Reclaim Unfair Bank Charges Discussion Area

PAWI69

Nellies wrote: »

PAWI69
just been reading your message..can you advise me please?? i think i have won my case by default.. how long should i wait for the bank to send the money back to me ? ....or how long to wait before i do the bailiff thing???
can you help..........

hi Nellies, I'm not sure which post you mean but I'm afraid I'm not up to that stage yet. Someone will be along to help you better than I can, sorry I couldn't help but keep us posted

PAWI69

egg_on_toast wrote: »

Hi, I am in the process of requesting unlawful bank charges from my bank the Halifax. I have sent letter requesting refund of bank charges and on the 14th day of my letter being sent out, i recieved a lettter back from the halifax saying "The financial Services Authority, gives us 8 weeks to investigate and respond to complaints" what I want to know is can i send out my letter advising the Halifax i am taking them to court on Monday this week, which is exactly 14 days after sending out my first letter or do i now have to wait 8 weeks before i can do this??? Many thanks for your help in this matter.

Keep to your timescales not theirs, have you sent a 2nd letter threatening court action ect giving them a further 14 days? if not, I suggest you do. Good luck!

carefree_3

can anyone help me? I have been divorced and living on my own for 4 1/2 years, when me and my ex split up we were in a hugh amount of debt, with the proceeds from the sale of the house we paid everyone off, these included tsb current account, loan, yorkshire bank loan, store cards, and barclaycard. We made them an offer to accept our proposed paymets which were probably less than amount owed. all accounts have now been closed, and obviously the charges would have been for more than the last six years but certainly some of them would have been applied during the time if you can understand that. I'm not sure of all of the account numbers, how do i go about finding out if i'm owed any charges without them coming back to me saying they accepted our final offer as settlement?

Jackswan_2

Barclays Bank plc (Barclaycard)

Just received notification grom Northampton County Court that my claim has been transferred to my local Court. Attached was a form N24 General form of Judgement or order it states.

Between xxxxxxx
and Barclays Bank plc
Court of transfer xxxxxxxx
Before District Judge Murdoch sitting at Northampton County Court.

Without hearing....IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case
unless the Distreict Judge at the court of transfer orders otherwise.

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have
it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

Any thoughts as to what all this means please ??

The defence is standard Barclays, my claim is for late payment charges on my credit card from some years back, yet the defence talks about unauthorised borrowings, going overdrawn on the excess balance, paid referral fees etc., The charges are lawful because of going into unauthorised
overdraft, or, failure to make payments to bring the account back into credit.
The Defendant has suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft.
Accordingly, in the event that the defendant is unable to rely on its express
entitlement to enforce the charges, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

Comments anyone ??

Edinburghlass_2

Jackswan wrote: »

Accordingly, in the event that the defendant is unable to rely on its express
entitlement to enforce the charges, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

Comments anyone ??

Have a read of this post by nickmack...

http://forums.moneysavingexpert.com/showthread.html?t=396048

PAWI69

Twinkly wrote: »

Yes. The claim is ongoing until you file at court and subject to any changes you wish to make as to the amount.

If judgement is entered by default and you dont have the chance to add such charges or negotiate them there is nothing to stop you making a further claim for that time period, starting the process again.

Thanks Twinks, I was asking for someone else on another board, hope you don't mind but I quoted you I wasn't sure of the answer.

Twinkly

carefree wrote: »

can anyone help me? I have been divorced and living on my own for 4 1/2 years, when me and my ex split up we were in a hugh amount of debt, with the proceeds from the sale of the house we paid everyone off, these included tsb current account, loan, yorkshire bank loan, store cards, and barclaycard. We made them an offer to accept our proposed paymets which were probably less than amount owed. all accounts have now been closed, and obviously the charges would have been for more than the last six years but certainly some of them would have been applied during the time if you can understand that. I'm not sure of all of the account numbers, how do i go about finding out if i'm owed any charges without them coming back to me saying they accepted our final offer as settlement?

I understand what you're saying there. The difference is that you settled what you owed and it was accepted in 'full and final settlement', which is a legally binding term. The charges are unlawful and regardless of what you owed or settlement of it, you are entitled to reclaim them. Charges to be reclaimed is a seperate issue altogether.

Write to each institution enclosing all informtaion they may need to trace accounts such as the type of account, date opened/closed, your name, address with postcode, date of birth and enclosing the £10 statutory fee for a Subject Access Request under the Data Protectin Act 1998. Templates and a wealth of information such as addresses to write to can be found in the Reclaim Bank Charges Help thread here:

http://forums.moneysavingexpert.com/showthread.html?t=400981

Good luck

Twinkly

PAWI69 wrote: »

Thanks Twinks, I was asking for someone else on another board, hope you don't mind but I quoted you I wasn't sure of the answer.

No problem, glad to help if I can.

Matt77_2

Edna, im new to all of this, i have case in my local court against barclays, its for £1600.00 they hav'nt put in a counter claim but are trying to get it struck out as they say there is not enough information in the original claim info, (you are only limited to a small amount on the mcol site) to be fair all of the way down the line with this bank i have been amazed at how shoddily they treat customers, i am due to see them in court on the 10th april but having just recieved the letter from the court with their response they are using rather aggressive language threatening to pursue the claim if it goes against them etc, is this par for the course, as it just makes me more determined to see them in court and get my money back, p.s whilst they are doing this they are still applying charges to my account. I would appreciate your opinion.
ta matt

Twinkly

Jackswan wrote: »

The defence is standard Barclays, my claim is for late payment charges on my credit card from some years back, yet the defence talks about unauthorised borrowings, going overdrawn on the excess balance, paid referral fees etc., The charges are lawful because of going into unauthorised
overdraft, or, failure to make payments to bring the account back into credit.
The Defendant has suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft.
Accordingly, in the event that the defendant is unable to rely on its express
entitlement to enforce the charges, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

Comments anyone ??

Interesting. I read it to imply that Barclays allowed you to go overdrawn and suffered losses in excess of its charges and will attempt to get them back whatever they may be by any means neccessary. yet there is no mention whatsoever as to the cost of the actual loss. They imply they have suffered greatly yet charged little. Hilarious.