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Reclaim Bank Charges Help Thread



  • nickmack
    nickmack Posts: 4,435 Forumite
    First Anniversary Combo Breaker First Post
    edited 3 February 2010 at 3:15PM
    The bank have told me it will cost £5 per statement requested to get my charge details, what can I do?
    You must make the request under the Data Protection Act, there is a maximum charge of £10 payable for all information held.

    I have more than one account with a bank do I have to send separate letters and cheques?
    No, one letter and one cheque

    40 Days and no information/statements

    Can I claim on closed accounts?
    Yes you can.

    The bank have told me it will take x number of weeks to investigate my complaint, shall I wait?
    No, if you have followed the templates, you have given them sufficient time at each stage to resolve the matter. Continue with your timetable.

    Has anyone been successful claiming from x bank?
    Virtually every UK bank has repaid charges, even if they haven't the principle applies to all banking institutions and therefore following the process should allow you to claim your charges back.

    I have sent the first letter and haven't had a response within the timescale, do I now send the second letter?

    I have sent the second letter and haven't had a response within the timescale, do I now start the FOS complaint/court claim?

    I haven't heard anything, should I phone up and chase the bank?
    Generally it's better to communicate by letter only, however if you're confident you know what you're doing, some people have had success in speeding up the process by calling.

    I can't afford the court fee, what can I do?

    If you meet certain criteria, you may be eligible for a reduced fee or complete exemption. See this link for details:

    I'm scared I might end up in a court room, what are the chances?
    It's unknown at this time whether you will actually get as far as appearing in court, you should be aware that a possibility does exist though.

    Will the bank close my account if I claim?
    Maybe, some banks have in the past, there seem to be no hard and fast rules. You need to be prepared in case this happens including making arrangements to pay off any overdraft facility.

    What happens if the bank do close my account?
    At the present, it's unlikely you will perusade them otherwise, however you can complain to the Financial Ombudsman who have forced a bank to pay compensation to a customer whose account was closed. Before you go to the FOS, you must first exhaust the banks internal complaints procedure.

    Will the bank demand repayment of my loan/mortgage etc I have with them when I claim?
    If the payments are up to date, it's unlikely they will do this as they're covered under a seperate agreement.

    The bank have offered me a part of my claim, should I accept it?
    This is a personal decision, if you're happy with the amount offered then take it, otherwise you will need to let them know it is only being accepted as partial payment and you will claim for the remainder.

    The bank have offered me part or all of my claim but have said I must sign a confidentiality clause, what shall I do?
    If you do sign the letter, you must honour the clause. Many people have just crossed out this clause and returned the letter, the banks have still payed up. Generally, they are not in a position to make demands like this.
  • Beate
    Beate Posts: 3,522 Forumite
    First Anniversary Combo Breaker

    Once you file your claim, you will see this:
    Status: Requested
    Your claim has been submitted to the court for final validation before being issued.

    Then, usually a day later, it reverts to this:
    Status: Issued
    Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

    The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

    Status: Acknowledged
    If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

    Status: Defence
    If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
    If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
    If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

    This is how it usually happens. Alterations from the norm are possible of course.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
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