Reclaimed Bank Charges SUCCESS stories

dunniebhoy

Hi
I have had a claim going against LTSB since 20/06/06 and I am still no nearer getting my money back, it has gone past the stage of asking for a court date now, the bank asked for a one month stay and that ended in December, I then wrote to the courts asking for a court date to be set as I had not had any contact from the bank, I have now received a letter from the courts stating the following:
1) The claimant shall by 20 February 2007 send to the Defendant BUT NOT to the court:

a) A schedule setting out each charge repayment of of which is sought, showing the date, amount and alleged reason (if any) for that charge being made.
b) Copies of any statement or other document relied upon as showing that each and every such charge has been made.
c) A statement of his evidence , if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.

2) The Defendant shall by 13 March 07 send to the Claimant BUT NOT the court a response to the claimants schedule, stating in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.
b)Whether such charge is accepted to be a penalty (or otherwise not payable eg UCTA) and, if not, why not.
c) If such charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

3) The Claimant and the Defendant shall when complying with paragraphs 1 and 2 above send to the Court proof of such compliance.

4) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

My apologies that this post has gone on a bit, but I really need some advice on this, I feel like giving up now.

Regards

Edinburghlass_2

rosey40 wrote:

Also if Direct Line refuse to pay out for these charges after all, will we still be able to reclaim any charges through this usual way?

Yes ..............

Edinburghlass_2

chomps13 wrote:

I am with Lloyds - could I ask you a quick question? The 40 days are nearly up but I have not received my statements, should I phone the place I sent them to? And if so, is this usually enough?
X

Yes, give them a ring.

Edinburghlass_2

chekhov wrote:

I filed my claim against Lloyds TSB at the beginning of January. I have just received notification that they wish to defend the claim along with an "allocation questionnaire" which must be completed and returned on or before 02 March 2007. In addition "A fee of £100.00 is payable by the claimant on the filing of their allocation questionnaire."
Is this a new tactic to deter the resovle of the claimant or has it always been part of the process? Also is there a template for filling in this form?

Both questions are answered in this thread.

http://forums.moneysavingexpert.com/showthread.html?t=304064

Edinburghlass_2

Jinxs wrote:

Hi I am nearly at the court stage with Barclays and this would be great that I don't have to pay the court costs as I claim WFTC! Hee Hee :rotfl: :j :rotfl:

The exemptions for court costs also depend on income level and you have to apply at your local court rather than online.

http://www.hmcourts-service.gov.uk/infoabout/fees/exemption/exemption.htm

Tinwe

Just got my first refund. Halifax called and offered £200. I declined so they asked what i would be willing to accept. I stated I would take it further unless they offered the full amount for the charges but would accept an offer without the interest I'd calculated. They refused but the next day a letter arrived offering the full amount (less interest)!

£592.00 - very happy, thanks all who helped :j

Now to claim on my other accounts...

Rex_Mundi

dunniebhoy wrote:

My apologies that this post has gone on a bit, but I really need some advice on this, I feel like giving up now.

DONT GIVE UP NOW!!!

You need to do a bit of work yourself here, but your bank has also been ordered to produce additional things as well. This is an order for directions from the judge. He is asking you to provide the court with more information regarding your case. There is also chance the bank may not send in the required info. If you don't provide these details to the court, they will likely strike your claim out.

Go over to https://www.consumeractiongroup.co.uk and download their court bundle. Look at the index page, and add the first few items to the bundle (list of charges, and copies of all your statements with charges on). Number the pages you are supplying to the court, and put the numbers in the index next to the relevant heading. This will fulfill your requirements for the court.

Tinwe

Ps just looked back and there was a rolling total. have added up all since then to reinstate it and included mine (above)... i think it's now

£447,741.49

:j Please keep it going :T

dips1105

dips1105 wrote:

Nationwide

Please can someone help?

- MCOL claim entered on 29/01/07 for £432.13
- Acknowledged on 31/01/07
- On 07/02/07 £262.36 and £50.00 was refunded and I had a letter to that effect. Letter stated it could not refund any further as they had no other record of charges. After speaking to a member of the Northampton Service Centre, she said to send a breakdown. I told her, they already had a copy but sent another one recorded delivery which they recieved on 10/02/07.
- On 13/02/07 £120 was put in to my account and shows as correction - the same as the other amount above. I have not recieved a letter to state what this is for. Do I assume this is another refund???

After the first refund, there was £169.77 outstanding. If I do assume the £120.00 is another refund it means there is only £49.77 outstanding.

Would you wait for Nationwide to get in touch or would you contact the bank to find out what the £120 is???

How do I inform MCOL that I have had some of it refunded? The 28 days are up at the end of the month, what happens then???

Oh, by the way I have had 2 letters from Nationwide saying they are closing my account - the letters have different dates on them.

Thanks in advance, sorry its a long post

p.s. MCOL now states defence

Bump Bump !!

blondiebee_2

samjocky wrote:

I wrote to HSBC on 8 Feb using the template letter and the fantastic calculator to work out my charges. I sent the letter recorded delivery. I received in the post today a letter thanking me for my letter and saying that they would be looking into the matter. Is this a delay tactic? How long should i give them to "look into it" before I start my money claim online? My initial letter said I would give them 14 days to respond but now i have this letter from them, should I give them more time?

I claimed £3666.68 from HSBC. I sent the 1st letter. No Reply. I sent the 2nd letter threatening court. They replied and stated that they were looking into all cases (they have now set up new department to deal with these claims), but the claims are taking up to 8 weeks to process, as they have so many. I definately got the impression that they are paying out, but it will take a few weeks.

Call me impatient, but i filed on MCOL anyway! just to speed things up a bit.
And, i HSBC dont seem to be paying out interest, so that was another reason to go to court.

Hope this helps anyone with HSBC claims.