Using moneyclaim

Danlad_2

Just wondered if it is possible to make a claim against the banks through the courts without fore warning the bank with the 14 day letter? Also how long does it usually take to get a payout from when you first register the claim with moneyclaim? Thanks alot!

carrielouise80

i think most people would advise against not sending all of the letters as if and when it goes to court the judge will want to see you have given the bank ample opportunity to respond and pay back the charges, the court should be the very last resort. time frame wise it is difficult to tell some are paying out v.quickly others are dragging it out. worse case scenario 3-4 months but it could equally be 3-4 weeks.

Rex_Mundi

Danlad wrote:

Just wondered if it is possible to make a claim against the banks through the courts without fore warning the bank with the 14 day letter? Also how long does it usually take to get a payout from when you first register the claim with moneyclaim? Thanks alot!

No, this will be regarded by the court in a very bad light. A court claim must be regarded as a last resort.

I can't remember the statute now, but if you issue a county court claim, you must be able to show you have made a reasonable effort to settle the claim before you went to court. For this reason, Martins article, and all the other sites dealing with bank charges suggest writing to the bank twice giving them a minimum of three weeks to settle the claim.

If you ignore this advice, and go straight to court, you risk your claim being thrown out by the judge.

Edinburghlass_2

I thought you had three different companies managing your claims for you

Is this what they suggest?

Danlad_2

Thanks for the quick reply guys, I have actually sent out the 14 day letter stating I will take them to court without further notice unless the claim is settled within this time. However when I rang Halifax regarding the matter, they told me they will take between 4-8 weeks so rather then wait another week(to allow the 14 day period to fully elapse) I figured I might aswell just register now seen as I know they are not going to respond in the time frame. Would you recommend I send another 14 day letter after the period? I just think it looks very unthreatening not following through and to keep extending the time before taking them to court. Any advice will be much appreciated, thanks again guys!

Danlad_2

thought you had three different companies managing your claims for you

Is this what they suggest?

Not anymore, I cancelled with chargeclaims.com due to the fact they had taken 3 months and not managed to aquire statments from natwest. I also opted out of 'getbackbankcharges' due to the pretence that they would get interest and the full amount back aswell as back you up in court if needs be. Hence, it was all a load of rubbish so I took over the claims. Because they had gone through the whole process with one claim I could not back out. The claim was for £282 and halifax offered £203. After paying the 30% fee to getbackbankcharges i was left with £140. Abit of a joke given the fact they told me they would get contractual interest at 29% which would make up for their 30% fee.

The only company I am still using for an egg card is Roberson Holbrook who appear quite good so far but I'm not holding my breath. In trying to get statments from egg for a number of their clients, egg have responded saying they will not hand statments to Holbrook unless they can provide genuine documents for each individual(not even copies). I'll let you know what happens anyway, but otherwise stay well away for the first two mentioned in my opinion.

nickmack

Danlad wrote:

I have actually sent out the 14 day letter stating I will take them to court without further notice unless the claim is settled within this time. However when I rang Halifax regarding the matter, they told me they will take between 4-8 weeks so rather then wait another week(to allow the 14 day period to fully elapse) I figured I might aswell just register now seen as I know they are not going to respond in the time frame. Would you recommend I send another 14 day letter after the period?

You should have written them two letters giving them *at least* three weeks in total.

I know people want to rush the process, but you must give them sufficient time to respond.

If it goes to court and you've only sent one letter and allowed only 14 days, as RexMundi says, it could well be thrown out. In this case, you will end up losing money.

matt4504

Hey,

I was just wondering, would the banks have a better chance at winning if no letters were sent to the bank complaining about the charges and Money Claim was used straight away or are the letters just done out of politeness? It's just such a drawn out process. I've been through it with RBS and got £497, it just feels so long.