Claim back any unfair bank charges! Article Discussion Area

meb31

i have received the defence from the abbey, i am waiting for the questionnaire from the court, the abbey have offered half my claim, (£2550) in their defence it states i am saying that i am claiming it is unlawful to have any charges placed on my account and thats how they will defend the claim. so i am my figers firmly crossed and all my trust that this will work!!

Tardis_2

Today i did it!!! I clawed back £75 in bank charges from the HSBC...THANK YOU MARTIN!!! Dallas

BettyB_3

robert_snr wrote:

My bank account with Nat West was a business account and they say unfair charges do not apply to this type of account. Is this correct? I have already issued a summons, am I wasting my time and money.

Although there are legitmate charges for services rendered on a business account, you can reclaim all penalty charges.

165721

jools73 wrote:

After my success of re-claiming my bank charges, I decided to reclaim my credit card charges. I phoned Capital One to ask for my statements. All good so far. This morning they arrived. Checked through and noticed some suspect transactions, one of the statements they sent me was for someone elses card. It's got their account number, name and address. It's not as if our name or account number are similar. What should I do?

They are sending out other peoples information under your DPA disclousre request? Surely thats one for the Information Comissioner?!

165721

whoareya wrote:

Ok I've gone through the stages as suggested, it's been fun if not anything else.

Lloyds has declined and I am debating whether I can afford the £120 to take them to court - it's a lot of money to lose


Barclays have been a lot better - they've offered £500 after taking two months to answer me (they advised they were going to take their time which was nice)

I am seriously considering this I asked £1000 from them, including interest. Actual money total (not inc interest) is about £800.

What do you think ????

To Lloyds - do I continue, can I really get a result. If so what do I write in the online court section, I will need help writing the text.

To Barclays - Accept it or push for more??

any advices would be fantastic

They will all invariably pay out in the end, and so you wont lose your court fees as they will have to pay them back to you. They should not have taken 2 months to answer you as you will jave set a 14 day deadline? They cannot 'advise' you that they are going to take their time, it is your deadline. All it means is that the money is sitting oin their account earning more money for them, and not you. Delaying tactiocs thats all it is. Anyway, never mind!!

My somewhat muddled advice, as that of others, is keep going wou will get it back in the end!

165721

chrismb wrote:

22nd september 2006, 3 charges on the same day by the above bank, totalling £105. In one day. Same day found this site, and decided to have a go. Always keep bank statements, so found out they had robbed me for £636 over the last 6 years. Sent the letter asking for it back, plus 8%, coming to £704.14. Got a letter today offering £195, as a 'goodwill gesture'. Undecided as to whether to go forward. Do I have to send another letter (I put in the original letter that I reserve the right to take legal action without further notice), or do I just go straight to the moneyclaim site? Or do I just accept the offer and be done with it? Any advice welcome.

I echo our MSE friend, keep going, push for it all and you will get it! If you have sent the letter before action, and if that was more than 14 days ago, go straight to moneyclaim.

165721

Hello to all,

As a response to few postings on here, can I put forward how I uderstand the advice from the CAG website, in the hope that it can clear a few things up for those planning on claiming or in the process of claiming.

1. The first letter after calculating the total charges taken from you is the Preliminary Approach for Repayment, which can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

2. After 14 days if there is no full settlement you send off the Letter Before Action, which is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

3. After 14 days if there is no settlement in full you enter a claim on the moneyclaim website, help with the particulars of claim are here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

4. If there is no acknowledgement, you MUST apply for a judgment as soon as it will let you (don't be scared to try, if you havent left it long enough it will tell you).

5. If there is an Acknowledgement of Claim, then they have and extra 14 days giving a total of 28 days from the date on which they were served with the papers to defend. If they do not defend, again you MUST apply for a judgment as soon as it will let you. If you do not they may be able to enter a late defence.

Finally, a couple of other general points:

a. There seems to be a lot of confusion about how to calculate the 8% interest charge, and when to apply it. First of all this is not applied to the charges until the moneyclaim stage, you cannot claim it before this stage. Secondly, the interest is calculated from the day that the individual charge was applied to your account, to the day you submit the claim, at 0.022% per day (to help you there is a spreadsheet available at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html). The interest from the day that you made the claim to the day that you request judgement is added at the judgement stage.

This is taken from the CAG spreadsheet page:

"If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back."

b. Make sure that you do not give the banks any more time than the 14 days you have given them to COMPLY (this is very different from REPLY) with each letter. Think if it was the other way round, they would not sit and wait two months for you to pay a debt!! The whole process from Preliminary Approach to judgement through moneyclaim will take no more than 2 months, if it even takes that long (unless of course they do decide to defend).

Please all stick to these rules/timeframes, as it makes sure they know that you mean business and you know what you, and the movement as a whole, are doing! I hope this has cleared up any questions or queries some of you have.

Thanks,

JJ

goonernumber1

Hello everyone,

I have read FAQ's and sent off the first SAR letter, but am confused as to why it says you CANNOT claim for interst (using the excel spreadsheet) until after you put in a small calim? Can someone shed any light on this issue.

Thank you for your time and efforts.

165721

I am not promoting anything simply clearing things up and linking to letter templates. I have not seen that request myself and I'm sure its totally voluntary. The site is supported by Martin, and very helpful for a lot of people. If it charged then that would be a different matter! It the one I have used therefore have linked to it. Others are available (I feel like a BBC presenter now...).

165721

goonernumber1 wrote:

Hello everyone,

I have read FAQ's and sent off the first SAR letter, but am confused as to why it says you CANNOT claim for interst (using the excel spreadsheet) until after you put in a small calim? Can someone shed any light on this issue.

Thank you for your time and efforts.

Not sure on the legal stance in respect of this, can anyone advise?