Reclaim Unfair Bank Charges Discussion Area

MSE_Martin

Going to Court - a note

There's a discussion a little earlier here about going to court. I thought I would give you my view on it.

As with all forms of planning, being sensible is to hope for the best and plan for the worst.

We hope we won't need to threaten court action. We hope if we do go to court that the banks won't put up a defence. We plan for the eventuality that it will. This is one of the reasons for aiming for the small claims system as it minimises the potential downside if you do go to court - and it makes it difficult for the banks to 'push up the courts and make it not worth you going on'.

However as I say in the article threatening and taking an big international company to court should never be taken lightly

Martin


PS. I know earlier this discussion was soft deleted, I have reinstated it and deleted the 'discusison afterwards', however I would ask all regulars on the thread to remember that you may disagree on some points, but we're all here to help. This is the main discussion thread from the article - there are some very scared people coming here for the first time - who may have serious debts and issues to deal with and this is a way out. Please let's keep the tone one of consensual and constructive debate.

clarenic

clarenic wrote:

I intend to complete the form on the Moneyclaim website and submit it this evening.

Do I need to send anything to the bank at this stage? In the particulars of claim, it says that I will send a further schedule of charges?

Also, do I need to send the spreadsheets where I've worked out the 8% interest to anyone?

Thanks in advance

Clare

Hi

I received the Court Notice of Issue this morning.

Do I need to send another schedule of charges or anything else to the bank at this stage? I only ask because of what it says in the Particulars of Claim?

Thank you.

Clare

dexters_mum_2

I had a similar letter from Natwest, bratz, 3 months ago they made an error and charged me £38, I complained and got a refund but was told that they'd not refund charges again, however, I've just reclaimed £418 from them. Don't accept anything less than what you are claiming for, they may and try to offer you half or a quarter of your claim but hold out for them to offer to full amount, plus interest too.
Best of luck,
DM x

kegz

I am with the Yorkshire Bank, we are having a terrible time with them at the moment, and they are responsible this month for our debt spiralling beyond our control, regardless of what i have done to prevent such things happening. I threatened to make the request for refund of bank charges. They will not close our account, but they require 10.00 fee and letter in writing in advance and the bank has 45 days to reply or refund any charges they deem to have been made unfairly. I still would not recommend anyone to joint this bank though steer clear.

Edinburghlass_2

kegz wrote:

I am with the Yorkshire Bank, we are having a terrible time with them at the moment, and they are responsible this month for our debt spiralling beyond our control, regardless of what i have done to prevent such things happening. I threatened to make the request for refund of bank charges. They will not close our account, but they require 10.00 fee and letter in writing in advance and the bank has 45 days to reply or refund any charges they deem to have been made unfairly. I still would not recommend anyone to joint this bank though steer clear.

Have a read of Martin's article and follow the steps to reclaim. Yes all banks can ask for £10 to provide all the Data required for the claim but they have to respond with this information in 40 days, not 45.

Edna_Bucket_2

MSE_Martin wrote:

Going to Court - a note

As with all forms of planning, being sensible is to hope for the best and plan for the worst.

As with many things in life, if readers don't remember anything else of all this discussion, that is the best line to remember and philosophy to follow.

$nake_eye$

Hi all, first Post!

I have today posted 3 requests to Natwest for a list of charges and one to Barclays. That will cover myself, sister, mum and dad in an attempt to reclaim all charges for the past 6 years. My Barclays account is from student days and should have a fair amount of charges in place, so it will be interesting to see what comes back! Once all have been returned, on with the next step. Ill keep you posted.

truly-madly

Hello everyone, I posted this as a separate thread but it got merged with the Natwest. Really this about law though, put simply: what are the particulars of law that relate to the bit from the set letter that reads 'unlawful at Common Law Statute and recent Consumer regulations'?

Firstly, thanks to this site (stumbled upon by accident), for giving me the info to start a claim for unfair bank charges.

Briefly, I used the set letters and was made an offer by the Natwest bank (about half the amount I claimed). I rejected this and made a claim through the online moneyclaim site.

I obviously wasn't as thorough as I should have been regarding the particulars of my case and when I went back to the site it just said I couldn't take any more action online. This morning I received the defence! It's pretty long-winded but I understand it (I think!). From the original set letter, they've highlighted the phrase 'unlawful at Common Law Statute and recent Consumer regulations', and asked I specify the facts I'm relying on with regards to the above. First question: Where can I get this info? ie. the actual paragraphs from law that relate.

Second question: now it's out of the small internet claims court and at the 'big' one, am I liable for court fees or have I still the possibility to strike the claim? I'm thinking I give them the info they want but if they still come back with a defence I might have to leave it as there's no way I can risk court fees.

Has anyone else experienced this particular defence?

Thanks very much in advance to anyone who has the time to share their knowledge over this.

Michael

vickypollard

I have 2 accounts with First Direct, my sole cheque account had £149 of charges on it this month! for a movement over my OD limit of 56 pounds.

I'd like to get charges info on both these accounts sent to me, does anyone know whether I would need to send 2 cheques for £10 or just one. I presume it's one as both accounts are in my name and details are held by the same company (First Direct).

Can anyone confirm the above?

Edinburghlass_2

One cheque will do as you are asking for all Data Protection information held on you which will cover both your accounts although I would include both account numbers.