Reclaimed Bank Charges SUCCESS stories

willis

Bank: Barclays
Claimed: £25 + interest
Received: £25
Not much compared to other people, but very welcome all the same!
Thanks so much Martin, you're fantastic.

Twinkly

Edinburghlass wrote: »

Place for obscure questions

This site has a pub, doesnt get any better than that does it ? :rotfl:

esmerellda

Twinkly wrote: »

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. YES

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. YES

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. NOT SO SURE ON THAT ONE.... I have some bits I'll look up later about the diligence argument - I'm sure you are obliged to bring a claim as soon as is reasonably possible after you could reasonably be expected to discover the mistake/fraud etc

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. theres no data protection act time limit of 6 years - DPA covers EVERYTHING they hold about you as far back as they have records....if they say they dont have statements back to 1997 you ask for a certificate of destruction..will get more on this later on too

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

Hopefully that helps a little, you are thinking on the right lines, we do tend, as claimants, to interpret the legalities surrounding the issues to help our cases, we need to ensure we look evenly at the way the banks will interpret the legalities to argue against us and prepare for all eventualities I'll be out a fair bit today but I will try and come back this evening with further thoughts

steviebee_2

can I just go for more tham £750 anyway and hope for the best?

Krissi1510

Bank: Natwest
Claimed: £3226
Received: £3226

Sent first letter off on 19th Feb, received a standard letter about 10 days later letting me know they were looking into my complaint and would relpy to me with in 10 working days. Heard nothing after 10 days so got my second letter all ready to post...

Got home last night to find a letter from Natwest (dated about 7 days ago!)saying they didn't think any of the charges were unfair blah blah blah but as a gesture of goodwill WITHOUT admitting fault/liability they were prepared to offer me the full amount, RESULT..! :rotfl:

Edinburghlass_2

steviebee wrote: »

can I just go for more tham £750 anyway and hope for the best?

What stage are you at exactly? If you are at the first stage, yes put in your claim for whatever amount it is.

jonny75_2

I tried to post this last night but I don't think it worked.

I have a claim with HSBC for £850. Went through the first letter, then the second letter, with no response. The same day I went to moneyclaim I received a letter saying they are looking into it. They have now offered £720. I would be happy to accept it, but I've paid moneyclaim £80 so in effect I am now owed £930. Is it too late to stop the moneyclaim process (bearing in mind when I search my claim it says HSBC have acknowledged it).

Have I jumped the gun? Should I try and get the £720 or ride this one out?

steviebee_2

Im at the stage of sending away to claim my money i have all the charges with interest tallied up and printed out, theyre due me £1558.97 incl interest.shall I just send it off? and should I send it recorded delivery?

Twinkly

esmerellda wrote: »

Hopefully that helps a little, you are thinking on the right lines, we do tend, as claimants, to interpret the legalities surrounding the issues to help our cases, we need to ensure we look evenly at the way the banks will interpret the legalities to argue against us and prepare for all eventualities I'll be out a fair bit today but I will try and come back this evening with further thoughts

Thats wonderful, thank you so much for your time and investigations. You're right we do need to source and check information carefully and I am trying to ensure that, regardless of the outcome, that the legalities do actually apply and how - even if it is not in my favour. My OH has potentially been charged thousands in business accounts that he could claim back if the 6 year limit can be successfully challenged and scrupulous preparation is the key to this. You have helped tremendously to clarify things for me and it is very much appreciated.

I will be away for the weekend but will check back on monday for your further post on the subject.

sakura24

Bank: First Direct

Amount claimed: £1997
Amount recieved:£1697 (85%)

Sent off very polite letter stating charges unfair and that I would like a refund. Recived offer of 85% within 2 weeks! I have accepted offer, as I do wish to continue banking with 1st direct and this offer was "without prejudice" on both sides. I know I could have held out for whole amount, but I freely admit that I have not been the best customer and must have cost the bank something!

However......next stop - my Nat West account! I will keep you posted.