Bank Charges - illegal?

mx-3

The Halifax have failed to send my past 6 years statements. Its well over 40 days.
Can I take them to Court without knowing how much to claim, or should I report them & then wait..................

NEgirl

hope its ok just to jump in here - im really nervous about it all and think it might be better if i feel as though im 'out there' with others

I sent the initial letter a while ago and got the standard 'we will get back to you' letter - which they didnt. So i sent the form giving them 40 days to refund back the £875 they have charged me over the last 2 years (ive only had my hsbc account 2 years). I sent it over 2 weeks ago now and still have had no word to confirm they have received or anything so now i just wait......... I have another £100 + interest in charges to go through my account tomorrow which is going to knock me overdrawn again so we start the whole process again with being charged next month - its a bloody vicious circle!

Shani1983

I wrote to egg few days ago to request a refund of a charge which they levied for a cancelled direct debit. There response is as below. Can anyone kindly advise me is it worth pursuing them any further.

" I can see that the £20 charge was applied as the payment made on 7th Sep 2005 failed due to insufficient funds.

In the terms and conditions of your agreement Egg can charge you a one-off amount of £20 if your payment fails in this manner. This is covered under the Consumer Credit Act which all finance companies have to operate under.

The following link to the Egg website clearly identifies under section 3 of your terms and conditions:

new.egg.com/visitor/0,,3_77088--View_1597,00.html

I can't refund the payment amount of £20 and backdate any interest on the Egg Loan account"

If anyone can advise how best to respond to this I will be much obliged.

Tabs_2

mx-3 wrote:

The Halifax have failed to send my past 6 years statements. Its well over 40 days.
Can I take them to Court without knowing how much to claim, or should I report them & then wait..................

Hello,

I am experiencing the same problems with the Yorkshire Bank.

I filed a claim online but put the maximum claim amount in of £4,999 including any interest and the refund of court costs. I know the charges are nowhere near this amount but I can't do it any other way! By keeping the claim amount under the £5k mark means that you would not be liable for legal fees of the Bank should you not win your case.

You should also report them to the Information Commissioner as they have failed to act within their guidelines.

Tabs_2

NEgirl wrote:

hope its ok just to jump in here - im really nervous about it all and think it might be better if i feel as though im 'out there' with others

I sent the initial letter a while ago and got the standard 'we will get back to you' letter - which they didnt. So i sent the form giving them 40 days to refund back the £875 they have charged me over the last 2 years (ive only had my hsbc account 2 years). I sent it over 2 weeks ago now and still have had no word to confirm they have received or anything so now i just wait.........

Hi there,

Don't be nervous ... jump right in!! :beer:

The 40 day letter/form you refer to is known as a Data Subject Access Request and this format is used to request copies of information that the company holds about you. In my case, this was so I could ask for a sum of all charges applied to my bank account as I had destroyed all past bank statements.

As you appear to know your claim amount then I would say you didn't need to send a 40 day letter - I think you could have sent one saying "pay up in 14 days or else..." kind of letter!! However, as you have specified a timescale in the letter then, yes, you will have to wait until that expires before taking it further.

If you haven't heard back from them by the end of the 40 days then you will need to file a claim via the Small Claims Court. But don't worry, we're all here to advise and support you :j

Tabs_2

Shani1983 wrote:

I wrote to egg few days ago to request a refund of a charge which they levied for a cancelled direct debit. There response is as below. Can anyone kindly advise me is it worth pursuing them any further.

" I can see that the £20 charge was applied as the payment made on 7th Sep 2005 failed due to insufficient funds.

In the terms and conditions of your agreement Egg can charge you a one-off amount of £20 if your payment fails in this manner. This is covered under the Consumer Credit Act which all finance companies have to operate under.

The following link to the Egg website clearly identifies under section 3 of your terms and conditions:

new.egg.com/visitor/0,,3_77088--View_1597,00.html

I can't refund the payment amount of £20 and backdate any interest on the Egg Loan account"

If anyone can advise how best to respond to this I will be much obliged.

Hello,

I would write back to them stating that, if they don't refund the money within the next 14 days, you will be filing a claim with the Small Claims Court.

You will have to pay to file this claim but Egg would have to refund this to you once you win They will also have to pay 8% in interest on the £20. It's not worth their time to defend the claim so I'm sure they will pay up within the 14 days.

Good luck :beer:

NEgirl

Tabs wrote:

Hi there,

Don't be nervous ... jump right in!! :beer:

The 40 day letter/form you refer to is known as a Data Subject Access Request and this format is used to request copies of information that the company holds about you. In my case, this was so I could ask for a sum of all charges applied to my bank account as I had destroyed all past bank statements.

As you appear to know your claim amount then I would say you didn't need to send a 40 day letter - I think you could have sent one saying "pay up in 14 days or else..." kind of letter!! However, as you have specified a timescale in the letter then, yes, you will have to wait until that expires before taking it further.

If you haven't heard back from them by the end of the 40 days then you will need to file a claim via the Small Claims Court. But don't worry, we're all here to advise and support you :j

my mistake LOL i just checked back as i saved the letters on desktop and it says 14 days on the bottom (the 40 day one was one i was going to send for the info i needed but i found all my statements so didnt need to send it after all!) Right so their 14 days are up at the end of this week (assuming thats working days and not consecutive otherwise their time is up) - do i just go file a claim then or do i need to do anything else beforehand? Ive read all the info but its just so daunting the prospect of going to court i want to make sure ive done everything right :eek:

CharleneUK

Sorry, posted on other thread, but just wanted to share the good news.

This morning, I receive a letter from Barclays, stating that THEY cleared my account and that I DID NOT pay the £29.52 charge before the account was closed and enclose some computerised nonsense backing this up!!

Now

1. I KNOW I paid it, I remember sending a cheque along with a letter saying I want my account closed

2. If it really was unpaid it would have shown on my credit report right? (maybe not, but whatever)

3. They would have written to me several times in attempt to get the money back!

Well anyway, I check online thank god my statements go back to 2003 and there it is, the cheque cashed AND tracked back my letter that I wrote, saying I'd enclosed a cheque and to cancel my account.

So, I call the lady who wrote to me, and told her that I paid and have proof, and straight away "o.k then, I'll get the £29.52 refunded to you" and that was it!!! They KNEW they were lying! Blooming cheek! and to think, they said they'd give me the 0.48p back as a gesture of goodwill!!

Now my mum and friends believe they can get this money back, can't wait to see what happens!

Tabs_2

NEgirl wrote:

my mistake LOL i just checked back as i saved the letters on desktop and it says 14 days on the bottom (the 40 day one was one i was going to send for the info i needed but i found all my statements so didnt need to send it after all!) Right so their 14 days are up at the end of this week (assuming thats working days and not consecutive otherwise their time is up) - do i just go file a claim then or do i need to do anything else beforehand? Ive read all the info but its just so daunting the prospect of going to court i want to make sure ive done everything right :eek:

Ah OK, that's good then!

I would say "14 days" would be taken to mean 14 calendar days and not working days. Did the letter state that you would file a claim with the Small Claims Court if they didn't refund the money by the end of this week? if so, then go ahead with it this weekend :j If you've given them notice of your intent to go to Court but they don't reply, then there is nothing else you can do except file a claim.

I find the prospect of going to Court daunting too, but remember it's not like a Court that you would see on TV ... it's just a room where you sit around a table - which makes me feel a bit better about it :rotfl:

mspig

I'm hoping someone might be able to help.

My sister has received a letter from HSBC saying that on the 2nd April they are going to take out £100 for bank charges.
She only receives benefits, is on her own with her children and can't afford this money to be taken out.

She has rang the bank but they are saying the charges are legal and there is nothing she can do about it, i told her to use the "First right of appropriation" which means she is entitled to the money as the only income is benefits a method i used a while ago and got the right results but they are not budging.

Is there anything she can do as she needs this money.

Not sure what the charges are for as the letter just states bank charges.