Claim back any unfair bank charges! Article Discussion Area

BettyB_3

Edinburghlass wrote:

From Martin's article...

The court will now set a date (if the bank hasn't already given your money back by this point - and most will have done). Some (actually only one has ever got this far) might actually attempt to win in court - they may claim that the charges are for an extra service and therefore not a penalty, and thus legally enforceable. If this happens, come to the forum - we have this angle covered, it's slightly more complicated but worth it in the long run.


For you to be 'safe' from paying the banks legal costs should it get this far and you lose (extremely unlikely that they would win - remember only one bank has ever taken this to court and there is a lot of evidence that has been gathered since proving these charges as punitive in nature now), don’t claim for more than £5,000 - that way it would be heard in the Small Claim Track, where no-one is eligible for the legal costs of the other.

Also, it pays to open another account somewhere else in case they turn nasty and close your accounts and/or demand overdrafts be paid pack immediately - some have been known to do this on occasion - although most don't. If you have the choice, stay with the same bank - next time they charge you for going 8 pence over your limit, they know that your threat is real.

Above all, stand your ground - this money is legally yours. Good luck.

In fact, a Consumer Corner member has recently suceeded in having her £10,000 claim allocated to the small claims court and has also been granted full disclosure. Over £5,000 does not necessarily mean fast track.

Gimmymymoneyback

why only 6 years. just imagine saying to goverment. you o me tax i payed to the banks and building societys when they charged me penalties, intrest ,late payments. and so on. all these unlawful acts the establishments hide behind. this goverment and prior goverments have and
will continue to a make a fortune for the chanceller. and them selfs.goverments refuse to act. at present because this is easy money and no comeback on them. it dose have one effect though it keeps the poor and low paid intheir place .beholden to them .

Gimmymymoneyback

hi shaun hate them but wish i was a share holder ?

jadex

May i ask more experienced in this business:
Is it worth to do it for 50 pounds?
Don't need to ask about statements, charges, etc. as everything happened last week (i.e. one 25 fee is already taken by bank and another 25 is due on 27th - both for the same single transaction which dropped the balance below the agreed overdraft limit).
Customer Service is not very helpful.
Maybe just send the letter to the bank requesting to credit back the charges?
If they refuse, then just leave it?

Edinburghlass_2

Certainly worth trying that initially

As always read Martin's article and Penalty Charges and join up for the CAG forums.

shaun1977

Edinburghlass wrote:

From Martin's article...


[/FONT][/SIZE]For you to be 'safe' from paying the banks legal costs should it get this far and you lose (extremely unlikely that they would win - remember only one bank has ever taken this to court and there is a lot of evidence that has been gathered since proving these charges as punitive in nature now), don’t claim for more than £5,000 - that way it would be heard in the Small Claim Track, where no-one is eligible for the legal costs of the other.
[/FONT][/SIZE][/B][/LEFT]
[/CENTER]

Allthough these 2 forums and Martins article state the above

You can be liable for some legal costs if you lose in small claims, and you should claim for amounts more than £5,000 if that is the amount owed. Dont let this article put you off!!!!

jmgeofiz

hi

am in the middle of a claim for bank charges with nat west. they have offered a defense which seems basically to be that they need more information. claims online have just written to me advising that the case cant be dealt with by them anymore and has been transferred to my local county court. i am now panic stricken in case I lose and have to pay their costs. the amount that I claimed from them is £2098 but what I am wondering is because its no longer an online case could i have to pay their costs if I lose.

feel completely out of my depth and very anxious.

any advice would be very gratefully received.

thanks
jm

Edinburghlass_2

Sign up for CAG and check out their board specifically for Nat West, also have a look at the Penalty Charges Guide.

marian4455

Hi there everyone,

I really need some advice as I really don't think I can take anymore.

I got my monthly statement from Abbey this morning and they are charging me £50 on the 2nd Nov for going overdrawn by £1.53 on the 4th Oct. I have already called them (in tears, I really tried not to cry) and they won't stop the charges. I told them I get Income Support and Incapacity Benefit and I went overdrawn only because they charged me again for going overdrawn the previous month by 78p. I can't cope with this anymore. I know I shouldn't have gone overdrawn but £100 for £2.31? I FINALLY want to claim all the charges back over the years and any advice would be so welcome. I've been crying for ages because of my own stupidity. Please help.

Edinburghlass_2

You need to start by reading Martin's article and then have a look at Penalty Charges and sign up for the CAG forums for all the help you will need with templates for letters etc.

As regards the recent charges I would write to them separately and ask if they will look into this and ask how they can justify a charge of £50.