Reclaim Unfair Bank Charges Discussion Area

malachismummy

Hi there

I wrote a letter to my bank (halifax) well over 40 days ago, I received a response today but only because they want money from me from an international that went wrong due to someone working for Halifax not knowing what they were doing...anyway, I sent them a £10 cheque as suggested, for my statements going back 6 years but all I received today was alist of charges, not the statements as asked...and all the charges were not stated in this list...they say:

"If you requested information relating to maual intervention on your account, I regret that HBOS plc is under no obligation to record this information and therefore, I am unable to assist you further with your request"

If I sent that letter asking me for my statements then I should have received all statements, right? not a list made up by them, that is not proof.

Can anyone suggest what I can do next?

I look forward to someones quick response

malachismummy:mad:

lizmcd49

I LOVE this site! Am following processes for several claims! Total amount a potential 10 grand! Just about to pop down to the court to lodge my many small and large claims! Wish me LUCK! Will keep you posted!

jayneg_2

Edinburghlass wrote: »

Here you go jayneg, this is the thread...

http://forums.moneysavingexpert.com/showthread.html?t=391640

Sorry to be really thick here but I have been reading up all morning on the different threads about the Defence and Request for further information. Am I right................do I just reply to the Cobbetts, Natwest solicitors, enclosing all the information previously sent to Nat West or do I have to answer every single question on their defence individually. If I do Im really not sure of the correct answers to the CPR Part 18 request - HELP! I dont want to get it wrong at this stage. Thanks so much JG

Jester

Jester wrote: »

Hi All,

I've been reading this forum for a few weeks and am in the process of trying to claim £8187.46 back from First Direct.

I'd like to hear from people who have had experience of claiming charges back from First Direct if possible.

Using the standard letter templates from this website, I have already gone through Process One of totting up the charges I am reclaiming and sending off the first letter to First Direct (which of course was declined).

On 26th March, I then sent my second letter into the bank once again asking for the charges to be refunded and informing them that I intended to pursue this through the courts if they did not settle within 14 days.

14 days came and passed as of yesterday (though both yesterday and last Friday were public holidays). I am just wondering whether I have given them enough time now and should start court proceedings against First Direct, or whether I should wait until later in the week (given that two of those 14 days were bank holidays) ?

Any advice from First Direct customers who have gone (or are going) through this process would be gratefully received. I have noted in many posts on this forum that sometimes FD just pay up on receipt of the second (court threatening) letter, but have also noted that some did actually have to go as far as issuing court proceedings against FD. I'm wondering what is the norm with this bank ?

P.S. I've also started a similar process against Smile to reclaim bank charges that they have applied to my account over the past 6 years - am still waiting for my statements from them. Been waiting almost 10 days for the said statements from Smile.

Thanks

I guess there are no First Direct customers reading this forum at present. I think I shall just have to start court proceedings at MCOL and assume that First Direct are not going to answer my second letter threatening court action.

Ho-hum...court proceedings, here we go. Wish me luck !!

Decoda

Hi

I am confused. I wrote to Lloyds TSB on the 16th March 2007 asking for my charges to be reimbursed etc. I then received a letter from them on the 21st March confirming that they would investigate my complaint and contact me within two weeks if not sooner. I have now received a letter from them today (11th April) confirming that they can not agree to cancel my charges as I have not broken my agreement with them. The charges I have received are for unpaid direct debits and overdraft fees. I am now unsure if I can claim these charges back.

Help!!

Twinkly

theozziend wrote: »

Thanks so much for that. I feel much better, but am surprised that Barclays (and others) are allowed continue to waste the Courts' time. They must be getting really hacked off with all of this. Is the second £100 refundable? If so, do you have to apply to the courts before hand and add this on? Also, can you add on charges levied since putting the original court papers through at this stage? Since taking them to Court, Barclays have got very nasty, bouncing direct debits and charging £35 per time (sometimes twice for the same D/D), plus a further 3 months at £90 a month over the limit charges.

As always, your help is much appreciated. Perhaps when it comes to my hubby's turn (and soon my daughter's against HSBC), I will be in a position of knowledge and experience. :T

Yes they are getting hacked off hence the removal of the need for the AQ by some judges, can only be good news If it is necessary then yes it is refundable as part of your court costs payable by the bank. They may offer settlement before the court hearing so be sure to negotiate all costs and interest into this figure before accepting.

As for adding recent charges to the claim at this stage it is something I am not too sure about and maybe someone else can advise. There is nothing stopping you negotiating them into any settlement though. Be aware of the terms for accepting any settlement and do not sign to say you will not claim in future. Make note of any dates shown as a settlement period. Providing whatever amount you settle on isnt stated or accepted as 'full and final' for the period the extra charges were applied then you can start the process again and claim them afterwards if neccessary. Its a case of picking your way through any offer they make really. Good luck

Twinkly

malachismummy wrote: »

Hi there

I wrote a letter to my bank (halifax) well over 40 days ago, I received a response today but only because they want money from me from an international that went wrong due to someone working for Halifax not knowing what they were doing...anyway, I sent them a £10 cheque as suggested, for my statements going back 6 years but all I received today was alist of charges, not the statements as asked...and all the charges were not stated in this list...they say:

"If you requested information relating to maual intervention on your account, I regret that HBOS plc is under no obligation to record this information and therefore, I am unable to assist you further with your request"

If I sent that letter asking me for my statements then I should have received all statements, right? not a list made up by them, that is not proof.

Can anyone suggest what I can do next?

I look forward to someones quick response

malachismummy:mad:

I've had a bit of trouble in this regard with Capital One and responded thus, its a bit strong but I was rather annoyed at the insult to my intelligence :

Your letter of 16th March 2007 received today does not fulfil my request of 5th March 2007 for full details of all default charges applied to the account during the last 6 years. I remind you that I am entitled to this information by law and you are in breach of your legal obligation.

The list you have sent is blatantly incomplete and can only be regarded as a deliberate obstruction to my request. Copy statements, although not requested, will suffice if you are unable to provide full details in any other manner and I will not tolerate further deliberate concealment of data requested. I have paid the statutory fee of £10 for the information requested and I am not liable for further charge due to your inefficiency or any neccessity to provide statements.

This and any further obstruction and breach of my entitlement under the Data Protection Act is subject to pending report to the Information Commissioner. You are aware that breaches of this nature and others are already under investigation by the ICO at present and for which you may face prosecution.

You now have 14 days with which to comply with my initial request under the Data Protection SAR for full details to which I am entitled by law.

As you can see by the dates on the letter though I am still waiting for a response and intend writing a follow up letter when the small people return to school and I can concentrate better. Good luck getting your full details and dodging these delay tactics

Twinkly

Jester wrote: »

I guess there are no First Direct customers reading this forum at present. I think I shall just have to start court proceedings at MCOL and assume that First Direct are not going to answer my second letter threatening court action.

Ho-hum...court proceedings, here we go. Wish me luck !!

I didnt answer this because I have no experience. The success thread has a LOT of cases against First Direct and HSBC settled in full though with only a few that got to court stage so I assume it will be plain sailing for you. Good luck

Twinkly

Decoda wrote: »

Hi

I am confused. I wrote to Lloyds TSB on the 16th March 2007 asking for my charges to be reimbursed etc. I then received a letter from them on the 21st March confirming that they would investigate my complaint and contact me within two weeks if not sooner. I have now received a letter from them today (11th April) confirming that they can not agree to cancel my charges as I have not broken my agreement with them. The charges I have received are for unpaid direct debits and overdraft fees. I am now unsure if I can claim these charges back.

Help!!

You can claim these charges back dont worry. They have entered you into their complaints procedure which has timescales as set by the FSA. You dont have to follow them though and can carry on with the timescales laid out here in the article for reclaiming. Now send off your LBA (letter before action) and carry on regardless. Good luck

1234jack

Hi

I have just taken the first step in the courts with First Direct. I sent the 2nd letter and gave them 14 days to reply. They did reply - their letter dated 26th March did not get to me until 28th March. I had the 28th marked as the day I would take court action and put things in place that morning. On returning home, I had an offer waiting for me of the the full amount less interest. I telephoned them and asked them if they wanted to add on the interest as I had already commenced court action and I would stop the action. They declined. I would wait a couple more days - I would have taken the offer if it had arrived on time. I have now to follow the procedure through the courts spending £120 now and a further £100 further on in the process to get back only £400 in interest, which may not be awarded.