Reclaim Unfair Bank Charges Discussion Area

Edinburghlass_2

Edinburghlass wrote: »

Please see this post...

http://forums.moneysavingexpert.com/showpost.html?p=4930452&postcount=493

Copying letters to the OFT or the FO will not be necessary.

Please send the above letter by Rex Mundi to the Scottish address and give them seven days to send the information/statements to you.

Len_Beach

Don't shoot the messenger, we had to toe the line regardless of what we felt.

Any info' on my query guys

Question: If the pre-notified charges debit the account before the claim is settled, will the bank be liable to pay them if they are included in the claim?

Here's a quick one for you. A little birdie told me If you withdraw cash from an ATM and it doesn't dispense, Lloyds TSB will submit the usual claim form and investigate. However, any claim of £20 or less will simply be repaid at branch level as the cost and time involved in investigating is not worth the hassle.

Use this info' at your leisure.

erimus1

Just a few points that I would like to mention that I hope can assist anyone with their prospective claims.

1) Please note that claims are statute barred under the limitations Act after a six year period. However, this does not preclude you from asking for the return of charges prior to this. The fact is, this limitation would only arise if it came to court - and that's just not going to happen.

2) You can claim for what you want on the proviso that you have legal recourse and can evidence it. As in my case, above, you may have ancillary losses as a result of these charges, and/or you request compensation.

3) If the Bank/CC Company fail to provide you with the obligated information concerning the charges then they can be reported to the Information Commissioner. Also request off them Punitive damages (ironically, this is what they have been doing to you!), and state that you will be asserting the same from the court should you be progressing matters there.

4) If you want to be really cheeky, as I could have don (but didn't) - the offer of settlement that you receive will be titled as being something like 'compensation for your complaint'. If and when you accept this, in theory, they have still not returned your bank charges, and so, you could still take them to court for it.

5) Please note that the OFT ruling on 'capped' CC charges at £12 is a maximum, and most of all is not over and above the law as provided within the Consumer Credit Act, Unfair Contract Terms Act, and Unfair Terms in Consumer Contracts Regulations - all of which are used for you claiming.

6) Contrary to popular belief, there is now a County Court case against Egg CC, and it was decided that charges should not be higher than £5 - it was obviously decided in favour of the customer, who was awarded a total of £570 - I will update this with popper citations as soon as I can find them but it is a bit sketchy as it is.

Anyway, I hope that these points have been some help. If you have anything to add or think I should amend then please let me know.

Good luck in your claims - remember it is only a matter of time before they pay up 'your' money.

Thanks
Steve

lulu72_2

erimus1 wrote: »

Natwest Bank

Amount Claimed (Charges + Interest) - £946
Amount Claimed (Compensation and Ancillary Losses) - £631.17

Total Received - Full £1,577.17

what compensation did u claim and what are ancillary costs , my husband in bed with phemonia and we are claiming 6370.00 plus interest and court costs but so annoyed that we have to take it so far to get back what is legally ours and could really do with the money now

Lillplop

My husbands Lloyds Account has 3 sets of charges. The charge for the overdraft (£10 a month), interest on the overdraft (depends on how much of it you use) and then there are the going over your overdraft facility fees (anything from £20 to £90 every month). Then there are the bounced direct debit fees. I know the £10 is a fee to have the overdraft facility, the interest on the overdraft facility is also fair enough but the £90 per monthf or going a couple of pounds over the over draft facility, can this be claimed back?

Look forward to hearing from you!!!!

Edinburghlass_2

lulu72 wrote: »

what compensation did u claim and what are ancillary costs , my husband in bed with phemonia and we are claiming 6370.00 plus interest and court costs but so annoyed that we have to take it so far to get back what is legally ours and could really do with the money now

As the Success Stories thread is just for success stories I have moved your question from there and had to cut down the original post so questions wouldn't be asked in that thread. You are more than welcome to pose any questions in this thread.

Edinburghlass_2

Lillplop wrote: »

My husbands Lloyds Account has 3 sets of charges. The charge for the overdraft (£10 a month), interest on the overdraft (depends on how much of it you use) and then there are the going over your overdraft facility fees (anything from £20 to £90 every month). Then there are the bounced direct debit fees. I know the £10 is a fee to have the overdraft facility, the interest on the overdraft facility is also fair enough but the £90 per monthf or going a couple of pounds over the over draft facility, can this be claimed back?

Look forward to hearing from you!!!!

Have a read of the Reclaim Help Thread, linked in my signature for what you can claim and can't claim.

bankh8er

confused

filed online and natwest have acknowledged at the eleventh hour and was hoping to hit the judgement button how long do they have now to move it on is it 28 more days or 28 in total from when they were served initially

sorry if being thick
gutted

Twinkly

bankh8er wrote: »

confused

filed online and natwest have acknowledged at the eleventh hour and was hoping to hit the judgement button how long do they have now to move it on is it 28 more days or 28 in total from when they were served initially

sorry if being thick
gutted

They have 14 days now to state an intention to defend/actually defend. If they havent actually defended when this time is up then have your finger hovering over the button for default judgement again. It is therefore 28 days in total to acknowledge and actually produce a defence after claim is initially served. Good luck

brett24uk

Just a quick question. When claiming - do I add the interest they have deducted to the charges I am reclaiming? Is it ok to then add the statutory interest to the charges+interest that I am reclaiming? If that makes sense. Thanks