Reclaiming in the USA?

johncolin78

Hi all,

Firstly must thank this site for all it's help in getting my money back of the banks. Currently have first claim in court awaiting offer/capitulation/defence.

Keep at it anyone who is still in the process!

So, here's the rub, I am in the USA at the moment and doing this all remotely, (really not that difficult) and was really annoyed to see the amount of money Bank of America have taken in charges from my girlfriend over the past few years. My instant reaction was that seeing that the American legal system is based on English Law and the Eighth Amendment specifically refers to excessive bail and penalties, then theoretically charges could be claimed back in the same way as the UK.

Everyone I have spoken to thinks I am crackers and just accepts the charges. I have rung around so many consumer lawyers trying to get some kind of American perspective, but for the amount of them that there are here, they are very hard to get hold of (and don't return messages!) speaking to a paralegal (legal secretary) she could see the logic behind it but obviously wasn't qualified.

Can anybody help????? Would love to hear from UK and US readers alike.

Would really love an American precedent to quote in small claims court notes as I have already initiated the letter process (why wait?).

Thanks for reading and good luck with all your reclaiming.

John

johncolin78

Just had conversation with American consumer lawyer who encouraged me to continue with my claim, was really interested in everything that was happening in Blighty. Warned of an arbitration clause which the banks may use to further block the addressing of the issue, i.e. Illegal charges. The banks will state that before any class action, an arbitration process must be entered into with the bank and claimant. However he also stated that claiming the arbitration clause was defective (in much the same ways that the original terms and conditions on UK accounts are defective.) was enough to scare them a ltille. The banks then tend not to contest as the arbitration clause is so dear to them.

nel

THANK YOU

this is an issue i have been telling my husbands family about (they are in Pittsburgh USA) but they have never heard of it before, please please do keep going with it there are so many people getting ripped off over there to, and plus if we ever decide to move back there it will be useful information....i would be VERY interested in the out come of your claim if you persue it

nel

Irezumi_Muzan

Let me know how it goes. I went overdrawn by $2 with WaMu the day I left the US to move back to Wales and they charged me $100 a day until they wrote to me in the UK... 27 days later...

Paky

John great to see some Yanks rebelling against this loansharking, I am in the same boat, I am initiating claims against my bank also. I am in the first letter phase, I will let you know how things go for me, they have already offered me $100.00, nice deal huh, they keep $640.00 and I get a 100.00 for what amounts to a $300.00 loan over a 2 week period. Don't think so, I will go for the whole enchilada or nothing, well maybe half, I have to think about that one,

I feel I have nothing to lose they already have my $740.00 in overdraft fees, that's like 2000% interest that they took in a 2 week period, keep us informed as to how you do, it was encouraging to hear that the consumer lawyer urged you to go forward,
Good Luck and at least have fun playing David against Goliath
Paky

johncolin78

Thanks everyone for letting me know there are others out there. Was initially so surprised to hear that no-one here had heard of claiming charges back a la UK. I will put all my progress on this thread positive or negative so keep checking form time to time. Of course when I get the money back in full I will be sure to let you all know as well as Martin and the guys who run this site.

Keep at it everyone good luck!

johncolin78

Called Bank of America today to get update on first letter as no acknowledgement sent. Told that the department that deals with it (Executive relations) cannot be reached by phone at all.

So, sending off second letter with a 7 day deadline tomorrow morning.

Incidentally, the figure I am chasing is $1120 for my girlfriend (with interest)

johncolin78

After speaking to someone who works in a self help legal centre. I was advised to change my approach, at least tweak it to direct in the right way. The way it works is that the notice must be served on the bank. This involves me going into my local branch and "serving" the notice upon Bank of America (Has to be me as the notice cannot be served by the defendant, it has to be someone else). After this the process is similar to UK as in the small claims process. I have also found a resource where I can find a legal precedent to quote in my court case. So 7 day notice to be served tomorrow, I am not optimistic that they will offer or settle as they have not even acknowledged my first communications.

As always I will let you know what occurs.

johncolin78

So, handed the 7 day notice of court action to the branch and got them to sign for it. They then send to the subpoena processing dept in Downtown L.A. Hopefully something will come in the mail in the next week or it looks like it's a matter for the Ventura County Superior Court.

(Second claim filed in UK court for Credit cards this morning)

Good luck everyone in your own reclaimings

nel

thanks for the update john

look forward to the next one

good luck

nel

Paky

thanks John for yhr update, still working on mine, I will also let everyone know how it goes
Best of luck for the little guy. Damn Banks and thier money making scams
Paky