Reclaim Unfair Bank Charges Discussion Area

Twinkly

Getbackintheblack wrote: »

Hi,

I have issued my claim on MCOL.

When checking status it says -
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

The claim was issued on 11.04.07, how do i know when they are served with the claim, so i can prepare for the 14 days

Thanks for your help

I've read it takes 5 days to them to be served with the claim and so I would count 14 days after that so I am banking (pardon the pun) on that if/when I file. Perhaps someone who has done it can advise more specifically. Good luck

Twinkly

sunnydisposition wrote: »

As a newbie, I'm probably butting in and posting in the wrong area - soz - but I can't quite work out where exactly to post my query. Maybe someone could let me know the best place if this isn't?

Hello there, I have a cheque account converted to an overdraft in order to pay £11,000 debt on two credit cards. I missed one payment by accident and, in the same year, I fell behind with one payment for one month and First Direct politely asked me to leave. For years I had paid what must have amounted to thousands of pounds in charges, so I'd quite like to politely ask them for the return of some of that. However, I don't remember signing any contract re this 'overdraft', which I guess means they can change the goalposts at any time. They did discuss a contract, though I never received it to sign it. Two years after setting up the repayments, could I now insist on a contract to cover our 'gentleman's agreement' to prevent them upping the low interest rate to punish me when I begin the process of reclaiming six years of extortionate charges?

Thanks

Hm. I should think that yes, you can ask for an agreement to sign and keep your interest rate low, but I would do it before reclaiming charges to be on the safe side. There is something called the Right Of Set Off you should be aware of as they will try and take any refund of charges against the 'overdraft' before paying you a penny. It is vital you have the terms of conditions of your overdraft in writing as evidence. See here for more information:
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

Basically they do have right to set off any refund of charges against this debt but according to the Financial Ombudsman certain conditions would have to apply. The money taken would have to be 'due and payable' and they could only take the missed payment not the full amount. They can take the full amount if they have officially recalled the overdraft. Obviously if they recall the overdraft officially and try to take the full amount of refund of charges after you reclaim then you can complain to the FO at the blatant retaliation for reclaiming your charges.

You can see how it is imperative to have written proof of the contractual agreement for this overdraft arrangement. Word it as a query stating you need to have this information in writing for your records and keep it simple. Make no mention of reclaiming charges at this point and dont even begin to ask for your details until you have this paperwork stating (as well as anything else) the interest rate and, much more importantly in this case, the amount and frequency of repayments agreed.

Good luck

Edinburghlass_2

Getbackintheblack wrote: »

Hi,

I have issued my claim on MCOL.

When checking status it says -
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

The claim was issued on 11.04.07, how do i know when they are served with the claim, so i can prepare for the 14 days

Thanks for your help

You'll find a nice new post by Beate in the Reclaim Help Thread, link in my signature, which gives you a guide to the MCOL timings.

Edinburghlass_2

CYPRUSGIRL wrote: »

Hello Am New To This Site So Forgive Me If This Question Is In The Wrong Place But I Am Reclaiming Bank Charges From Lloyds Tsb Just Over £4000 My Worry Is That After 2 Letters Sent To The Bank I Started A Claim On Line The Bank Has Until The 6th Of May To Defend...... But My Worry Is That I Have Read That You Have To Send A Spread Sheet Of All Charges In With Your Claim But I Also Read That You Only Send This After They Defend And You Have Been Sent The Questionaire From The Court??? Which Is Right Can Anyone Tell Me When You Are To Send Other Info Was There Anything Else I Should Of Done When Making The Claim Like Sending Other Info By Post?? Sorry To Go On But Feeling Rather Concerned About It Any Advice Would Be Great

You'll find a guide to filling in the Allocation Questionnaire and other help in the Reclaim Help Thread which is linked in my signature.

MaGoo

Hello everyone. What a BRILLIANT site. A MASSIVE WELL DONE to Martin :money: .

I am new to this site and am struggling to find my way around it so hopefully this message is going to the right area. If not then please tell me so.

I have sent Nationwide the 2 template letters (As I already have copies of my statements which I enclosed I used the 2nd and 3rd templates) and got a very similar response to both. In a nutshell saying that I had signed an agreement to their charges when I opened my account therefore they are offering me nothing.

Do I now go to the next stage and take them to court?

Thank you

codydog78

i woke up this morning to find that halifax are going that "extra" mile with my claim and are defending it!!

thank you to everyone who has posted advise and answers to the 28days defence period as i immediately paniked!!!

no question though...

in the letters i sent off to the banks initially i claimed interest. when i filed with moneyclaim i didn't claim for interst on the form you fill in. can i change this now as they have been stalling for so long??

Sammy7_2

Hi

Has anyone had any dealings with G E Money Consumer Lending - which was orignally known as First National Consumer Finance when I took out my loan - I have sent the first letter giving them 14 days to reply - they replied saying that the fees were in the terms etc - so I then sent of LBA giving them another 7 days to which they have replied again saying that all fees applied within terms - therefore they are unable to reverse any fees to my account.

What should I do about this - has anyone else claimed from them or do different rules apply to loan accounts?

amarshak

Hi

I know that you can reclaim bank charges does it also apply to credit card charge, e.g taking out advance cash from credit cards and they charge a fee for the privalage which i think it is it is too much. Can anyone please confirm this if the tamplate letter can be sent to Bank credit card companies aswell. I hope to hear from you thanks in advance.

LINDSEY321

Hiya, im about to set Judgement by default for halifax but I need an address for the warrant as I cant use a PO Box address, does anybody have an address for them.

Thanks
Lindsey

Edinburghlass_2

You'll find a list of what charges you can claim in the Reclaim Help Thread which is linked in my signature. Just alter the template letter to say you are claiming back late payment fees and/or over limit fees or whatever your cc company calls the charges.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Bank Charges Video Guide | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip