Claim back any unfair bank charges! Article Discussion Area

shaun1977

melpomene wrote:

me again. i've started my moneyclaim. the template wording is slightly different between the 2 sites. does that matter?

should i insert 'in full' into the sentence "the claimant has repeatedly asked the bank to refund their charges" to reflect the fact that they did make a partial offer? or should i mention the offer directly?

the 'sum unlawfully debited' is the full amount including interest on the sum taken isn't it? there doesn't seem to be any opportunity to explain.

would the court see the correspondence between us? if so, would that be asked for, when & from whom?

finally, am i exempt from the £30 charge being on income support?

i'm scared of getting any aspect of this wrong!!

cheers, mel

hi, you dont need to mention their offer or change the wording, and unless it gets to court you never will. especially if it is marked without prejudice, the sum unlawfully debited is the total of charges without the court interest at 8%, and yes you are exempt on income support you need to fill in an EX160 form, but you cannot do this online. you will have to print three copies of the N1 and hand them in with the EX160 at your local court.

if you need any more help just ask. have a good read or post at www.!!!!!!.uk as well

shaun1977

Lovingitifitsabargain wrote:

3 questions in one posting :
TOOK OUT A LOAN FOR WINDOWS A FEW YEARS BACK - Think it was first National back then - anyway defaulted on a few payments and was charged 30.00 per letter - they have since changed hands and are now owned by GE Money - a long shot but am I entitled to claim money back from them for charges ?Thing is I paid the balance a couple of months ago so I owe them nothing now

ALso Credit card charges of 25.00 from Capital One and RBS am I able to claim them ?

One last thing - when can you claim up to is it round Feb this year ? what I mean is say you have been charged for a late payment in the past couple of months about 12.00 I think it is thats ok is it ?

hi you can claim all those charges back regardless f circumstance when GE MOney took over they took their debts as well.
you can claim back six years for anything over a 50 pence charge £12 is still a penalty go to www. !!!!!!.uk all your questions will be answered over there then you can still update here

shaun1977

debsalty36 wrote:

dchurch24 wrote:

Yes it does. Or indeed anywhere where you have been penalised for breach of contract.[/QUOTE

Will the system of appealing against bank charges still apply if someone owes the same bank a lot of money through personal loan and credit card arrears? -my husband just got a debt management plan with CCCS to pay off all his debts . He hasn't used HSBC current account for 4 months but the overdraft still keeps increasing - mainly via £30 a time charges for them paying standing orders to his HSBC loan and credit card accounts and then reversing same thing because he's over his overdraft limit.

Would threatening court action be possible or would it jeopardise his DMP?Can anyone with similar experience advise? Thanks.

hiyes you can claim, and it will not effect the other accounts, as for the dmp it should not effect this as the charges are unlawful, and the fact of the matter is if they did withdraw the dmp, then the account would be put in dispute immediately and they would get nothing in the meantime you could report them to the oft for retalitory action which is frowned upon. go to www.!!!!!!.uk everything you need is there

melpomene

Many thanks, & now it really is silly question time...which local court? i haven't had any dealings. crown court? magistrates?

Can i print the N1 off from the Moneyclaim? it doesn't look much (if you know what i mean)...

shaun1977

melpomene wrote:

Many thanks, & now it really is silly question time...which local court? i haven't had any dealings. crown court? magistrates?

Can i print the N1 off from the Moneyclaim? it doesn't look much (if you know what i mean)...

its the county court, they are very friendly and helpful all you do is hand it over and wait a couple of minutes while they check through it. you will need to take proof of your income support (copies)

get the n1 from here. http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

Murray

I am trying to reclaim a small amount of bank charges from 3 different accounts.

1 account is with they Nationwide and they refunded the charges after I had phoned them and complained!

2 of the accounts are with the Alliance and Leicester though and that is a different story!

After sending the 1st letter, they sent me the standard reply referring me to the T+C of my account & saying that because I had received a 'good will' refund they could do no more (I didnt ask for that by the way). I wrote to them again and have had a reply today saying that the OFT's comments referred to credit card charges and not current accounts. They also say that the charges are reasonable and competitive with charges made by other banks and therefore stand.

I get a feeling that they are telling a bit of a fib about the OFT - is my feeling right?

What should I do now? We are talking about a relatively small amount so I dont want to take them to court - I just want them to think I will!

I hope someone can help!!

Thank you in advance.

shaun1977

Murray wrote:

I am trying to reclaim a small amount of bank charges from 3 different accounts.

1 account is with they Nationwide and they refunded the charges after I had phoned them and complained!

2 of the accounts are with the Alliance and Leicester though and that is a different story!

After sending the 1st letter, they sent me the standard reply referring me to the T+C of my account & saying that because I had received a 'good will' refund they could do no more (I didnt ask for that by the way). I wrote to them again and have had a reply today saying that the OFT's comments referred to credit card charges and not current accounts. They also say that the charges are reasonable and competitive with charges made by other banks and therefore stand.

I get a feeling that they are telling a bit of a fib about the OFT - is my feeling right?

What should I do now? We are talking about a relatively small amount so I dont want to take them to court - I just want them to think I will!

I hope someone can help!!

Thank you in advance.

The OFT ruling indirectly included banks but that has nothing to do with the claim if they charged £12 like the oft suggested they would still be penalty charges and still be reclaimed. you are claiming on the basis that the charges are contrary to the Unfair Terms in Consumer Regulations 1999.

dont bluff it wont work. and if its a small amount it is only a matter of £30 unless you are exempt from fees. and a couple of stamps the letters are alreay wrote for you. court is nothing to worry about. they will back down. but only when they have to they are relying on you backing out first. so dont everything you need is at www,!!!!!!.uk

hope this helps

Turning_into_scrooge

debsalty36 wrote:

dchurch24 wrote:

Yes it does. Or indeed anywhere where you have been penalised for breach of contract.[/QUOTE

Will the system of appealing against bank charges still apply if someone owes the same bank a lot of money through personal loan and credit card arrears? -my husband just got a debt management plan with CCCS to pay off all his debts . He hasn't used HSBC current account for 4 months but the overdraft still keeps increasing - mainly via £30 a time charges for them paying standing orders to his HSBC loan and credit card accounts and then reversing same thing because he's over his overdraft limit.

Would threatening court action be possible or would it jeopardise his DMP?Can anyone with similar experience advise? Thanks.

I have just completed my claim against LLoyds and won. I have at resent a credit card debt with them on a debt management plan through CCCS. I owe them £4000.00 I did have a Lloyds bank debt with them which was all bank charges but when they paid the money into my account it wiped it off. The best bit is i phoned LLoyds collection centre to ask if my account was still frozen which it wasn't and the lady i spoke to asked me whether i wanted her to send me out a plain simple atm card of a debit/cheque guarantee card/ATM card and cheque book, obviously i said yes. Now because they agreed ot my payment plan i was given a virtual overdraft which stood at £440, my original debt reached £500, so before i received the charges back i'd paid off £60 which was actually the amount i did owe them. Anyway rambling on here but i got my full current account back plus they gave me the £440 overdraft which i really don't want. It doesn't jeopardise a DMP but i did have problems with their collection centre when i gave them 14 to pay up or litigation, they were phoning me 3 times a day every day. Soon put a stop to it i mailed a complaint to head office which they upheld and dealt with.

Go ahead and claim, you may get all your debt wiped off or at least some of it. May sound strange but its boosted my confidence no end. I received my debit card this morning, It snot for using its for framing lol

garyphimister

I hope this will help....

I am with Royal Bank of Scotland, I needed to increase my overdraft facility and asked for help via telephone. I was welecomed with open arms and told no problems as I have been with bank for 8 years and good credit rating.

Three weeks passed and a statement was posted....I was overdrawn. Cheques were written, direct debits and standing orders all bounced by the bank, not one letter saying there was a problem. I telephoned the branch and asked to speak to manager, the message was left but no response came. I telephoned again and left message....you guessed it no response.

I therefore went into a branch local to me and requested it was sorted, I was told that they would send message to my branch to contact me and should nothing happe they would esculate it. No telephone call, no letter....nothing.

You can imagine 2 weeks had passed and charges are building. I took action straight away and advised the local branch to put a stop on my account forthwith, this meant nothing would leave my account anymore. Well to date charges are still mounting and I have advised them several times by phone calls and visits not to take out anymore money....but they still do.

Best is yet to come.......they deny all knowledge of my telephone calls to the branch asking for an increase and that I had even telephoned as no messages were left.

At the moment the charges are about £850 and still rising as another direct debit was taken out again today.....so another £38 charge, I would not mind so much but the direct debit was for £4.20.....what a joke.

I am pulling my hair out now as nobody at the bank wants to deal with this and have refused anymore to comment.

Please help, where do I go now, I have threatened court action but they just dont care.................

shaun1977

garyphimister wrote:

I hope this will help....

I am with Royal Bank of Scotland, I needed to increase my overdraft facility and asked for help via telephone. I was welecomed with open arms and told no problems as I have been with bank for 8 years and good credit rating.

Three weeks passed and a statement was posted....I was overdrawn. Cheques were written, direct debits and standing orders all bounced by the bank, not one letter saying there was a problem. I telephoned the branch and asked to speak to manager, the message was left but no response came. I telephoned again and left message....you guessed it no response.

I therefore went into a branch local to me and requested it was sorted, I was told that they would send message to my branch to contact me and should nothing happe they would esculate it. No telephone call, no letter....nothing.

You can imagine 2 weeks had passed and charges are building. I took action straight away and advised the local branch to put a stop on my account forthwith, this meant nothing would leave my account anymore. Well to date charges are still mounting and I have advised them several times by phone calls and visits not to take out anymore money....but they still do.

Best is yet to come.......they deny all knowledge of my telephone calls to the branch asking for an increase and that I had even telephoned as no messages were left.

At the moment the charges are about £850 and still rising as another direct debit was taken out again today.....so another £38 charge, I would not mind so much but the direct debit was for £4.20.....what a joke.

I am pulling my hair out now as nobody at the bank wants to deal with this and have refused anymore to comment.

Please help, where do I go now, I have threatened court action but they just dont care.................

you need to officially put your account into dispute and freeze it. as for the charges mounting up you will get them refunded.
your credit rating however will be going downhill. you need to start your claim asap, and dont just threaten court. do it.

go to www.!!!!!!.uk there is a letter template and tons of advice there for you.

hope this helps