Reclaim Unfair Bank Charges Discussion Area

Mama_2

Help Please.....anyone?
I've seen various pieces of info that say a credit card can request the outstanding balance if you claim, and some info which says they can't. I'm over my limit and currently paying less than the minimum payment as i can't afford to pay anymore. If i claim, can they ask for the lot back?

Thanx.

Twinkly

Mama wrote: »

Help Please.....anyone?
I've seen various pieces of info that say a credit card can request the outstanding balance if you claim, and some info which says they can't. I'm over my limit and currently paying less than the minimum payment as i can't afford to pay anymore. If i claim, can they ask for the lot back?

Thanx.

Yes they can unfortunately. You can complain to the Financial Ombudsman that it is in clear retaliation for reclaiming charges though. They will take any refund of charges off the amount outstanding on the card first, paying you anything left over. If there isnt going to be anything left over and you will still have an outstanding balance then you retain the right to pay instalments based on income and outgoings as usual. I suppose the positive side is that your debt is reduced quicker saving you interest. Good luck

Twinkly

Whitey0372 wrote: »

what will the information commisioner do?

This article has info on it you may find useful. It states complaints are being dealt with on a daily basis but it is not precise about what they actually do:
http://news.independent.co.uk/business/news/article2323398.ece

I assume they contact the bank and tell them to hurry up - or else !

Mama_2

MaGoo wrote: »

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

I claimed £914 from Nationwide and had to file MCOL, they acknowledged the claim paid up 2 days before there defence was due. (26 days after they were served with the papers.)

Good Luck!
Mama.

erimus1

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

Hi Lulu - Bare in mind that you can claim for anything in theory. But if it has to go to court, the burden is on you to prove that you are owed this. Quantifieable damages are know as 'general' in a court, and compensationary damages are known as exemplary - the latter would be quantified by the court, but you would have to put a maximum on your claim form i.e. £2,000, and the court might decide that you should be awarded £1,000

If it does not go to court (all probabilities) then you can ask your bank for any reasonably compensation for any hardship or stress caused. Ancillary just means additional in legal terms.

Hope this helps. Good luck and hope your husband is better soon.

Regards
Steve

Mama_2

MWARD wrote: »

Hi all,

I am about to issue proceedings against Lloyds - they have sent me usual stall letters etc. but I am not sure what address or contact you use for the small claims proceedure.

Any advice much appreciated.

Thanks,
Martyn

I used the branch where i opened my account. They have entered a defence though, so they're gonna fight......but so am i!!

Regards,
Mama.

maxinex

Hi, I am claiming against Monument credit card 729.00, got letter yesterday saying will respond by 10th May, then today got letter saying that on this occasion only they will refund half of the amount, and they will be writing shortly with the amount and if they have not heard from me in 8 weeks, they will consider case closed. They also refused point blank to pay any interest back. Not really sure what to do now, I had only sent the 1st letter about 5 days ago so got a quick response.

I would like advice from anyone else dealing with Monument, half the amount is the charge over the 12.00 recommended. I would like all the charges back even though the account is with DCA and I won't see any of it, but would reduce debt significantly. Thanks for any advice

erimus1

no1cardshark wrote: »

after sending my letter to the bank(abbey) and asking for my statements for the last 6 years i have now recieved statements for just the last 12 months.
i have phoned abbey to ask why i only recieved this and was given an excuse and told it would take another 4 weeks to come through. i have already had to wait 6 weeks for this lot.
im new to this but any help would be greatfully welcomed.

Hi - Just threaten to make a formal complaint to the Information Commissioner - They should supply you with the information within the statutory 40 day period. Should note though that they are only obliged to provide you with details of the charges, and not the actual full statements. Give them 7 days before you make a complaint - hope this helps. Good luck.

Regards
Steve

welly72

Hi All,
This Is My First Post Hope Its In The Right Place.just Phone Halifax About My Bank Statements He Said It Will Be Upto 2 Weeks For Them To Come. He Also Said Not To Calc Interest On As They Will Not Pay This. Is This True

erimus1

jayanator wrote: »

I have read on these forums that you can claim charges back that are older than the last 6 years. Is this true and if so how would I go about it?

Do I go through the same process or do I need to alter the method slightly?

How long do the bank keep my statements on record?

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
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