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DFW Bank Charges Reclaim Thread

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  • pixie1
    pixie1 Posts: 1,442 Forumite
    Debt-free and Proud!
    Well Im just 12 days away from filling my claim in the courts and Im actually REALLY looking forward to it. I hate the halifax with a passion :) Im also going to write to halifax visa this weekend and start the ball rolling on that one too :)

    Good luck everyone!

    Pixie
    :jDebt Free At Last!:j
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    pixie1 wrote:
    Well Im just 12 days away from filling my claim in the courts and Im actually REALLY looking forward to it. I hate the halifax with a passion :) Im also going to write to halifax visa this weekend and start the ball rolling on that one too :)

    Good luck everyone!

    Pixie
    Halifax damn need to chase them too will have to wait till finished with barclays.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • Glitterari
    Glitterari Posts: 597 Forumite
    Lydia.42 wrote:
    I sent my letters nearly 2 weeks ago now (stating what they owed me, etc). Have heard nowt from Nationwide, and got a letter from Abbey this week saying thanks for your letter, it'll take us 4 weeks to respond. So what do i do now? Do i wait for Abbey to respond? Or do i write again and say no good, or do i file a claim? Also what should i do about Nationwide? Wait a bit longer?
    Confused, and worried now.....


    were these the prelim letters? Did you give them a timescale in which to respond by e.g. in 14 days or refund by xx date?

    If so, if I was you I would stick to the time scale you have set. You make the rules and you will stick to them. This is a stalling tactic. I found when HBSC ignored my prelim letter, when I sent the LBA (letter before action) sayin I was disappointed they had ignored my initial request, they replied pretty damn quick and I got the whole lot of my claim refunded within about 2 weeks!

    And Abbey are known to be particularly bad at this reclaiming lark - they kick and scream and everything. So just proceed with the LBA - and here is a tip for you that I think helps - don't say 'you have 14 days in which to respond' say you have until (close of business) on <insert date> to refund all monies. Just give them a couple of days to receive the letter then count the 7 or 14 days (calendar days not working days btw) and give them a specific date. I did not do this with Capital One and they kicked and screamed over £220, but I did with HSBC and from start to finish it took less than 3 weeks to get the money (£650) refunded in full.

    Also, make sure you add this bit at the end:

    Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

    It does say to do this on the site, but I missed it when it came up when I was going after Capital One, but again used it HSBC. Other people on the site seem to have been successful in getting a full refund quicker when they have used the above statement.

    But if you have not done the LBA yet, you NEED TO DO THAT BEFORE FILING A CLAIM!

    But there is no need whatsoever to be worried about it.

    C xx
    Proud DFW Nerd #62:wink:

    Became Debt Free in Oct 2006 - uni was hard - financially!! Now need to start again.... :rolleyes2

    PROUD TO BE DEALING WITH MY DEBTS :D
  • bookworm1363
    bookworm1363 Posts: 812 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Hi everyone, I have been chatting to SS about back claiming back bankcharges and what they mean, he explained and said we might be able to claim some of ours back but to ask you lot to clarify for me.

    What it is is my OH has a standard bank account with yorkshire bank, he has no overdraft facilty on it, but if there is insuficunt finds in the account for a DD he gets put over drawn, the DD gets returned unpaid and they give him a £35 charge. Would he be able to claim any of this back do you think?

    Thank you :)

    Yes. No question about it.
  • bookworm1363
    bookworm1363 Posts: 812 Forumite
    Part of the Furniture Photogenic Combo Breaker
    How and why would someone lose a case? I thought what the bank were doing (setting default charges which were set at a level which exceeded administrative costs) were unfair and illegal!


    They are.

    And to date, only one case got lost, and the general consensus was that the claimant was ill-prepared, and the bank tried a new tactic: They said that the charges were a service, for which they could charge what they wanted (like an ATM charge, for example).

    Due to lack of preparation, the claimant had no response ready and lost (I'm summarising here). It has to be said, though, that the bank knew they were lucky, as they haven't tried it once since, and have paid up every time since :D .

    Since then, we have been preparing against another bank trying this line of defence, and I doubt any would ever get the slightest chance to win this particular argument!
  • ms_london
    ms_london Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Blimey! Posted my letter asking for a refund of charges on Wednesday and got their reply today! :eek:

    Anyone else think they were waiting for it? :rotfl:

    They have said no.....our charges are fair.....blah blah blah! :rolleyes:

    On to the next stage! :D

    Same here SS, just a standard "You agreed with our terms when you opened the account" letter. Do we just wait for the 14 days to be up & then send next letter? I hope we both get our ££££ back!!

    xx
  • bookworm1363
    bookworm1363 Posts: 812 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Lydia.42 wrote:
    I sent my letters nearly 2 weeks ago now (stating what they owed me, etc). Have heard nowt from Nationwide, and got a letter from Abbey this week saying thanks for your letter, it'll take us 4 weeks to respond. So what do i do now? Do i wait for Abbey to respond? Or do i write again and say no good, or do i file a claim? Also what should i do about Nationwide? Wait a bit longer?
    Confused, and worried now.....

    YOUR claim, YOUR deadlines. Don't let them take control of the timetable.
    Abbey: Letter before Action, 14 days to respond satisfactorily or court. 15 days later, you file claim.

    Nationwide. Once 14 days are up, LBA, 14 days to respond... etc...

    Nothing confusing, if you stick to your timetable. They will do anything to try and put you off, don't let them.
  • crawley_girl
    crawley_girl Posts: 2,010 Forumite
    Part of the Furniture Combo Breaker
    Well... I received a letter this morning from Halifax (on behalf of my old Sainsburys Visa Card) saying that on this occassion they would be prepared to settle out of court as it was not worth their time and effort to persue any further! Yippeeeeeeeeee!

    Just waiting for the cheque to roll in...

    :heartpuls CG :heartpuls
    Ever wonder about those people who spend £2 apiece on those little bottles of Evian water? Try spelling Evian backward.
  • bookworm1363
    bookworm1363 Posts: 812 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Halifax damn need to chase them too will have to wait till finished with barclays.

    You could be waiting a while, Barclays are soon building a reputation for dragging things as far as they can. Halifax so far have folded much much quicker.
  • bookworm1363
    bookworm1363 Posts: 812 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Well... I received a letter this morning from Halifax (on behalf of my old Sainsburys Visa Card) saying that on this occassion they would be prepared to settle out of court as it was not worth their time and effort to persue any further! Yippeeeeeeeeee!

    Just waiting for the cheque to roll in...

    :heartpuls CG :heartpuls


    YAYE!!!! Congratulations!
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