Reclaimed Bank Charges SUCCESS stories

kaz07

the money i ow for the 2 over drafts are with credit management and im paying £10 a month, by all means depending on what i get from the account which i ow £879 i may pay a lump sum off, but as i have an agreement and never broken it i dont see why i cant stick to this and re pay bigger and more important debt. i ow so much money coz im with a useless bank, with barclays now which i think is much better

Twinkly

pigsmightfly wrote: »

Originally Posted by pigsmightfly
Ok so I am claiming from Egg for charges on my credit card. After ny first letter requesting charges got a letter back saying don't think charges are unlawful, won't be paying etc.

So sent the next letter threatening court action. Got the following reply:

The Office of Fair Trading indidcated that it would not proceed further against Egg on the basis that Egg reduced its charges from £20.00 to £16.00.

Egg takes steps to help you aviod charges. For example the agreement requires you to maintain a direct debit to make your monthy payment so you won't miss a payment. You can avoid going over your credit limit by checking your account online at any time.

I am now due to start a court claim and am aware that this may be a "put off" letter but does anyone know if what they say about the OFT is true?

Don't want to put a court claim in if so and also, I've searched for other people who may be claiming off Egg and can't find any so is this why?

Thanks

pigsmightfly wrote: »

Hi,

Can anyone help me with the above please - it seems to have got a little lost.

Need to know if I should start a court claim or not?

Thanks

The OFT may have indicated that they would not proceed further but the court certainly will and do. Go for it and good luck

pigsmightfly

Twinkly wrote: »

The OFT may have indicated that they would not proceed further but the court certainly will and do. Go for it and good luck

Hi Twinkly - thanks for that.

I know the banks send a lot of put off letters but just with them mentioning the OFT they made me a bit unsure.

Thanks again - I will go and fill in my MCOL claim straight away

Twinkly

kaz07 wrote: »

the money i ow for the 2 over drafts are with credit management and im paying £10 a month, by all means depending on what i get from the account which i ow £879 i may pay a lump sum off, but as i have an agreement and never broken it i dont see why i cant stick to this and re pay bigger and more important debt. i ow so much money coz im with a useless bank, with barclays now which i think is much better

Since they are under agreement then it is my opinion that the banks right to set off can be challenged. The 'loans' are not due and payable since they have not been recalled. Even if they were the bank would have to come to some arrangement to clear the debt based on your income and outgoings and prioritisation of debts the same as before. It is a complicated issue but the article I posted from the Financial Ombudsman should help in some way at least to argue your case.

Good luck

vinegardisaster

Bank: Halifax
Amount claimed: £773 + £148.47 interests
Amount received: £743


Sent 1st letter requesting repayment on 22 Feb
Received standard letter back (we will respond to your concerns within the next 4 weeks...) on 2 March.
Sent 2nd letter threatening of court action on 09 March
Got a phone call on 19 March, they offered 60% (around £500), after few minutes of negotiating, got close to full figure without interests :T

They said it would now take take up to 2 weeks before I receive the money.

Many thanks to MSE Martin and to everyone sharing their experience on forums.

kaz07

Twinkly wrote: »

The bank does have the right to 'set off' any monies reclaimed against an overdraft. You may have some comeback and it depends on your particular circumstances. Please see here for more information about this:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm


Something that may apply is this (from the article):

Certain conditions must be met before the firm can exercise its right of ‘set off’.

one of which is:

The debt must be due and payable. For example, if a customer misses making a loan payment, then (at least until it calls in the loan) the firm can take only the missed payment – not the balance of the loan.

If you have an arrangement in place to pay off the overdraft at a regular payment this clause may apply.


Further in the article it states:

The general position can be modified by agreement between the firm and its customer. This might include:
an agreement that money held by a customer in one capacity can be used to pay debts owed by the same customer in a different capacity.

By which I take to mean that is is worth trying to come to some arrangement with the bank to only take a portion of the refund, stating your other financial commitments.


I personally dont see why they should take money that wasnt lawfully theirs in the first place regardless of it being in their banking system. If they put their hand in my purse it would be smacked hard !


I wish you the best of luck with this

thanks so much but i dont understand all the jargon lol i do know tho they will be closing the account so i can not use them, but they are combining the 2 account so i will ow £1619 plus £879 as a lump sum etc,
but like i said if i for arguments sake get 3k i will prob pay 1k to the debt reducing it to £619 plus £879 a lot smaller,, i also have entered into an agreement of £10 a month for the debt....

so what shall i do??? wait for a offer then tell them i need cheque if they say no to go court?
or go to court now as i was told today they wouldnt do cheques!

vicky12678

Hi

I am going through the reclaiming of bank charges from HSBC, i have just sent them a final letter before court. They have stopped all of my direct debits from going through and have the cheek to still put charges onto the account. I also recieved a letter from them offering me £1300 back when they owe me over £2000.

Twinkly

kaz07 wrote: »

thanks so much but i dont understand all the jargon lol i do know tho they will be closing the account so i can not use them, but they are combining the 2 account so i will ow £1619 plus £879 as a lump sum etc,

Ok removing all the jargon

You can tell them you want a cheque and that because your arrangement is up to date there is no justification for taking the full amount. Advise them that you are willing to pay a lump sum off the overdraft but have other urgent priority debts.

Going to court wont make any difference to the way you are paid, as I said, they do have the right to take the full amount. The key is to challenge this the way I have said and if they refuse to complain to the Financial Ombudsman.

I really recommend you go to your local Citizens Advice about this as you will need their help if you are adamant about them not taking it all. You really do need to be able to understand the jargon to fight it effectively or have someone do it on your behalf.

Best of luck

Twinkly

vicky12678 wrote: »

Hi

I am going through the reclaiming of bank charges from HSBC, i have just sent them a final letter before court. They have stopped all of my direct debits from going through and have the cheek to still put charges onto the account. I also recieved a letter from them offering me £1300 back when they owe me over £2000.

Pfffft. Arrange another method of payment for the Direct Debits and keep updating the amount you want to reclaim right up until the court claim stage. Dont be put off and good luck

cuddly1

:T Called HBOS in Trinity road, Halifax as I am based in Glasgow, sent my 1st letter 10 days ago and not heard a peep so felt I should call and make sure they were starting the process and they hadnt even got it in file to be processed, so I stressed I sent it by recorded del. and have printed copy of signiture recieved, so the really nice guy on the phone got it started for me for 6 years, although for scotland its 5 but left it to see what happens........he said it should be with me within 10 - 28 days .....so heres hoping :dance: .........will keep you posted!!!! Fingers crossed for everyone....inc me too of course.......;) !!!!