Reclaim Unfair Bank Charges Discussion Area

Edinburghlass_2

radioquest wrote: »

hello, I was wondering if anyone can help me. I have put in a claim to Barclays for around £2100. After my first letter they wrote back saying they had received it and would be dealing with it within 14 days. Within that period they wrote back again and said they were sorry I had had reason to 'complain', they were dealing with my complaint and would get back to me by 27th March. I am assuming these are just stalling tactics but I am wondering what to do next! Should I wait until the 27th and if I haven't heard anything proceed with the next stage? Any advice appreciated.

You send your next letter, in your timescale, giving another 14 days or you will be taking them to court.

Twinkly

Nikki1000 wrote: »

Natwest they have said that the money will be going to pay off the overdraft but I am paying the Debt collection company. So they have re-opened my Avantage gold account to pay the reclaimed charges into it and then they will close it again? I find this all very odd, and when I asked them are they going to tell the Debt collection company that they are clearing it I was told that was down to me - this claim is currently going through the court and although NAtWest have made an offer which I am happy to accept if I recieve a cheque and not for it to be paid into a "closed" account - I fear this is just another way of them holding onto this money!

It is odd and frustrating but perfectly legal and there are two ways you can deal with this, one easy, one a bit more complicated.

The easy way is to let them take the money and you inform the DCA of the payment advising them to contact the bank for confirmation. Essentially this is the banks way of cutting out the middle men to get its money and they are entitled to do this under the 'right to set off.' If the overdraft is cleared and the DCA called off this is to your advantage.

The complicated way is to challenge the banks 'right to set off' under a clause whether the 'loan is due and payable'.

Please see here for full information on this: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

In my opinion an arrangement with a DCA is an amendment or addition to the banks original terms and conditions and if payment has been accepted at a reduced rate and the loan not recalled then I believe this clause would apply. For loan read overdraft. If the refund will not clear the balance and it is to your advantage to be paid by cheque in full and continue with the payments then you have the option to challenge them. Complain to the Financial Ombudsman for help with this. It is down to individual cases and circumstances as to what the final outcome will be though.

Just my opinion and hope it helps, good luck

radioquest

Edinburghlass wrote: »

You send your next letter, in your timescale, giving another 14 days or you will be taking them to court.

thanks edinburghlass, I was concerned they could be stalling to wait for the OFT ruling but having read other threads I am not sure if that would help them. I will wait for the 27th and if I have no response, send the next letter.

Jamesdusk

Edinburghlass wrote: »

The bank will check your list and won't refund on any charges that are out of date so don't worry about the mistake meantime as they will pick it up.

Ok thanks but in their defence they have written "The defendant is unable to verify the amount claimed prior to 26th February 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

What does this mean? Why have they used this date 26th Februaruy 2001?As the process is at this stage does this mean this minute detail could affect the case?

supersavershal

Hi everyone this is my first post here.I am claiming £330 from lloyds tsb for me.I am still paying an arrangement off of £35 a month on charges they made when i went od in 2001 (they then charged £20 a day until it reached £90.They refuse to let me close the account and charge me £7.50 to keep it open whilst i am repaying bank charges.I am also claiming £2330 from Abbey on behalf of my fiance , wev had an offer of £1005 less than half this morning they have paid £600 into his account allready.I am prepared to settle for less due to the fact I got myself into this mess but not 50% less.Abbey are being funny with us too they have refused us a loan even though we have a great credit history and an existing loan with them.

loubi2136

thank you Twinkly!!!

Edinburghlass_2

Jamesdusk wrote: »

Ok thanks but in their defence they have written "The defendant is unable to verify the amount claimed prior to 26th February 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

What does this mean? Why have they used this date 26th Februaruy 2001?As the process is at this stage does this mean this minute detail could affect the case?

Didn't realise this was their defence, it just means that they will disallow any amounts before that date and not the whole claim.

vicky242a

Hi,

I was wondering if anyone had tried to claim off Capital One? I am having major difficulities with them.
I wrote to them asking for my £756.00 in charges back, only to receive an offer £188.00. I then wrote declining the offer (4 weeks ago) and they have not responded or answer my calls. The deadline i gave them has now passed and i'm not sure what to do.

I cannot see any success stories for Capital One which worries me!!

Any advice will be much apperciated.

Vicky

pigsmightfly

vicky242a wrote: »

Hi,

I was wondering if anyone had tried to claim off Capital One? I am having major difficulities with them.
I wrote to them asking for my £756.00 in charges back, only to receive an offer £188.00. I then wrote declining the offer (4 weeks ago) and they have not responded or answer my calls. The deadline i gave them has now passed and i'm not sure what to do.

I cannot see any success stories for Capital One which worries me!!

Any advice will be much apperciated.

Vicky

Hi Vicky,

I've claimed for 2 accounts off them and won! They do send letters to try and put you off then they will give you a pitiful offer. However, don't give up and make sure you stick to your timescales - not theirs.

If they haven't replied to you, just carry on with the next step.

Here is the link to the Capital One Thread:

http://forums.moneysavingexpert.com/showthread.html?t=304974

Helmbroken

Hi - A Newbie here.

I have taken the fantastic advice from this site & I already have a claim in with HSBC, of which I currently await a reply.
I am ready to send letters also to Capital One & Morgan Stanley.

Can you please tell me if I can reclaim the interest on the credit card charges & use the 'Interest Calculator'?

Thanks.

Helen