Reclaimed Bank Charges SUCCESS stories

pigsmightfly

Wholly wrote: »

I worte to Lloyds asking for £1400 back, had to write the 2nd one as I didnt get a response. I just checked my balance and have been refunded 750. I dont know if I can ask for the rest back now. And if I do, and they dont like it, can they take the original 750 back?
(hope this is in the right place!)

Send a letter to them telling them you will accept this £750 as part payment but you intend to carry on your claim for the full amount...then just carry on your claim as normal

Mandy1980_2

Hi

I have done a search but maybe i am being dumb. . . what do you do if the bank does not respond to your request for your bank statements and you have proof that you sent them?

Thanx - Im new to this!

pigsmightfly

Mandy1980 wrote: »

Hi

I have done a search but maybe i am being dumb. . . what do you do if the bank does not respond to your request for your bank statements and you have proof that you sent them?

Thanx - Im new to this!

I used advice which was previously posted on here but can't find it at the moment. I sent them one more letter saying the following:

ACCOUNT NUMBER XXXXXXXX

I sent a letter and £10 cheque on the [insert date of first request] requesting six years of bank statements as is my right under the Data Protection Act. I have been expecting copies of my statements within the 40 days stipulated under the D.P.A. As yet I have not received any correspondence from you.
By not supplying the information I requested, you have breached my rights under the D.P.A. You leave me with no alternative that if I do not receive copies of my bank statements within the next seven days, I will forward copies of my requests to the Information Commissioner.

I look forward to your timely response.

Find enclosed a copy of my original letter.

Hope this helps

Twinkly

esmerellda wrote: »

The period starts from when you issue the court claim.

I believe you can claim back up to 15 years using s.32 but thats just from reading about.


Section 5 - is what the banks tend to rely on in defence - Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. The act also defines 'action' as meaning court proceedings. Practice Direction 5.1 (CPR Part 7) also defines the bringing of the action as the date the claim form is issued.

So to counter that you have to prove delibarate concealment of mistake in that the charges were unlawful. Using s.32.

The probelm comes, and why I say dont accept any partial offers after a court claim ahs started, is if you go into court with solely pre 6 years charges. Then the unlawfulness of the chares is not an issue to the court only the concealment. Hence if the charges have not been deemed unlawful, theres pretty much no case to answer. A couple of pre 6 year claims have been struck out on that basis.

The reasonable diligence in discovery bit - I think its accepted that the discovery could have been made with reasonable diligence about the time of the April 2006 OFT report.

Thank you for your prompt and detailed reply it is very much appreciated

I've used the additonal information you have provided this is my interpretation of the 'whole section 32 thing'.

From your post I quote:
"Section 5 - is what the banks tend to rely on in defence - Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. "

For example: if you discover a charge made in 1991 (15 years ago) then you have 6 years to claim from then up to 1997. The banks would claim that now in 2007 you are out of time.

Using section 32 (c) to counterclaim and state :
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

Quoting section 32 of the Statute Of Limitations Act you would then have legal statute to back claim that the period of limitation runs from the date of discovery (2007) not the date of charge (1991) effectively removing the time limit (1997) to claim. That you can effectively reset the clock on the limitation period and have a further 6 years until 2013 to bring claim against a charge made in 1991.

Or alternatively, using diligence arguement, that the clock is reset to the OFT report in April 2006 so this still gives you until April 2012 to bring claim on a charge made in 1991.

You would need to have evidence to prove a charge made on the account so long ago and it falls outside of the Data Protection Act timeframe of 6 years but there would be people who had statements going that far back and could provide this proof easily.

Is this correct ? I hope my logic is sound. I had a minor stroke in 2003 and since then I've noticed, and family and friends have commented, that my line of thinking tends to flow in a straight logical line pretty much like a train on tracks. Occasionally though there is a leaf on the line that disrupts this and then the fun starts. Consequently I would very much appreciate your opinion/comment on my interpretation and of course correction if neccessary

hammers81uk

Hi,

I cant seem to access the details of where to send my second letter to Natwest Bank, any help please?

Thanks

Nearlydone_3

Bank: Nat West
Amount claimed: 186.62
Amount offered: 174.00 (the amount claimed less interest)

Got a letter this morning offering 174.00 as a goodwill gesture on their part but were told in quite curt terms that if we should want to take this further we would be only offered a limited account that did not offer any borrowing or overdraft facilities - needless to say will be accepting their goodwill offer, to be honest I see this as quite a triumph - it only took the use of your first template letter (yes, they did keep the tenner! Barclays sent theirs back but are being much slower in their reply) and the one with the use of your calculator!! Thanks for your help

Twinkly

hammers81uk wrote: »

Hi,

I cant seem to access the details of where to send my second letter to Natwest Bank, any help please?

Thanks

If you have received reply to the first letter send the second to the address on the reply. If you havent I would send the second to the same address as the first.

Good luck

hammers81uk

Twinkly wrote: »

If you have received reply to the first letter send the second to the address on the reply. If you havent I would send the second to the same address as the first.

Good luck

Thanks but i didnt receive a letter with the statements and i dont have a copy of the address i sent the first too, it was on here somewhere but the thread has gone : (

Twinkly

hammers81uk wrote: »

Thanks but i didnt receive a letter with the statements and i dont have a copy of the address i sent the first too, it was on here somewhere but the thread has gone : (

Have a look through the Reclaim Bank Charges Help Thread here :

http://forums.moneysavingexpert.com/showthread.html?t=400981

The second letter you mean is the one reclaiming the charges ( I got a tad confused sorry) that would be the registered address for your bank then (in the thread above) or your local branch.

pigsmightfly

hammers81uk wrote: »

Hi,

I cant seem to access the details of where to send my second letter to Natwest Bank, any help please?

Thanks

I sent my first letter requesting statements to Natwest at the following address:

Natwest - Mr. Alex Lyons
Data Protection Manager
Retail Regulatory Risk
2nd Floor Business House B
Gogarburn
P.O.Box 1000
Edinburgh
EH12 1HQ

I got a reply from:

MINT
Customer Contact Centre
Customer Service
PO Box 6050
Southend-On-Sea
SS99 1WL

They must be part of the same group so you may want to contact the second address