, but don't really know where to start. Any help would be appreciated, they have done the usual, you agreed to terms and coniditions, really sorry but these are fair ect ect....

Any suggestions or anyone got further with cap one???

Carli

Pere_Ubu

Abbey are refusing/ignoring letters requesting info re charges. I know I can inform the Commissioner which I iwll do but in the mean time charges are "falling" outside the 6 year rule due to Abbey dragging their feet. Can I issue a claim in the small claims court for 5k and state that this is an estimate due to the non-communication from Abbey. I have written to Abbey stating that if they continue to refuse to answer my letter requesting info then this is what I will do.

circuit

dchurch24 wrote:

It's up for me (and currently 28 other users)???

We've just changed host - try clearing your browser cache - maybe that;s it.

the co.uk domain was down because of the server move, but thanks anyway.

dixie_dean_2

i HAVE JUST ACCEPTED FULL SETTLEMENT from Lloyds including the addition of 8 percent interest! It's only £160 and of course they are claiming to have done absolutlely nothing wrong but I'm so happy to have beat the barstewards! Absolutley massive thanks to DCChurch.

My advice to anyone, from my experience with Lloyds is the following...

1) Don't mess about writing lots of letters or trying to settle it over the phone. Write one letter and if you do not have YOUR money back within 7 days start proceedings through the online money claim.

2) Lloyds just settled very easily once the proceedings had been started. Although mine was a relatively small amount they did not quibble about some charges that were just over 6 years ago and also my ad hoc and very generous guestimate of the interest owed. Therefore my advice, unless anyone has a reason why not to do this, is to put all charges on there, irrespective of when they date back to and to bung a random and high figure on as interest (if you're too lazy to calculate correctly, although I now hear some kind soul has done a spreadsheet that makes that very easy, so maybe better to do it by the book)

Good luck (though you don't need it) and even more thanks to all the people who have helped.

Bob

mjanet

OK now I am puzzled ...I emailed the bank with the standard letter template ( data disclosure etc ) and added that I understand the charge will be £10 and this will be debited from my account .This is the reply ..............

Thank you for the e-mail.
I acknowledge your request for copies of statements of your account since 6 March 2000. Under the circumstances, your e-mail has been passed on to the Manager of the Complaints Unit within Service Recovery and I have asked that he responds to you at the earliest opportunity.

Regards
X X X X
Why would it be passed to complaints lol I only asked for information ? and does anyone know what 'complaints unit within service recovery ' is all about ?

maka_2

Afternoon all
i am just about to send my 1st letters to cap one and lloydstsb just wanting to know if there are any success stories re these 2??