Report Bank Charges successes and failures

claire1284

I'm still waiting for my reply.. Is that a good thing?

[Deleted User]

claire1284 wrote: »

I'm still waiting for my reply.. Is that a good thing?

They have eight weeks to respond "fully and finally"
You have had an acknowledgement, so you know they have received your complaint.

Aquamania

claire1284 wrote: »

...I've still not heard back from TSB except a letter to confirm they have referred it to their complaints dept. I guess this was a follow up letter from the call I received on Monday saying that they would be in contact with me by Friday (it's now Sunday).

claire1284 wrote: »

I'm still waiting for my reply.. Is that a good thing?

It would be a better thing if they had replied

Since you were promised a response mid August and it's now September, it might be worth giving them another nudge.

But as the previous poster says, they have up to 8 weeks to respond ... or at least you have to wait that long (unless you have a final response letter) before you can ask/expect the ombudsman to assist.

brown1950

Alpine_Star wrote: »

Yes there's no conflict with the Supreme Court decision.

From the judgment:

''It, therefore, seems to me that, rather than effectively
overruling the Supreme Court's ruling in the Test Case, the
ECJ has added a further dimension to the national Court's
approach to the application of Regulation 6(2) of the Unfair
Terms in Consumer Contract Regulations 1999 by ruling
that the exclusion of the provisions of that Regulation to the
terms of a contract to which it would otherwise apply is itself
to be excluded where those terms have the effect of enabling
the supplier to amend the price of its services provided to the
consumer without the reason for and the method of the
variation of the price, in particular, being set out, and without
the consumer having the right to terminate the contract. Or to
put it more straightforwardly, by saying that the Court can
now assess the fairness of such terms if that is their effect.''

It will almost certainly be the subject of appeal to the Court of Appeal and very possibly the Supreme Court thereafter.

Stomach and ability are not issues for the claimant.

Think with hindsight you could be right about Lloyds Bank asking to
appeal this decision especially when you realise according to the OFT
PCA Market Study over the last 10 years bank customers have paid
17 Billion Pounds for unarranged overdraft charges.
Good to see Oliver Foster Burnell (claimant) has some very interesting parties supporting him !

devondiver

Bank name: Barclays
Amount Reclaimed: Unspecified
Amount they paid: £1,880
The story: Spotted the MSE item/s about reclaiming Additions account charges and remembered that I had had such an account from mid-90's until 2010.
Sent them a letter late May stating that a) I had been miss-sold on the basis that I was offered no alternative non-fee-paying account with overdraft and b) that I never wanted or needed the packaged 'benefits'.
Received an initial and then a couple of interim 'looking into it' letters. Had a couple of phone messages (which I ignored) then restated my case on a form they sent me in August.
Money appeared in my Barclays account today marked 'Complaint' :j
Thank you MSE :beer:

candysagagirl

Am I right in saying that the bank you are STILL WITH ie Have an account with, repaid following your complaint?

The reason I ask is that one company told me that I would no longer be covered by them if I went ahead with the complaint, so I didn't.

However my business partner and my self we believe we were missold PPI when the cover was only for one of us in a joint business loan. The fear we have is that the bank will reject/call in loan and business OD if we go ahead and claim........... opinions please

Alpine_Star

brown1950 wrote: »

Think with hindsight you could be right about Lloyds Bank asking to
appeal this decision

I didn't say they would.


Remember that either party can seek leave to appeal any aspect of the judgment http://www.legalfutures.co.uk/latest-news/web-forum-drives-qsfirms-consumer-credit-growth

devondiver

That's correct Candysagagirl.
I have yet to receive anything written, other than a mobile message saying that the complaint has been investigated and I should get a written response soon.
Don't let them worry you. They are definitely on the back foot and in my experience try to be very helpful. If they penalise you in any way there should be hell to pay. (But I'm open to correction on this from others more experienced.)
Good luck.

devondiver

P.S. I also reclaimed a large PPI lump from Nationwide and I still have my mortgage and some other accounts with them.
Incidentally, did I post to the wrong forum? Is there a specific one for Bank "Account" Charges Successes etc? If so perhaps an expert will transfer it.

fermi

Alpine_Star wrote: »

Indeed.

It's the first bank charges win in court for at least 7 years and neatly sidesteps the Supreme Court ruling.

Article http://legalbeagles.info/beagle-wins-bank-charge-case/

Judgment http://legalbeagles.info/judgment-foster-burnell-v-lloyds-bank-august-2014-bank-charges/

On BBC You and Yours today. Listen from 16mins 42s onwards

http://www.bbc.co.uk/programmes/b04gcdt8