Reclaim Unfair Bank Charges Discussion Area

tradelady

Does anybody know if I can claim from mobile phone companies (Orange) as they have charged me in the past for not making payments on time?

Twinkly

tiptoptony wrote: »

Hi,

I was very glad to find a full offer including court fee and interest when I got home 10 mins ago. However, there is no offer of when the monies will be paid. What do I do next.? Just send it back and wait? Do I have to call then courts?

Any advice greatly appreciated!

Read the conditions of settlement carefully and make sure you understand what you are agreeing to. I would ring them and request a date in writing as to when this amount is to be paid. There seems to be quite a few cases where they offer to pay but dont within an agreed time limit.

If you agree before a court date or before default judgement would be awarded then yes inform the court you have accepted and they will tell you what to do from there. Since you have a court claim under way there is nothing to lose in being completely diligent about the full terms and conditions of your acceptance

maniac886

tiptoptony wrote: »

Hi,

I was very glad to find a full offer including court fee and interest when I got home 10 mins ago. However, there is no offer of when the monies will be paid. What do I do next.? Just send it back and wait? Do I have to call then courts?

Any advice greatly appreciated!

I have dealt with dg before and they normally require you to sign an offer acceptence agreement and post it back to them. It will then take them around a week in which they either refund the money back into your account or send you a cheque. Once you have cleared funds then you must write to the court and inform them the case has been settled and you would like to stop the claim.

Twinkly

tradelady wrote: »

Does anybody know if I can claim from mobile phone companies (Orange) as they have charged me in the past for not making payments on time?

If you consider the charge to be disproportionate to their actual costs then I dont see why the same reasoning doesnt apply. The unfair terms that reclaiming bank charges is based on states:

SCHEDULE 3

Unfair Terms in Consumer Contracts

1. Terms which have the object or effect of:


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

Logic dictates that as a consumer this applies to you and the contract you signed with them. Get a second opinion - I could be wrong, but good luck if you go ahead

TheOne

Hi, I came across this whole reclaiming charges thing purely by chance!
I had a day off work the other week, and happened to ctach Martin on the telly talking about it.
I remember him saying something about a deadline of 31st March 07. I also read something about the OFT ruling, early April.
Now, I have wrote to my bank where my account is based asking for the charges back, giving them a complete list of all the charges since 2002 (as far back as I could go with their online banking).
So am I covered here? Since I have filed the claim with the bank before 31st March, Can I still claim the full amount? Or as this is most likely to drag out into April will they be legally allowed to only offer me the difference between what they charged me and the new £12 - £15 or whatever it is?
Also, what if it goes to court, and I get a court date when I'm on holiday (second half of April) or is that way too soon for it to go to court?

So yeah, my main question is: As I have filed my claim with the bank before 31st March, will I still be legally entitled to the full amount?
(They recieved it today 27/03/07, recorded delivery)

jimmyjames_2

hello again,

am just about to accept on offer from barclays(£300 pound shy of the actual fees and £600 shy when i`ve added interest)

i know but baby due in 10 weeks so will be coming at the right time.

however the acceptance letter says:

i accept the sum of £1695 as full and final settlement of my complaint against barclays bank plc.

now, my question is, what can i do about a couple of charges i have accrued since i first set the claim in motion.

i am going to call them tomorrow and push for the full settlement "without interest" to try my luck.

but the crux is can i ask for the additional charges back.

cheers jimmy

TINKERBELLE26_2

Hi There Every One
Have Just Sent My First Letter To The Bank For The Statments I This Account Is In An Over Draft Of 1500 I Dont Think That The Charges Will Cover All The Amount So What Does Anyone Suggest??? I Cant Transfer The Money And Dont Have The Means Tto Pay Off??
Cheers Tinkerbelle:a

redruby

maniac886 wrote: »

I have dealt with dg before and they normally require you to sign an offer acceptence agreement and post it back to them. It will then take them around a week in which they either refund the money back into your account or send you a cheque. Once you have cleared funds then you must write to the court and inform them the case has been settled and you would like to stop the claim.

Hi, I am in a similar situation at the moment, I have signed my acceptence letter from DG Solicitors and sent it back to them over a week ago, despite continual phone calls to both HSBC and DG I have heard nothing since, I finally got through to DG today (after getting a different number online), who said they only deal with settlements once a week (Friday) and that they would inform HSBC of my acceptence this Friday, and that I should then get the money in a week to ten days, the only problem is that I have had an allocation questionaire from the court, which needs to be back to them by 3rd April with another 100.00, I do not think that I will have the money by then so:

1) Do I continue with my court case, bearing in mind that I will need to send off more money, I have signed the letter of acceptance and agreed an amount, so I could not add to this to my claim.

2) Is the offer letter from the solicitors legally binding ? So no further action through the courts (on my behalf) be neccessary?

3) If letter is not legally binding, is there any way to put off sending back allocation questionaire for a while untill funds clear?

Sorry for long post, and thanks in advance

Twinkly

TheOne wrote: »

Hi, I came across this whole reclaiming charges thing purely by chance!
I had a day off work the other week, and happened to ctach Martin on the telly talking about it.
I remember him saying something about a deadline of 31st March 07. I also read something about the OFT ruling, early April.
Now, I have wrote to my bank where my account is based asking for the charges back, giving them a complete list of all the charges since 2002 (as far back as I could go with their online banking).
So am I covered here? Since I have filed the claim with the bank before 31st March, Can I still claim the full amount? Or as this is most likely to drag out into April will they be legally allowed to only offer me the difference between what they charged me and the new £12 - £15 or whatever it is?
Also, what if it goes to court, and I get a court date when I'm on holiday (second half of April) or is that way too soon for it to go to court?

So yeah, my main question is: As I have filed my claim with the bank before 31st March, will I still be legally entitled to the full amount?
(They recieved it today 27/03/07, recorded delivery)

You can still claim after the OFT announcement, it is not going to affect the law on whether the amount banks charge is unlawful but it may affect the amount they charge after this date. The charges would have reflect the true cost to the bank for them to be lawful and exempt from reclaim, this isnt likely to happen. Even at £12-£15 it is too high so you can still claim regardless.

With regard to what happens if it gets to court and you are going on holiday. It is you who initiates court proceedings so you have full control as to whether to do this around the time of a holiday. Court proceedings can take between 6 and 8 weeks to resolve so you would need to plan around that.

Good luck

kiya22

Hi there. I am about to start proceedings against HSBC. Ive set up a second account 'just in case'. Anyone had much sucess with HSBC? Also silly question but does anybody know - is it their headquarters in Canada Square,London i have to send the letter to in general or a particular division? Any help would be great?!!!!