Reclaim Unfair Bank Charges Discussion Area

esmerellda

yes you can

littlemiss6969

Hi I was wandering if anyone canhelp me, I'm trying to get my bank charges back from Abbey, I sent the 1st letter asking for my statements but 3 days before the 40 were up I got a letter to say I had to wait longer, I emailed back(i did try phoning but no luck) saying that they had to send my statements within 40 days, I didnt hear anything back, then a week later I sent another letter saying that they have 7 days to send my statements and that time has past now as well, I don't know what to do now, they just seem to be ignoring me, please help..

esmerellda

You need to report them to the ICO and if you feel up to it take them to court to sue them for non compliance and get the judge to order they supply the statements....they will be under threat of imprisonment then so tend to dish them out fairly promptly

not sure if theres much on here about this so have a look at the consumer action group site where they have some templates for filing for non compliance

shoe_2

i think i have messed up help...
i got all my staements from halifax yesterday highlighted all the charges then used martins calculator to ask for intrest as a tactic....
sent the infoe recorded del 2day...got home from work and the halifax have sent me a list of charges totaling double than i have asked for and i went through every statement with a fine comb...what shall i do ????

jayneg_2

millielotus wrote: »

As expected i recieved the defence today from Barclays.
No1. says I do not provide details or particulars of the precise charges alleged to have been unlawful.
Well this is total rubbish as they have had all this twice, dates and all details.
No2. they go on to say the defence is summary in nature and the defendant reserves the right to amend this statement in due course. I imagine that is in there when they decide to settle??
3.ab&c is a load of waffle about how they have rights to charge "paid referral fees" and administrative fees etc, plus the right to charge if the claiment becomes overdrawn without an overdraft limit.
4. This says all there charges are laid out clearly and give the claiment a transparent view of all the terms and conditions.
9. They say the charges and interest are and remain lawful and enforceable and that they were entitled to debit the same.
10. says there are a few dates prior to 15 Febuary2001 that are not recoverable because they are time barred undr the terms and limitations act 1980. (Fair enough i guess)
11. Finally they say they have suffered loss and damage as a consequence of such breach of contract because i allowed my account to go into unauthorised overdraft. Oh and then they waffle something about recovering charges from me and not necessarily to be limited to the value of the said charge!!
Hope someone can take the time to read this hot air and let me know if this is all standard stuff to frighten me away:eek:
Many Thanks: :mad:

Sorry if I have missed this somewhere but has this been answered by anyone as I am putting in claim for someone who has account with Barclays and a bit concerned about number 11. above re: the bank recovering charges!! Has this happened to anyone else? If this has been answered, can someone point me in the right direction - cheers!

beverleyt

Well I've been trying to enter judgement by default but it says its too early.

Twinkly wrote: »

From the date of acknowledgement they have 14 days to enter a defence so count from then. Today is the day by my reckoning let us know whether they filed or you got judgement by default ? thanks

littlemiss6969

Thanks for that, how much will it cost to take them to court and will I be able to get the money back?

beverleyt

littlemiss6969 wrote: »

Thanks for that, how much will it cost to take them to court and will I be able to get the money back?

It depends on how much you are claiming. It cost me £50 to claim for £280 and you will get it back when you win. You can also be exempt from paying if you are on certain benefits which includes me but I didnt know this until after I'd paid! :mad:

shoe_2

:mad:

shoe wrote: »

i think i have messed up help...
i got all my staements from halifax yesterday highlighted all the charges then used martins calculator to ask for intrest as a tactic....
sent the infoe recorded del 2day...got home from work and the halifax have sent me a list of charges totaling double than i have asked for and i went through every statement with a fine comb...what shall i do ????

beverleyt

shoe wrote: »

:mad:

This happened to me but I ended up realising I was claiming less and not more! I must have calculated some twice, I dont know. Anyway I think you can just start again and send the letter you have already sent but asking for the revised amount but I'm sure someone will tell you different if I am wrong!