Bank Charges Reclaiming Guide discussion

Premier_2

tatiana wrote: »

I claimed nearly three years ago, got a low offer which I refused, sent the court papers and of course, since then everything changed. I was put on hold until I too got a letter saying my case will be closed by 21st February - Date Looming!!! - WHAT do I do??
Do I write to the bank saying I do not consider my case to be resolved to give myself more time for it to be sorted??

Who wrote you the letter? The bank or the court?

The banks are sending out letters to everyone with held claims with them, which if it was based on the earlier template letters, is as expected as the SC found in favour of the banks.

This letter will not affect your claim with the court.

If the letter is from the court, what does it say exactly? Again, if the POC were based on earlier templates, this again was expected that the claim may be applied to be struck out following the decision of the SC.

If you want to continue, you will either need to inform the court of why in your opinion your particular claim should not be affected by the decision of the SC, or you need to possibly think about revising your original POC. The guide mentions this (as well as the risks involved), and promises more info by the middle of this month.

jimthediver

Like many MSE fans, I was on hold with Barclay's pending the, rather surprising, High Court decision.

Having avidly read the newly updated reclaiming article, I have resubmitted my claim to Barclays. The original amount I asked for (in July 2007) was for a total of £1075. I took the hardship route in Mid 2009 and was given £425 back, quite a result.:j

I stopped myself short on posting the updated letter (including both Human and Legal arguments) and re-thought the interest calculation.
If the shoe were on the other foot, would the bank have any hesitation in telling us that they wanted to add interest to the charges for the 2 years that the test case took to pass through the Courts?:rotfl: Yeah, I agree.

So, I have used the excellent MSE calculator and added the additional interest for the last 2 years that the banks have been dragging their collective heels and have resubmitted a new schedule of charges ,asking for a little over £815.:D

Whilst I may not get any of this and will likely be speaking to the Ombudsman and possibly the courts as well...... nothing ventured, nothing gained. It may give me that small amount of negotiating room that gets this settled quickly and for the original amount claimed.

I will update this post when I hear back from Barclays, probably with some corporate sarcasm!!

Jim

natweststaffmember

jimthediver wrote: »

Like many MSE fans, I was on hold with Barclay's pending the, rather surprising, High Court decision.

Having avidly read the newly updated reclaiming article, I have resubmitted my claim to Barclays. The original amount I asked for (in July 2007) was for a total of £1075. I took the hardship route in Mid 2009 and was given £425 back, quite a result.:j

I stopped myself short on posting the updated letter (including both Human and Legal arguments) and re-thought the interest calculation.
If the shoe were on the other foot, would the bank have any hesitation in telling us that they wanted to add interest to the charges for the 2 years that the test case took to pass through the Courts?:rotfl: Yeah, I agree.

So, I have used the excellent MSE calculator and added the additional interest for the last 2 years that the banks have been dragging their collective heels and have resubmitted a new schedule of charges ,asking for a little over £815.:D

Whilst I may not get any of this and will likely be speaking to the Ombudsman and possibly the courts as well...... nothing ventured, nothing gained. It may give me that small amount of negotiating room that gets this settled quickly and for the original amount claimed.

I will update this post when I hear back from Barclays, probably with some corporate sarcasm!!

Jim

I can't wait to hear their rejection letter

Wispa1

HI, Could anybody advise me on post #66 please. I have got charges on a car loan which I haven't claimed on. I am not sure whether this route applies. With many thanks

thainstone

Hi i need help with the new templates for reclaiming.
I was reclaiming over £4500 from the Halifax and went down the financial hardship route.Like everyone else with the Halifax they delayed and delayed and delayed so they could hear what the courts had to say first.
I went to them under financial hardship which the girl i spoke to at Halifaxe(their management team that they put you in touch with )agreed they could do nothing for me and would go back to Halifax and tell them i was in financial hardship.
They came back the week of the court case and offered me £105.00 through the financial ombudsman,which didn't even cover my charges that month.
When the discission from the courts came i was advised to accept the £105.00 there and then and that this would not affect me carrying on with the claim when the new templates came through.after the court decision the Halifax dropped their charges straight away from £35.00 each charge to £15.00 each charge,they are now offering me to upgrade the account aswell something they didn't do before.
My question is i want to enter my claim again as i want to carry on the fight but i don't know what i am supposed to enter it as..........can you please advise if i still go down the Hardship route of if i do something else.
I am managing to stay above hardship now.......just as i have managed to catch up on the charges cycle myself with a lot of hard work and living on basically nothing.

markdsmith_2

Please help.

Last year I was claiming against Nationwide for bank charges. These totalled £3,175 with interest. Nationwide wrote back stating that because of the court case they wouldn't be paying me out.

I therefore wrote back stating that I was claiming under hardship as I was struggling to pay the debts I had and the recurring charges were making things worse. In fact, the charges always seemed to come out just before my DDs were due, so I ended up paying more charges as these took me over the limit again. If the charges hadn't have been imposed, then the DDs would have gone through with no problems at all.

Again they wrote back stating that they wouldn't pay out as they believed my income was sufficient to cover my payments and would leave me £400 per month to feed and clothe myself, my wife and my three teenagers (do they have kids?). This contradicted my statement that showed if I paid the full amount on my debts I would in fact have less than £100 a month for this. At this point I opened another account just in case of them closing mine due to the complaints.

I transferred all my DDs to the new account and have not suffered since. When the account was transferred, I had an overdraft with Nationwide which I could not afford to pay off all in one go. I therefore wrote to them stating that as they would not repay my bank charges, that I would be unable to settle the overdraft facility in full and requested they offer me a solution to the problem upon which we could both agree. I never heard anything from them until this week when I received a demand from a debt collection agency for the whole amount of the overdraft (which was about £1500 but is now over £1800!!).

I have written back to the Nationwide reiterating my hardship case stating that I can in no way pay back that amount in one go so I am again reclaiming the charges. This is after the 8 week period from their last letter stating they would close the file if I did not respond, albeit I did send the letter about not being able to pay the OD if they didn't pay out.

I suspect I will once again get the "no we will not pay you" letter. What will my options be then (if any)?

8th Feb 2010 UPDATE - I wrote to the Chief Executive via his email address last night and got this reply this morning:

"Thank you for your email, addressed to Graham Beale, our Chief
Executive.

Mr Beale was sorry to learn of your concerns and has therefore asked us
to arrange for the matter to be investigated. You should receive a
response very shortly, although this will be by telephone and/or letter
rather than email to ensure confidentiality."

I wonder what the outcome will be? Has anyone else tried this route?

natweststaffmember

Wispa1 wrote: »

Hi - a really quick question here. Would charges I have incurred on my Car HP/Loan accounts be reclaimed via the bank charges route or via the credit card route? With many thanks for your advice

Bank charges route ie UTCCR 1999.

natweststaffmember

markdsmith wrote: »

Please help.

Last year I was claiming against Nationwide for bank charges. These totalled £3,175 with interest. Nationwide wrote back stating that because of the court case they wouldn't be paying me out.

I therefore wrote back stating that I was claiming under hardship as I was struggling to pay the debts I had and the recurring charges were making things worse. In fact, the charges always seemed to come out just before my DDs were due, so I ended up paying more charges as these took me over the limit again. If the charges hadn't have been imposed, then the DDs would have gone through with no problems at all.

Again they wrote back stating that they wouldn't pay out as they believed my income was sufficient to cover my payments and would leave me £400 per month to feed and clothe myself, my wife and my three teenagers (do they have kids?). This contradicted my statement that showed if I paid the full amount on my debts I would in fact have less than £100 a month for this. At this point I opened another account just in case of them closing mine due to the complaints.

I transferred all my DDs to the new account and have not suffered since. When the account was transferred, I had an overdraft with Nationwide which I could not afford to pay off all in one go. I therefore wrote to them stating that as they would not repay my bank charges, that I would be unable to settle the overdraft facility in full and requested they offer me a solution to the problem upon which we could both agree. I never heard anything from them until this week when I received a demand from a debt collection agency for the whole amount of the overdraft (which was about £1500 but is now over £1800!!).

I have written back to the Nationwide reiterating my hardship case stating that I can in no way pay back that amount in one go so I am again reclaiming the charges. This is after the 8 week period from their last letter stating they would close the file if I did not respond, albeit I did send the letter about not being able to pay the OD if they didn't pay out.

I suspect I will once again get the "no we will not pay you" letter. What will my options be then (if any)?

Sue them in court for the fees would appear to be the only remedy I can see.

markdsmith_2

natweststaffmember wrote: »

Sue them in court for the fees would appear to be the only remedy I can see.

Should I not go the FOS route first?

markdsmith_2

Please help.

Last year I was claiming against Nationwide for bank charges. These totalled £3,175 with interest. Nationwide wrote back stating that because of the court case they wouldn't be paying me out.

I therefore wrote back stating that I was claiming under hardship as I was struggling to pay the debts I had and the recurring charges were making things worse. In fact, the charges always seemed to come out just before my DDs were due, so I ended up paying more charges as these took me over the limit again. If the charges hadn't have been imposed, then the DDs would have gone through with no problems at all.

Again they wrote back stating that they wouldn't pay out as they believed my income was sufficient to cover my payments and would leave me £400 per month to feed and clothe myself, my wife and my three teenagers (do they have kids?). This contradicted my statement that showed if I paid the full amount on my debts I would in fact have less than £100 a month for this. At this point I opened another account just in case of them closing mine due to the complaints.

I transferred all my DDs to the new account and have not suffered since. When the account was transferred, I had an overdraft with Nationwide which I could not afford to pay off all in one go. I therefore wrote to them stating that as they would not repay my bank charges, that I would be unable to settle the overdraft facility in full and requested they offer me a solution to the problem upon which we could both agree. I never heard anything from them until this week when I received a demand from a debt collection agency for the whole amount of the overdraft (which was about £1500 but is now over £1800!!).

I have written back to the Nationwide reiterating my hardship case stating that I can in no way pay back that amount in one go so I am again reclaiming the charges. This is after the 8 week period from their last letter stating they would close the file if I did not respond, albeit I did send the letter about not being able to pay the OD if they didn't pay out.

I suspect I will once again get the "no we will not pay you" letter. What will my options be then (if any)?

8th Feb 2010 UPDATE - I wrote to the Chief Executive via his email address last night and got this reply this morning:

"Thank you for your email, addressed to Graham Beale, our Chief
Executive.

Mr Beale was sorry to learn of your concerns and has therefore asked us
to arrange for the matter to be investigated. You should receive a
response very shortly, although this will be by telephone and/or letter
rather than email to ensure confidentiality."

I wonder what the outcome will be? Has anyone else tried this route?