Reclaim Unfair Bank Charges Discussion Area

danjm20

Hi

Not sure if anyone can advise me on something...

I have just successfully claimed £450 of charges (including appx £80 of interest) from Natwest for my credit card with them, and am just about to do the same with my Shell Visa card and RBS Visa card (although the total of these 2 is only probably £150 - havent worked it out exactly yet) - but they should settle a day or so after filing a claim on MCOL as this is what Natwest did (they all belong to RBS group).

However, Barclaycard are playing a little harder, and have now submitted a defence to my claim for £535 of charges (incl interest & court fee). They have listed 13 defence items - all but 1 of which I am fairly comfortable with, as they merely cite things like "Terms and Conditions" etc - which do not stop the charges being unlawful.

The 1st item they have stated on the Defence is that "Barclaycard is only a trading name of Barclays Bank PLC, not a legal entity in itself".

I issued the claim on MCOL against "Barclaycard" and with hindsight, probably should have put "Barclays Bank PLC" but deliberately didn't for the avoidance of doubt!

Would this be likely to be a technicalty which will make losing the claim likely?

Personally, if they had entered this as the only point of Defence, it would have worried me much more, but the fact they have entered many other items of defence makes me think that they are simply still trying to put me off.

Any thoughts from any legally minded people greatly appreciated...

thanks

dan

Richiefitz3007

danjm20, thanks for pointing out something. I've just put together a moneyclaim against Barclaycard. I also put Barclaycard at the defendant but have now changed it too Barclays Bank PLC (Barclaycard).

IDIDIT, i'm also doing moneyclaim against Lloyds and your story gives me inspiration!!!

dawnmoo

Thanks bizarro15
I've started the ball rolling and thanks for this website I'm following it bit by bit.
You think I should claim it all back? I guess I'd just be happy for this debt to disppear.
I'll see what happens along the way so wish me luck and Thanks for all your help and support!

Tiggerhoney

Hi Everyone,
Have read everything going on this site and have started the ball rolling for my partner, taking on Lloyds TSB, saw Martin with Lorraine and decided to give it a go, quite scared to be honest as Lloyds seem to be tougher than other banks i have read about. So first letter was sent on Thursday asking for charges for past 6 years, wish me luck and will keep you posted.

Carol xx

lesandflynny

Using Martins template letters and full guide issues a week or so ago I am helping my brother and his partner to claim back monies owed to them from their banks.

My Brother is a builder and estimates the bank has taken ....... over 5k off him in charges and fees over the last 6 years. He is just an ordinary working class bloke who just gets on. Many a week he has gone to get his wage out of his bank and they have deducted 200+ pounds for various things. He is left with no bus fares for work or even dinner money for his kids.

Anyhow, we have used MSE template letter one, sent it off last week and are waiting for their reply.

I will keep you all updated as i am hoping for a brilliant victory here on behalf of the everyday guy who has neither the time or the inclination to challenge these establishments............. I cannot wait.


Diane

MSE_Martin

Hi Everyone,
Have read everything going on this site and have started the ball rolling for my partner, taking on Lloyds TSB, saw Martin with Lorraine and decided to give it a go, quite scared to be honest as Lloyds seem to be tougher than other banks i have read about. So first letter was sent on Thursday asking for charges for past 6 years, wish me luck and will keep you posted.

Carol xx

Being scared isn't a bad thing - you're about to take a bank on. Yet well done for trying, to be honest the risk (and its small, but small is still real) only really starts if you go to court - banks will try and bully you to stop you, but as you'll see from elsewhere much of the time (so far) that's an empty threat.

All the best

Martin

Richiefitz3007

Martin, you are just simply getting us to do the right thing!!! I promise to donate some of my money (if i win) to a charity of your choice!!! Your our hero!!!!

clarenic

Hello

Do Moneyclaim email you when there is a change on your claim (they've acknowledged it for example), or is it a case of checking the website?

Thanks very much,

Clare

Tiggerhoney

Hi Everyone,

Was great to get a response from Martin, made me even more determined to carry on, will keep all informed and Martin, thanks again for the encouragement.

Carol xx

Helen_Samuels

Hi Martin,

CAn you advice please

I have a credit card with barclaycard and have a balance of about £10,000, been unable to make paymemts constantly and so the intrests have been rising and rising. I do make payments as oftenm as possible though.

Can I make a claim on the intrests or will it backfire cos I think they may say I have not been making my minium payments and so they are right to charge me.


One other issue is regarding my mortgage. My property was valued 3 years ago by the bank's valuers before approving my mortgage (GMAC) and I got £237,500 mortgage *(interest only)for a property of £250,000. However, due to financial difficulties my total repayment is now £248,000 as I have missed a few payments plus charges on missed payments, etc

Can I claim these charges back and also my property is now been valued at £210,000 to my utter disbelief. Can I hold GMAC liable for this as their valuer valued the property for £250,000 3 years ago; please advise urgently.