DFW Bank Charges Reclaim Thread

mountainofdebt

Do you know I was only thinking of you & your claim today ....must admit I thought it was next week was the deadline so well done you!

Had my claim met almost in full as well - they didn't pay the interest or the extra £100 I had to pay and was going to chase them for it but, due to hubby's stubborness (why did I have to marry such a stubborn man????) have decided to drop it .....we have a bigger fight looming with the trustees of a pension scheme, so perhaps its just as well.

DavyM

scottishspendaholic wrote:

Hey everyone,

**Note - I am claiming in Scotland so court system different than in England**

Phoned the court this morning (yesterday was return day) and the bank have not submitted a response so I have won by default - yay!

However, all is not so simple. According to the (not helpful in the slightest) ladies at my Sheriff Court, I have to return Form 11 by Thursday (fine). 14 days after this, they will send me an extract decree. I photocopy this and send to my bank with a covering letter stipulating time period in which I request repayment by. Send this recorded delivery. Then I expect the bank to pay within the time limit. If they do not, then I can get the courts reinvolved.

Ok - has anyone else been in this position in Scotland with any bank/court and had to go through this protracted process? The one thing the (frankly quite horrible) lady did say to me, was that there is no certainty of getting my money back - !!!!!!? Surely if I win by default, that's the whole point!?? I would have also expected them to help more with the recovery of the money - please - can anyone give me any advice/help/support who has been through this process?

Thank you so much

scottishspendaholic x

Sorry to hear this. I live in Scotland and recently served a summons on BoS. The return date is the 14th July. Haven't had any word yet about them acknowledging the claim. I had hoped they would not and let me win by default. Not so happy after your experience to date but better that than them putting in a defence to delay it even further.

All I can suggest is that in your covering letter you give them a further 7 days to pay up. Tell them if they haven't paid by then you can send in the Bailiffs. May be worth a visit to your local CAB or Law Centre.

I am not an expert but just picked these things up from this thread and some other sites. Are you aware of https://www.govanlc.com. The are a Glasgow based charity funded Law Centre. Free advice is available there and it is a scottish site. Of course they cover English law also.

Check out the forms at this link too. http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

I am using the Paisley Sheriff Court. Which one are you using?

I am sure you will get your money. If they get stroppy the OFT might be interested and the Finacial Ombudsman too. All these things take time and it's a game these thieving sods play. You have certainly made me think again about what will need to be done after the Court victory.

The very best of luck to you.

PS: Did you get "The Small Claim Information and Procedure Guide" from your local court?

Brassic

I posted to Barclays asking for a list of my charges to be sent, and they have replied today (returning my cheque) saying they'd send it (but in the format which they want - basically copies of statements I think). They also put a lot of confusing gumpf in which I have so far only skimmed through and didn't quite understand.

So, just waiting for the statements now but am confused about the next step. I know I take every charge over the last 6 years and ask for them back, but how does the interest work? I was trying to find the calculator, but the post which has it on states :

"Please remember the following point: You DO NOT enter the 8% APR interest when sending of your preliminary request for refund, or the LBA. 8% APR interest is pursuant to s.69 The County Courts Act, and is ONLY to be applied when you raise your claim in court."

So why does the letter you send state :
"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 . "

Sorry if I'm being a bit dense here

southernscouser

Got a letter from the court today saying "an acknowledgement of service of your claim has been filed".

Natwest intend to defend all of this claim! Is this normal? :eek:

comicmankev

SS, Don't worry, this is normal. Get over to the consumer action website and your mind will be put at rest. It's still early stages for you, so you have another couple of weeks of tourment ahead of you!

comicmankev

You need to go to the consumer actrion website and update yourself if you are claiming against Abbey. They have changed their tactics and the process of them offering 100% has changed.

DO NOT be worried if you receive letters that are different to previously mention, everyone has been receiving them as of this week.

It appears you WILL have to return your Allocation questionaires, but the fees for that are still added on to the total they pay out.

See CA for more up to date info.

Glitterari

DavyM wrote:

Sorry to hear this. I live in Scotland and recently served a summons on BoS. The return date is the 14th July. Haven't had any word yet about them acknowledging the claim. I had hoped they would not and let me win by default. Not so happy after your experience to date but better that than them putting in a defence to delay it even further.

All I can suggest is that in your covering letter you give them a further 7 days to pay up. Tell them if they haven't paid by then you can send in the Bailiffs. May be worth a visit to your local CAB or Law Centre.

I am not an expert but just picked these things up from this thread and some other sites. Are you aware of https://www.govanlc.com. The are a Glasgow based charity funded Law Centre. Free advice is available there and it is a scottish site. Of course they cover English law also.

Check out the forms at this link too. http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

I am using the Paisley Sheriff Court. Which one are you using?

I am sure you will get your money. If they get stroppy the OFT might be interested and the Finacial Ombudsman too. All these things take time and it's a game these thieving sods play. You have certainly made me think again about what will need to be done after the Court victory.

The very best of luck to you.

PS: Did you get "The Small Claim Information and Procedure Guide" from your local court?

the interest that is stated in the prelim letters, is the interest that you have accrued on your account as a direct result of the charges applied. For example you get charged £30 for a bounced DD. This puts you say £20 into unauthourised OD. You are then charged a higher interest because you are in unauthorised OD. This is the interest the letters mean.

However, lots of people have found this too complicated to work out, so have simply left this sentence out, as i did. I found it too hard to work out on my own and it wasn't on my statements.

The 8% interest is you interest you can claim ONLY if it gets as far as filing a claim. This interest is claimed from the day the charge was applied.

Hope this clears it up somewhat.

Carly

Glitterari

Sorry - quoted wrong poster - should have been Brassic.

The forum for me is all old style and won't refresh to the new/current style.

ms_london

Brassic wrote:

So why does the letter you send state :
"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 . "

Sorry if I'm being a bit dense here

The paragraph above relates to any interest you ended up paying on your overdraft as a result of the charges. To be honest, I left this part out.

Hope that helps.

xx

Devo

I'm wanting to claim my bank charges back, but I'm unsure of the address to send the request for list of charges to? I bank with Barclays, but I want to make sure my letter(s) are going to the right place