Claim back any unfair bank charges! Article Discussion Area

dchurch24

bookworm1363 wrote:

That's assuming that you will in fact end up sitting in front of a magistrate. The spate of cases worth more than 5k and therefore potentially subject to fast-track, yet, the banks settle anyway, suggests that it is not likely to happen...

You would never end up in front of a Magistrate (not for bank charges in any case) - as the Magistrates court is part of the Crown Court - for criminal activity.

You *could* end up in front of a district judge though - although, very unlikely as BW said.

Bill_Lumbergh

ok, I forgot you get a real judge for small claims

thx guys, looks like i'm good to go when I've set up some parachute accounts. will let you know how its going...

Jonni2bad

Princessa wrote:

...Any tips on what I should do from here? Thanks!

Yes - wait for the 14 days to expire from letter one, and then send in the Letter Before Action, giving another 14 days to settle out of court.

melpomene

If you specify an amount, the best they can do is challenge it - so why not work out what you think is a fair share and if it is wrong, they should be able to tell you WHY it is wrong!!!

Fabulous! What I'll do is work out the % that the charges represent of the total amount I owed in 2003 (before I started paying them back £40 per month & closed my account)...then claim that % of the total interest to date. It won't be exact but I'm going for it!

Cheers maestro!

Jonni2bad

debbie_b_23 wrote:

...I've worked out the full amount now, nearly £500. Do I need to write to the bank again and ask for the specific amount or just wait until next Tuesday when the 14 days is up and fill the MoneyClaim?...

Start by sending a prelim letter from the https://www.ConsumerActionGroup.co.uk and stating the amount you are claiming.

If they do not respond by offering the full amount, wait for 14 days from the date of receipt and send the Letter Before Action (LBA) which gives another 14 days to settle.

You need to show a court that you have given ample opportunity to settle, and this is generally regarded at 28 days (hence 2 letters each with 14 days).

Don't rush into action - it could could you dearly....

paulineastbourne

Hi everyone,

I'm waiting for a court date for my RBS claim. They have put in a defence. It's a bit sad, for your info this is their defence:

1. We are applying to strike the claim because:

2. You haven't told us which account you mean (Sent it originally)

3. You haven't told us what charges (Sent it originally)

4. You haven't told us (a). The date debited (b). Amount (c). Charge description. (Sent list with all specifics originally)

5. You will have to prove. (a). Clause pursuant to which the charges applied
(b). That the charges were applied due to a breach of contract (c). The breach of contract the charge related to. Until you do this we deny we've applied any unenforceable penalty clauses. (a.It's in terms and conditions for bank, b. Breach of contract by me not them, c. Terms and conditions again)

6. You haven't told us what's unenforceable re UCTA77 and SGSA. Prove the charges are unfair. Prove they're disproportionately high, besides the Regulations don't apply to these services. (I just re iterated the acts, the bank chose to ignore the OFT decision in their defence so I reiterated it again max £12 etc).

7. Please send more information (basically what you've already sent )

8. We reserve the right to change our plea.

9. We deny everthing.
So there we are



If anyone has any further suggestions or wants more specifics let me know.

There was something you guys mentioned about an angle on "other services" re their defence. I'm not good at navigating thios site yet. Whats the jist please???

cheers

Psychokatz

Hi.... Am in the process of reclaimining. Have gone through Moneyclaim online and as a result Captial One are offering the full claim amount - without the interest fees, not sure what to do! They have until 7th August to respond to the court....

In addition am also looking at pursuing a claim against the Bank of Scotland. However they are in.. yes, you guessed it.. Scotland and as a result I can't use Moneyclaim. Are there any other options open to me?

Jonni2bad

Pauline - whilst they say you will have to prove a to z you will, in fact, only have to show a judge that, on the balance of probability, you are right and they are wrong.

Most banks now seem to automatically state that they have not received a list of charges in their defence. Even though you have previously sent in a spreadsheet, send 2 more copies to the court (clearly marked with claim reference number) with a short covering letter explaining their use.

If they are brave enough to argue their position in front of a judge, then you can take notice of their responses....

Psychokatz - I'm sure they also have an address in England that you can use.

melpomene

Does the schedule of charges have to be in the form of a particular spreadsheet? I was going to just send a simple table.
Mel

Jonni2bad

A simple table is fine.....

Name of charge (if shown) / Date / Amount

Grand total