Claim back any unfair bank charges! Article Discussion Area

stuart1_2

shaun1977 wrote:

the cheque will come to you, but you are supposed to tell them of any windfalls, they could be held responsible but it would take some proving;)

Do you know what they do with the windfalls? Are they given to the creditors or retained by the trustee? I thought that if the trust deed was protected nothing could be added to the amount. Is it actually a windfall though as it is actually money that has been deducted from the earnings that you would have been allowed after signing the trust deed. So had the bank not applied the charges I would have had the cash anyway.

shaun1977

stuart1 wrote:

Do you know what they do with the windfalls? Are they given to the creditors or retained by the trustee? I thought that if the trust deed was protected nothing could be added to the amount. Is it actually a windfall though as it is actually money that has been deducted from the earnings that you would have been allowed after signing the trust deed. So had the bank not applied the charges I would have had the cash anyway.

hi i know what you are saying but, had you had the money when the trustees were making the arrangements they would have taken it into consideration, allthough it is entirely your descision what you do with the cheque and who you tell;)

saramc

hi, my husband had lots of charges from the yorkshire bank, so much so that they arranged for him to have a loan, which he then defaulted on leading to a ccj. if he can claim these charges back would it be possible to get this ccj taken of his credit record, or is that totally seperate? thanks for any advice

shaun1977

saramc wrote:

hi, my husband had lots of charges from the yorkshire bank, so much so that they arranged for him to have a loan, which he then defaulted on leading to a ccj. if he can claim these charges back would it be possible to get this ccj taken of his credit record, or is that totally seperate? thanks for any advice

Hi, you could argue that the loan was mis-sold hence un-enforcable and yes you are right having a default against bank charges is wrong but challenging it would be very hard, you would need to take the credit reference agency and bank to court as they will both dispute the charges being unlawful as they are now.

as far as the loan is conscerned you would need to challenge the bank on the grounds of the charges being unlawful therefore you would not have needed the loan. have a look at https://www.!!!!!!.uk/forum.

Kal

shaun1977 wrote:

hi,
first of all they are not taking you to court, your taking them. they all appoint solicitors and if you have done everything right they wont step foot in the courtroom. i have known of people have couriers approach them in the courts waiting room with a cheque sent by the bank.
i need to know a lot more details to advice further go to https://www.!!!!!!.uk/forum and you can send me some details, then hopefully we can make sure everything is on track.

Shaun

Hey Shaun, Thanks for your advice. I'm going to post this on the !!!!!!.uk forum as well but I'll note a few things here too if you dont mind!

I approached the Bank of Ireland firstly using the letter on the CAG forum. They wrote back with the standard get stuffed letter then I sent the letter before action. I got a one -line reply stating "our position remains unchanged from out last response". The claim was for near £4000 so I still the claim into two smaller amounts (advice from CAG forum). I then went ahead and filed the claims with the courts and today received their response.

1. They have disputed the claim on the following points:
2. That I referred to them in the claim forms as the Bank of Ireland and not The Governor and Company of the Bank of Ireland (how was I meant to know that:rolleyes: )
3. Charges were correctly applied in accordance with the terms and conditions
4. The charges that were applied to the account were not applied pursuant to an unfair term of a contract as alleged
5. Denys that the terms and conditions are unenforceable
6. The applicant has commenced two actions in the Small Claims Court in respect of bank charges applied to her account. The total claimed is £3951 and exceeds the Small Claims Court limit. These cases should be amalgamated and transferred to the County Court or written down to £2000 plus interest thereon and one court fee

Counterclaim:
They also lodged a counterclaim for £352.76 and £72.38 in interest on an unpaid overdraft as the account was closed (I have to check this to see if this is correct - I honestly dont know at the moment) and also their court fee of £18.

What do you make of that? I think I've followed the steps correctly.

shaun1977

Kal wrote:

Hey Shaun, Thanks for your advice. I'm going to post this on the !!!!!!.uk forum as well but I'll note a few things here too if you dont mind!

I approached the Bank of Ireland firstly using the letter on the CAG forum. They wrote back with the standard get stuffed letter then I sent the letter before action. I got a one -line reply stating "our position remains unchanged from out last response". The claim was for near £4000 so I still the claim into two smaller amounts (advice from CAG forum). I then went ahead and filed the claims with the courts and today received their response.

1. They have disputed the claim on the following points:
2. That I referred to them in the claim forms as the Bank of Ireland and not The Governor and Company of the Bank of Ireland (how was I meant to know that:rolleyes: )
3. Charges were correctly applied in accordance with the terms and conditions
4. The charges that were applied to the account were not applied pursuant to an unfair term of a contract as alleged
5. Denys that the terms and conditions are unenforceable
6. The applicant has commenced two actions in the Small Claims Court in respect of bank charges applied to her account. The total claimed is £3951 and exceeds the Small Claims Court limit. These cases should be amalgamated and transferred to the County Court or written down to £2000 plus interest thereon and one court fee

Counterclaim:
They also lodged a counterclaim for £352.76 and £72.38 in interest on an unpaid overdraft as the account was closed (I have to check this to see if this is correct - I honestly dont know at the moment) and also their court fee of £18.

What do you make of that? I think I've followed the steps correctly.

thats just them trying to worm their way out of it, the bank of ireland is the company you had an account with and took to court so the naming is their problem not yours. as for the counterclaim they dont have one as the amount you are claiming exceeds this and wouldnt exist without the charges, they are just wanting the money that will be due when they pay you. dont worry about any of it it is just the usual rubbish, and they would need to appear in court to have any succes with the counterclaim. as for transfereing to county court, thats no big deal they still wont attend, and many judges in england now are complying with our requests to deal with fast track in the small claims as they are straightforward cases.

hope this helps.

shaun

mickandnetta

mickandnetta wrote:

Thank you , we will be sticking to our guns thats for sure we already have the court documents filled in and ready to go and tbh this is probably the best thing since sliced bread !!:j the £1792 that we are claiming we stated in the first letter that this was all we would claim , if they paid up in full as 6 months of statments were missing and to save time this would be our claim , , but made it clear that should we go to court we would claim every single charge not from this account but from my second account as well that has about another £200-300 so we gave them a fair deal in the first place

So frankly we want it to go to court looks like christmas will be coming early !!

To anyone else just starting to make a claim , dont be hesitant at going all the way, enjoy the ride!!! its a sweet one!! exciting and rewarding, we could have easily taken the £494 offered in the first letter and we did seriously give it some thought but , clearly today less than a week later they are already rattled.

I will report back here after they have phoned at 12pm.

just reporting back, in natwest's first letter and measly offerr they sent a pre-addressed first class franked envelope which we used to send back the 1 page 2nd letter and decline of thier offer, they called bac at 3.30pm to simply enquire if we had replaied as the only pre-paid envelope they had sent out recently was to us , and that the post office had not delivered the letter as it required extra payment!!!!! so they asked us to resend the letter...

frankly how can a 1 piece of a4 paper in a 1st class franked envelope not be enough payment, personally we think this is just a lame way of stalling on us, so we sent the 2nd letter out agian , recorded mail.

If new claimants havn't done so already , save yourselt from this lame tactic and send all your letters recorded

shaun1977

mickandnetta wrote:

just reporting back, in natwest's first letter and measly offerr they sent a pre-addressed first class franked envelope which we used to send back the 1 page 2nd letter and decline of thier offer, they called bac at 3.30pm to simply enquire if we had replaied as the only pre-paid envelope they had sent out recently was to us , and that the post office had not delivered the letter as it required extra payment!!!!! so they asked us to resend the letter...

frankly how can a 1 piece of a4 paper in a 1st class franked envelope not be enough payment, personally we think this is just a lame way of stalling on us, so we sent the 2nd letter out agian , recorded mail.

If new claimants havn't done so already , save yourselt from this lame tactic and send all your letters recorded

what a load of rubbish, they are to incompitent to work out who they sent a pre-paid envelope to, and if they knew there was a letter to be paid for then why didnt they pay for it?
natwest are terrible for this, if only they were so consciensous when apply the charges.

frosticles1111

i am with natwest and have had charges over the years because at the end of the month i am sometimes overdrawn even though i am not supposed to go overdrawn on my account..can i still claim charges back..thanks

extko

Claimed DD charges back off natwest. It was only £38 but it was £38 better off in my pocket than theirs! :j They said their charges were fair but as a gesture of goodwill they will refund me my money :beer: :rotfl: :T

Thanks Martin!