Reclaim Unfair Bank Charges Discussion Area

Jamesdusk

Jamesdusk wrote: »

Hi, I filed a claim against Llloyds TSB for £1412.50 on the Moneyclaim website, which cost me £120, taking the total to £1532.50.
I recieved a letter from the court this morning saying the bank had filed a defence, with the allocation questionnaire to fill out.
The exact wording at the end of the letter is as follows:

"You must complete the allocation questionnaire on or before the on 07 April 2007 and return it, where the claim is over £1,500, the court fee of £100.00 to POOLE County Court."

Do I have to pay another £100 on top of the £120 as my original claim was for less than £1500 or has the £120 been taken as part of the claim?
Could anyone help me on this as I am very confused and becoming quite poor!!

Thanks!

@Edinburghlass - Thanks for your help! You've put my mind at rest!

Can you also help me out with this as I want to get the ac sent off asap?

Edinburghlass_2

As your claim is under £1,500 you don't need to pay the extra court fees. You'll find the guide to the AQ in the Reclaim Help Thread which is linked in my signature.

Twinkly

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

Claiming from them myself and instead of full details of all default charges I got an obviously incomplete list in their letter and basically a refusal to refund anything. They said ' as you are aware the Office of Fair Trading arent challenging the rights of banks to add default charges, but merely the level of those charges'.

Ahuh, ok , but I am not complaining to the OFT so on we go and I want full details thanks....

I researched the success thread thoroughly in advance of starting any action and there are 17 cases of Capital One in there. 15 paid in full eventually and 2 people settled for less but half of the original claim. I can only see two cases where they got as far as court and defended but they still settled in full.

Keep going with the process, send the LBA and good luck

bankh8er

hi all
my partner and i are in middle of claims.first my barclays are at the get back to you in 8 week stage which i have just stuck to my times not theirs so will be filing soon.and similar scenario with halifax.
the main problem is with my partners natwest acc they told her after one letter she had an offer over the phone only to be told it will take 3 weeks to post....( i know the royal mail is slow....but) so the 3 weeks have past and within that 3 weeks calls have been made to chase it up and been told now there is no offer then there is then we request a duplicate letter to be told same again another 3 week wait or even that a letter was never despatched in first place but the computer does show an offer ....AH AH AHA AHAHAHAHAGAHAGAHAGAHAG!!!!!!
what they playing at, would rather not file mcol due to cost

Twinkly

Helmbroken wrote: »

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

You cant reclaim interest per se off the account but you can reclaim interest on the charges, this is what the calculator is for. I am using it gleefully. Depending on the date of the charge the interest really racks up.

Celicaman

Hi all,
I have just rang my old Mortgage lender, Northern rock, for a copy of 2 years mortgage statements and the lady said they charge £20 each for this service, so will cost £40.
I asked how they could justify this and she said it was put out to a outside company???!!!!!
I Knew there would may be a charge of £10 but £40 is profiteering.
Any suggestions

Twinkly

bankh8er wrote: »

hi all
my partner and i are in middle of claims.first my barclays are at the get back to you in 8 week stage which i have just stuck to my times not theirs so will be filing soon.and similar scenario with halifax.
the main problem is with my partners natwest acc they told her after one letter she had an offer over the phone only to be told it will take 3 weeks to post....( i know the royal mail is slow....but) so the 3 weeks have past and within that 3 weeks calls have been made to chase it up and been told now there is no offer then there is then we request a duplicate letter to be told same again another 3 week wait or even that a letter was never despatched in first place but the computer does show an offer ....AH AH AHA AHAHAHAHAGAHAGAHAGAHAG!!!!!!
what they playing at, would rather not file mcol due to cost

Perhaps a visit to the local branch and an appointment with the manager there might clear things up immediately. If there is an offer on computer the manager *should* have the authority to credit it to the account. If he doesnt he can ask his superior for authority, make him earn his salary

Push this one and dont rely on telephone calls and 'lost' letters. Good luck

Twinkly

Celicaman wrote: »

Hi all,
I have just rang my old Mortgage lender, Northern rock, for a copy of 2 years mortgage statements and the lady said they charge £20 each for this service, so will cost £40.
I asked how they could justify this and she said it was put out to a outside company???!!!!!
I Knew there would may be a charge of £10 but £40 is profiteering.
Any suggestions

You asked for copies of statements so its all in the wording of your request.

You need to write enclosing a cheque or postal for £10 and request details of your account as is your entitlement under the Data Protection Act 1988. , Give account number name and full address with postcode. You are effectively filing a SAR (Subject Access Request) with this wording and only the £10 fee applies to this.

There is a template in the main article here :http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,

Good luck

Celicaman

I am in same situation, they offered £74.00 goodwill gesture instead of £198.00 plus interest, i replied no thanks using one of the templates on the 8th march giving 14 days to reply and now await fo them to reply or i fill in the MCOL claim form.

i got this template from either this site or the consumer group site.


INSERT YOUR ADDRESS

EXECUTIVE OFFICE
ERC DEPARTMENT
CAPITAL ONE BANK PLC
PO BOX 5281
NOTTINGHAM
NG2 3HX

INSERT TODAYS DATE

Dear Sir

REF: ACCOUNT NUMBER: XXXX-XXXX-XXXX-XXXX
I refer to default charges applied to my account amounting to £XXX, which I have requested you pay back.
Thank you for your offer of £XXX as a gesture of goodwill. I am happy to acknowledge this as partial payment of the money owed to me, however I will still be looking for payment of the outstanding amount and this does not constitute closure of my overall claim. I am writing to inform you that I intend to claim the full amount (£XXX) up to the date of judgment and court fees in the proceedings through the county court.
I have attached a full schedule of the charges with this document.
With regard to your comments concerning the OFT statement of April 5th, whether or not you disagree with the OFT's analysis is frankly irrelevant.
Indeed, your response indicates that you have clearly missed the whole point of the OFT enquiry, and subsequent statement. In line with the OFT, customers also agree that banks have a right, as a business, to levy charges where there has been a requirement to intervene in customer accounts. The argument of customers, and also of the OFT, is that these charges must be fair, proportional, and a reflection of the actual loss to the bank for their action.

When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.'

Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'

As you are clearly aware, most banks, as well as the BBA, have indicated that they think the analysis is wrong, unfair, or only related to credit cards. However, the fact remains that the OFT has stated it is subject to all consumer contracts - including bank accounts, overdrafts and mortgages

When the OFT makes a ruling, then creditors are expected, and indeed required, to comply. All banks and credit card companies, in general, hold licences to lend money under the Consumer Credit Act 1974.
With this in mind, and considering your ill-judged analysis, I may refer this to the OFT for misrepresentation, and one of the punishments available, is the revoking of a licence under the 1974 Act.

I look forward for a full response to this letter within fourteen days, otherwise I will commence court proceedings to reclaim my money without further notice.

I look forward to hearing your comments.


Yours faithfully,


I also added this after reading further posts, which is to help stop delaying tactics if it goes to court.


'should you wish to defend this action in court, i require full contact details of your chosen representative and will forward these details for their retention and persual in advance'

ness2020

Hi

I have received what seems to be the usual letter from Barclays saying they are looking in to my complaint, I am aware from what I have read on this site that I need to work to my time scale and not their's. I am now preparing my second letter with regards to court action however I am unsure which court I need to put in to the letter, would this be any local county court in my area?

Any advice would be much appreciated.
Thank you in advance