Reclaim Unfair Bank Charges Discussion Area

Twinkly

Mama wrote: »

Hi, Help anyone???

is there a template letter accepting part payment with intent to claim the rest?

Thanx.

All you need write is basically what you have posted in this post. Just be sure to use the phrase 'partial settlement without prejudice' so that the rest of your claim is not affected. It is the 'without prejudice' bit that ensures that.

Good luck

Dont_look_down

Anyone got as far as getting County Court judgement against bank because they (the bank) defaulted by not responding in time?

leachio

Hi all.

I am desperately in need of help from you kind people.

I have some questions which i need answering please?

1, bank has defended claim and disputes full amount, i have details of transfer to my local court and of their defence - however on the covering letter it states i should complete the allocation questionaire but then that part of the letter is crossed out and i do not have a questionare enclosed. will they send one or for some reason dont i have to do one??????

2, i am currently in New Zealand as since starting the process i have emmigrated. The court and bank do not know this as i am using my parents address for correspondance. Are there gonna be forms i need to sign and can i allocate a representative to act for me should i need to go to court??

3, i have not been a customer with TSB for over a year so if (and hopefully when) i recieve judgement in my favour how do they pay me? will they send a draft or will i need to provide new bank details.

I have read the help thread and am prepared for the next step (standard disclosure and all that) but am worried that for some reason (as their defence all seems a bit legal and tehnical) they will get out of paying me my £3200. Also i read somewhere that it had been agreed that £12 is a reasonable amount to charge and that they are bringing in some sort of ruling? will this affect my claim?

Any help and reassurance would be greatfully appreciated and sorry for all the questions but I desperately wanna be one of the people who posts on the Success stories page!

Danny

p.s - T.S.B! i believe it stands for Try Someother Bank?

Twinkly

leachio wrote: »

Hi all.

I am desperately in need of help from you kind people.

I have some questions which i need answering please?

1, bank has defended claim and disputes full amount, i have details of transfer to my local court and of their defence - however on the covering letter it states i should complete the allocation questionaire but then that part of the letter is crossed out and i do not have a questionare enclosed. will they send one or for some reason dont i have to do one??????

2, i am currently in New Zealand as since starting the process i have emmigrated. The court and bank do not know this as i am using my parents address for correspondance. Are there gonna be forms i need to sign and can i allocate a representative to act for me should i need to go to court??

3, i have not been a customer with TSB for over a year so if (and hopefully when) i recieve judgement in my favour how do they pay me? will they send a draft or will i need to provide new bank details.

I have read the help thread and am prepared for the next step (standard disclosure and all that) but am worried that for some reason (as their defence all seems a bit legal and tehnical) they will get out of paying me my £3200. Also i read somewhere that it had been agreed that £12 is a reasonable amount to charge and that they are bringing in some sort of ruling? will this affect my claim?

Any help and reassurance would be greatfully appreciated and sorry for all the questions but I desperately wanna be one of the people who posts on the Success stories page!

Danny

p.s - T.S.B! i believe it stands for Try Someother Bank?

Alrighty.

1) Yours is the third case I've seen in as many days where an Allocation Questionnaire has been deemed unneccessary by the courts. One post stated that when they rang the court to enquire they were told that the banks messing about with the court system is annoying the judges and they have taken to eliminating this step as the banks arent actually turning up at court to defend. This is good news, it saves you a further fee if applicable, so dont worry.

2) It is unlikely you will need to go to court but I personally see no problems nominating a representative in this case IF this gets to court. Perhaps there will be and someone else can advise on this.

3) You can state in your letter of acceptance of settlement how you wish to be paid.

There is no set standard to only pay out the difference between the actual charge and £12. This is the level that the Financial Ombudsman stated as 'reasonable' for credit card companies to charge and it does not like to get involved with claims over this amount apparently. You are not dealing with the Ombudmsan though you are dealing with the court and they will decide on the point of law in the case, not any decisions or reports made by the FO. The bank may relate to this in an attempt to sideblind you but in court is has no bearing or weight.

There was a report due in April by the FO regarding bank charges but this has been postponed and would not have affected court cases anyway.

Dont worry, I know it all seems a bit scary and you are far away but your case seems to be progressing through the stages as normal and so far so good. Best of luck

albertpalbert

Have claimed £3,400 or £4,200 with interest. FD have come back with opening offer of £2,900. Either they are right or they are wrong - there is no halfway house surely. Do I take the cash Jim or hold out for at least the remainder of £500?

Twinkly

albertpalbert wrote: »

Have claimed £3,400 or £4,200 with interest. FD have come back with opening offer of £2,900. Either they are right or they are wrong - there is no halfway house surely. Do I take the cash Jim or hold out for at least the remainder of £500?

I would hold out

witchywarloc

pursehouse wrote: »

I have been trying to reclaim bank charges from Lloyds TSB since August 2006 and have had all the usual responses today i got a 'Notice of Transfer of Proceedings' which was scary in itself it also asks me to return the allocation questionnare but as i dont know what that is i dont know what to do. Have come too far now to throw in the towel!

Pursehouse if you go to https://www.consumeractiongroup.co.uk (you need to register - its free) and they have a step by step guide to filling in the Allocation questionaire there are two types depending on the size of the claim it is very usefull

millielotus

sopvik wrote: »

Bank: Barclays Bank
Amount of charges: £1495
Amount Paid: due to confidentiality i cannot disclose the exact amount but it is between £1945.24 and £1945.26! Full amount claimed incl interest and charges.
Got as far as a court date and the day before the papers had to be at the court they wrote with a settlement figure. Slightly wrong so asked then to revise it and they did.

Going after the charges they put on my acc since claim started now!

Well done Sopvik.
I am claiming against Barclays too, just wondering how long it took you to get a court date from when you sent you AQ forms off to the court?
I am claiming £2700 with the interest.
Many Thanks

Jackswan_2

Dont_look_down wrote: »

Anyone got as far as getting County Court judgement against bank because they (the bank) defaulted by not responding in time?

Yes against Capital One Bank. Maintained that they hadn't received Court papers sent out by MCOL.

Twinkly

Originally Posted by pursehouse
I have been trying to reclaim bank charges from Lloyds TSB since August 2006 and have had all the usual responses today i got a 'Notice of Transfer of Proceedings' which was scary in itself it also asks me to return the allocation questionnare but as i dont know what that is i dont know what to do. Have come too far now to throw in the towel!

The Allocation Questionnaire thread on this site is here:
http://forums.moneysavingexpert.com/showthread.html?t=314558

There is lots of information and templates for filling in the details. Good luck with your claim