Claim back any unfair bank charges! Article Discussion Area

Babe28_2

Can anyone help me please? Am now in process of sending my 2nd letter, have filled all details in on site ( money claim) to claim charges but I am on benefits at the moment and cant pay the £80 fee at present. Theres nothing on the site to say you dont have to pay the court fee if you are on benefits. What do I do?

oldwiring

bookworm1363 Criticism is justified, becuase lending is made on the backs of othe proples' and businessess' money lodged with the bank. If too many were cavalier with the control of their finances the ability to lend would be curtailed and bad debts could lead to failure. That could hurt the inncoents, who maintain their financial affairs properly and is IMO unfair and unjustifiable.

Yes let our friend claim from the bank those charges, he considers unjustified, but there is an old saying, " when you find yourself in a pool of crocodiles, don' waste time draining it" Simply, get the priorities straight. I'd have thought that getting some debt counselling should be of the higher priority.

Chrysalis

You make it sound like everyone who has finincial problems is of their own doing. Unfortenatly the min wage in this country and benefit levels are set lower then many people need to pay bills. These people are also innocent.

The only guilty party here is the banks I am afraid. They are the ones charging fees that break the law.

CTT_2

Its great news for all of you who broke the terms and conditions and despite this you can claim your charges back. Unfortunately this now appears to be at the expense of credit worthy customers who will have to pay higher interest. Still perhaps in a couple of years we can go to court and get them reduced or refunded.

page_e

bookworm1363 wrote:

You don't need the spreadsheet at this stage, it will become necessary if you have to issue a court claim.

But you need to write a list of the charges, when incurred, how much for etc... We only advise you to do the s/s because if you have to issue claim then you'll be doing twice.

There is also on online calculator on CAG HERE.

Thanks for your help.

Just one more thing tho, the part in the Preliminary approach for repayment letter thats states:
What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter

Do i add the overdraft interest in this letter at this stage, and do i work it out using the online calculator.
Because i've put in my details £1220 in charges over the last six years and and it has calculated that the interest is £552.66 is this right? it seems alot.

Many thanks

oldwiring

Chrysalis wrote:

You make it sound like everyone who has finincial problems is of their own doing. Unfortenatly the min wage in this country and benefit levels are set lower then many people need to pay bills. These people are also innocent.

The only guilty party here is the banks I am afraid. They are the ones charging fees that break the law.

That was not my intention; sorry if you interpreted it that way. I still say that each person or business is responsible for what he does, save for being effected by unforeseen disasters. AFAIC anyone who acts recklessly with their finances, and that means our poster if hae has been, then they must carry some guilt. They are responsible for being in a situation where charges are levied. To say that the banks. As to the banks' fees, surely they weren't illegal at the time they were made. If you want to say that then you're supporting retrospective rulings which are very dangerous.

taz811

Very easy to criticise others when you don't know the circumstances isn't it

Anyway thanks bookworm for the advice

oldwiring

taz811 Please be asssured my comments were generic and not directed. As I was on the other side I have a different perspective. That said, I too have reservations about the way the industry has developed from considering an application to formulaic 'if the boxes have the right answer, lend the money'.

Sorry for any offence, and good luck with gettinh your affairs straight very soon.

bookworm1363

oldwiring wrote:

bookworm1363 Criticism is justified, becuase lending is made on the backs of othe proples' and businessess' money lodged with the bank. If too many were cavalier with the control of their finances the ability to lend would be curtailed and bad debts could lead to failure. That could hurt the inncoents, who maintain their financial affairs properly and is IMO unfair and unjustifiable.

Yes let our friend claim from the bank those charges, he considers unjustified, but there is an old saying, " when you find yourself in a pool of crocodiles, don' waste time draining it" Simply, get the priorities straight. I'd have thought that getting some debt counselling should be of the higher priority.

Criticism may be justified, but I'm afraid there is a place for it. On a thread called "Claim back any unfair bank charges", I fear this is not it, that's all. I believe there is a thread on the future of the banks, or something like that, elsewhere on MSE. Don't get me wrong, I appreciate you genuinely think you are helping, but I simply don't believe the people on here are going to be ready for that advice, if indeed they actually need it at all.

I must pick on the following comment:

As to the banks' fees, surely they weren't illegal at the time they were made. If you want to say that then you're supporting retrospective rulings which are very dangerous.

They were then, they are now. Penalty case law is a ruling from 1915 (Dunlop Pneumatic Tyre Co. Ltd. v New Garage & Motor Co. Ltd. , if you're interested), when Lord Dunedin made a very clear definition of what constitutes a penalty charge. The whole concept of unlawful bank charges stems from this and subsequent rulings.

bookworm1363

page_e wrote:

Thanks for your help.

Just one more thing tho, the part in the Preliminary approach for repayment letter thats states:
What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter

Do i add the overdraft interest in this letter at this stage, and do i work it out using the online calculator.
Because i've put in my details £1220 in charges over the last six years and and it has calculated that the interest is £552.66 is this right? it seems alot.

Many thanks

It seems a lot, you can only reclaim o/d interest which is the part that stems from the unlawful charges, not the part where you went o/drawn of your own accord, if you see what I mean. It is a complicated calculation, I do not bother myself with it.

The online calculator works out the statutory 8% you can add to your claim should you need to issue a court claim. Don't add it to your claim at this stage.