Reclaim Unfair Bank Charges Discussion Area

Jackswan_2

Anyone picked up on the earlier posting where Capital One have stated (I have it in writing) that the OFT haven't told them that they have to refund any fees ?

They have only refunded fees as a gesture of goodwill as they believe that their fees are both fair and legal.

russian

This account charges £12 a month!! Supposedly to give a cheaper overdraft and travel insurance ... not at all necessary. My foreign friend was mis-advised for some silly reason and opened this account, not understanding the monthly fee. The friend left the country, leaving the account empty, but not closed. The monthly fee + charges mounted up, making it overdrawn. Foreigner didn't understand rules and was shocked when an overdrawn statement arrived. I sent a letter to bank saying there was a misunderstanding. They phoned to give a figure to settle the account, letting off £140 of overdraft charges. However, the figure to close the account about equals the £12 fee x 5 months. ( time taken to get this far). Do you think this is a reasonable settlement figure? I can't help thinking the fee itself is unjustifiable, but because this is not a charge, I'm not sure if it can be disputed. What do you think?

puddy

Hi I am new to this site so apologies if this question is answered somewhere on here. I have taken Shabby National to court for £165.00 bank charges, plus the £30 court costs.
During the time I was making the claim on Money Claim, they paid me £35.00 into my account as a settlement. I wrote them a letter and stated that I would accept the £35.00 as part payment of the full amount they owe me. However, having paid me £35.00, my money claim is still for the amount of £195.00. I phoned Money Claim to inform them that I had already now been paid some money and she said that I only needed to inform them of this when I make the claim for judgement whenever this is. Im a bit worried about this as on the application, It states that you must inform them immediately if any monies are paid to you.
Anyway next query: Shabby have now put in a defence, and I have been asked to complete the claim form by 8th April 07. What evidence do I submit? The copies of my statements and my letters to the bank claiming it back?
The Abbey's defence is that the charges are not unlawful or disproportionate to their costs and they say that even if they were, I was informed of their terms and conditions along the way. They have now offered me some more money, which I am reluctant to take (82.50). When I complete the claim form from the court, do I inform them about the £35.00 they have paid me? And should I accept the £82.50 as part payment again?

thanks

puddy

to fluffy turtle


as far as I know from this website, you go and enter a claim for judgement on the website, do it asap before the bank tries to get a defence in late. Although Im not at this stage yet, the Abbey have put in a defence, see my question today

vicke_p

fluffyturtle wrote: »

Served Abbey with papers for my bank charges claim. Although they stated on their acknowledgement of service their intentions to defend the case the 28 days has now elapsed, and as far as i am aware no defence placed. nothing on Moneyclaim website under my claim nor through the post to me.

am i able now to ask the court to enter a judgement as no repsonse by abbey has been made?

thanks

It is my understanding that judgement can now be entered via the money claim online service. Take them to the cleaners (best not take them to the bank, you might get charged!!!)

Twinkly

janevictoria wrote: »

Thanks for help. Have now sent off to MBNA, Access & Barclaycard, to date have had £136 credited to barclaycard, (saw statement on-line) it read, Late payment refund this aspect of the claim is £119-00 light, and there is no mention of the over credit charges which amount to £130. Have not yet had letter, but only saw this Friday (3 days after sending in claim letter) what should I do next?

You can write and advise them that you will accept the credit as partial settlement without prejudice and will continue to claim the remainder. good luck

jimmyjames_2

Just had a letter saying that my claim against default charges does not represent a breach of contract and that they are just charges for a service. I know this is wrong but they have asked me to respond to the legal issues within the letter and have said that if I do not then should the case go to court they will bring up the fact that I neglected their request.

Does this alter anything?

Do I now just proceed straight to court?

Or do I send this letter as a way of response?


I refer to you letter dated 23 May 2007.
I wrote to you on 13 March 2007 stating that your response to my original request for the repayment of my default charges totalling £115 be repayed with interest of £46.03 was not acceptable and that I will be starting court proceedings.
I write this letter to give you the details, amount and nature of the fees I intend to claim back and have included the statements issued to me, by yourselves, with the fees in question highlighted. This is in response to your request for these.
Once more, to clarify, I believe these default charges are unfair and not proportionate to your costs and my claim is based on the Unfair Terms in Consumer Contract Regulations and should this matter go to Court will be asking for a breakdown of these charges and the actual cost to Northern Rock Plc.
I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,



Please Help. I think they are trying to dupe me with legal jargon.

Twinkly

jimmyjames wrote: »

Just had a letter saying that my claim against default charges does not represent a breach of contract and that they are just charges for a service. I know this is wrong but they have asked me to respond to the legal issues within the letter and have said that if I do not then should the case go to court they will bring up the fact that I neglected their request.

Does this alter anything?

Do I now just proceed straight to court?

Or do I send this letter as a way of response?


I refer to you letter dated 23 May 2007.
I wrote to you on 13 March 2007 stating that your response to my original request for the repayment of my default charges totalling £115 be repayed with interest of £46.03 was not acceptable and that I will be starting court proceedings.
I write this letter to give you the details, amount and nature of the fees I intend to claim back and have included the statements issued to me, by yourselves, with the fees in question highlighted. This is in response to your request for these.
Once more, to clarify, I believe these default charges are unfair and not proportionate to your costs and my claim is based on the Unfair Terms in Consumer Contract Regulations and should this matter go to Court will be asking for a breakdown of these charges and the actual cost to Northern Rock Plc.
I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,



Please Help. I think they are trying to dupe me with legal jargon.

Your letter looks fine to me. I would only add one small thing and that is to state which term in the Unfair Terms in Consumer Regulations and that is

( e ) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

Good luck

tinkerbell1978

hi, just written my first letter to our bank requesting our charges back, a few questions:-
the bank account in question is overdrawn will this effect my chances of getting our money back???

the statements show charges for over draft excess fee (going over the agreed overdraft i assume?! its my other halfs bank.) do these count when adding up the total amount owed in charges??

any help much appreciated!

Taffyfella

tinkerbell1978 wrote: »

hi, just written my first letter to our bank requesting our charges back, a few questions:-
the bank account in question is overdrawn will this effect my chances of getting our money back???

the statements show charges for over draft excess fee (going over the agreed overdraft i assume?! its my other halfs bank.) do these count when adding up the total amount owed in charges??

any help much appreciated!

Hi,

Being overdrawn makes no difference as to whether you can claim charges back or not, however when you become successful with your claim the bank in question are more likely to pay into an active account hence your a/c with an O/D facility.

You can claim O/D EXCESS and Unpaid D/D fees assuming this is a Llloyds charge!

Hope this helps

Taff