Reclaimed Bank Charges SUCCESS stories

bobsa1

Got an offer from HSBC today for £2640 and a few pence. I was just filling in the court papers after they registered a defence. I've accepted as it was only 40p shy of what I had asked for.

Barclays still going to court. I'll keep you updated

number8_2

Why should banks pay it back if you dont fulfil the terms of the contract? Not trying to get anyones backs up, but I do not understand it.

ktj1983

Anybody got a copy of the letter that they sent to the bank?

dchurch24

number8 wrote:

Why should banks pay it back if you dont fulfil the terms of the contract? Not trying to get anyones backs up, but I do not understand it.

Quite right. A thief should be allowed to keep whatever it was they stole, even after they have been caught red-handed.

If I had a contract with you that said I could steal from you, would that make it lawful? No, of course not. The laws of this country supercede ANY contract.

In English law (and that of many other countries), it is legally unenforcable for a second party to penalise another for a breach of contract terms. A penalty is defined as an amount greater to the amount in question (in this case, a bounced DD for say, £15 and subsiquent charge of £35) and/or is an amount that is higher than the maximum cost to the second party resulting from the breach.

That is why they should pay it back - either that or let a judge decide in a courtroom where a precident could be set. ...but that won't happen, because then they will be forced to stop doing it - this way (paying it back) is cheaper as the vast majority of the population do not know that it is unlawful, and by paying back the minority and avoiding a declaration from a judge, they can carry on fleecing the rest.

Got it now?

dchurch24

ktj1983 wrote:

Anybody got a copy of the letter that they sent to the bank?

Have a look over at https://www.consumeractiongroup.co.uk - there are template letters in the forum. You have to register, but it's free.

BarmyBubba

I gave my bank 14 days to repay me in full or I would begin court procedings. Tomorrow is the 14th day. Should I actually begin action or give them a little longer?

Confused_Jo

The Coop bank xmas before last incorrectly bounced a DD for our mortgage.
C& G initially said there was no fee. Then wrote to inform us it was £20 with an apology.
Would this be considered as an unfair bank charge, even though it is set out in large print in the T&C of the mortgage?
thanks
Jo

dchurch24

BarmyBubba wrote:

I gave my bank 14 days to repay me in full or I would begin court procedings. Tomorrow is the 14th day. Should I actually begin action or give them a little longer?

Would they give you any longer? Send a letter before action allowing 14 days before action is started (they reasonably have 28 days under the CPR).

marky1314

I was owed £99 off abbey for charges going back to jun'05.

I thought I might aswell ring the complaints department today before I started the letter process and they agreed to refund the £99.

Just checked my account online and they refunded £131 by mistake, an extra £32!

That was painless :j

sammykate_2

Bank: Natwest
Amount Reclaimed: £415
Amount they paid:£415
The story:

The £415 was all charges made within 5 months and I was shocked when I added it up and realised how much money Natwest had/was making out of me.

I wrote three letters to Natwest (1st asking for charges back, 2nd asking again and threatening court, and 3rd warning of impending court action) and Natwest replied to all saying the charges were fair and they wouldn't refund me. I then filed a claim on the internet.

It was really easy to file the claim, although it cost me £50 (which was refunded in the reclaimed money). I then received notification from the court that the claim had been filed and Natwest had appointed a solicitor to defend it (I got a bit worried at this point!). But low and behold, a week later I received a recorded deliver letter from the bank of Scotland for the full amount.

The letter said that 'Natwest didn't think their charges were unfair, however, it would cost more to go to court so they were willing to pay'.

I have used the money to pay off my overdraft so they can't charge me anymore!!!

Brilliant, great, wonderful. Thanks!!!:beer: :j