Reclaim Unfair Bank Charges Discussion Area

miss_somewhere_sunny

Hi...my first time on this thread, as ive been frequenting the woolwich area up till now! I am claiming for both mine and my husbands separate open plan account charges. (each about £3500) I am due to MCOL on 9th April for both accounts, and need to know can I do both accounts on the same claim? The notes say you can have two claimants.....but this would add up to more than £5,000 so would it still qualify for Small claims court? I would prefer to pay the court fees just once but wouldnt want to mess my claim up for the sake of £100! Does anyone have any advice?

Many thanks MSS

Freakyleaky

Hi all, just to let you know I to have received papers from court saying case has been transfered etc also "AQ has been dispensed with unless district judge says otherwise". It seems as though this is an attempt by the courts to cut down the workload and is a good thing for claimants. Loads more chat and postings about this on CAG site. There is probably lots of stuff on here somewhere but I've not found it yet.

millielotus

My case has gone to court but no date fixed yet. I went a few dates over the 6 years which i know must seem daft. I had read that this dosnt really matter as any judge will just subtract any ammounts over the 6 years. Does anyone think i have anything to worry about?

missc_3

Never got statements off them as it was a loan - i defaulted on the loan had a couple of reduced amount payments. Can i claim the £175 they charged though

Freakyleaky

I shouldn't worry about it. As you say a Judge will probably just ammend the figures but I dont think it will get that far. You will more than likely get an offer before the court date. Good luck.

shelley24

Simply Be/JD Williams

---

Hi,

I had an account with Simply Be when i was a lot younger and foolish! I managed to get to a point where i couldnt pay it so i earned 3 late charges of £15 before sending me to a debt collection agency(Now fully paid off)

Anyways, I sent an email to Simply Be requesting charges of £115 plus interest taking it to £150. I received a letter dated 27th March basically saying that it is my fault i incurred those charges because i failed to pay? (Fair point but i only failed to pay last 3 payments, was paying regularly before that (and sometimes late ie the other charges!)

They say a lot about the OFT guideline figure of £12 and
"They recognize the OFT has power to seek court orders in relation to unfair terms, the OFT statement does recognise that only a court can decide whether a term is fair or not"
"We continue to be of the view that the charges that we made in your case are justifiable, and not a penalty
In the circumstances we are not prepared to make a full refund of charges. As the OFT guidelines came in to place from May 2006 we are, however, prepared to refund charges made over the sum of £12 from that date"
(Knowing full well the account has been closed since 2003 and so has not incurred any charges! GRRRR

Please does anyone know where i stand with this as im a bit wary of making a claim after reading their letter?

Any reassurances out there...please??

Any info much appreciated

Shell

Twinkly

shelley24 wrote: »

Simply Be/JD Williams

---

Hi,

I had an account with Simply Be when i was a lot younger and foolish! I managed to get to a point where i couldnt pay it so i earned 3 late charges of £15 before sending me to a debt collection agency(Now fully paid off)

Anyways, I sent an email to Simply Be requesting charges of £115 plus interest taking it to £150. I received a letter dated 27th March basically saying that it is my fault i incurred those charges because i failed to pay? (Fair point but i only failed to pay last 3 payments, was paying regularly before that (and sometimes late ie the other charges!)

They say a lot about the OFT guideline figure of £12 and
"They recognize the OFT has power to seek court orders in relation to unfair terms, the OFT statement does recognise that only a court can decide whether a term is fair or not"
"We continue to be of the view that the charges that we made in your case are justifiable, and not a penalty
In the circumstances we are not prepared to make a full refund of charges. As the OFT guidelines came in to place from May 2006 we are, however, prepared to refund charges made over the sum of £12 from that date"
(Knowing full well the account has been closed since 2003 and so has not incurred any charges! GRRRR

Please does anyone know where i stand with this as im a bit wary of making a claim after reading their letter?

Any reassurances out there...please??

Any info much appreciated

Shell

Go for it and claim the full amount. The OFT recommendation is a guideline and not law, the court will deal with the law of the matter. The onus is on Simply Be to prove their costs or pay the refund and its that simple really. Good luck

lulu72_2

hi there
claiming from abbey £7658.84 with interest
filed online claim , abbey acknoledged then sent letter saying they are filing a defence i expected that, letter states that , they appreciate i may have previously forwarded details of my claim to there internal complaints department however, they do not have access to that information. Therefore could we provide them with,
details of how we calculated the claim and amount of each charge claimed and
details of how the interest is calculatted, showing how interest is calculated by reference to each charge.
Is this just to scare us and if when i sent the claim to them i gave all information on charges IE:date/charge/amount and interest i also sent them printed sheet of the interest calculator they also said i need to send this to the court but wont the court request this from me any help is greatly appreciated thankyou

shelley24

"Go for it and claim the full amount. The OFT recommendation is a guideline and not law, the court will deal with the law of the matter. The onus is on Simply Be to prove their costs or pay the refund and its that simple really. Good luck "

Thanks Twinky, I will go ahead and make my claim today:T :A

manicblonde

I have received notification from MCOL that HSBC have acknowledged my claim and intend to defend!!:mad:

I am a bit worried now as the defendants have solicitors and I dont!:sad:

Can anyone tell me if they have got past this point with HSBC & what has been the outcome?

I really am concerned and just need to know there is light at the end of the tunnell!!:eek:

Cheers.