Reclaim Unfair Bank Charges Discussion Area

thomas0735

rdavenport wrote: »

Thanks for replying, good to know someone is actually out there!

Just to confirm, I have sent the second letter saying I will take them to court if they don't pay, and it has been 14 days.

I am concerned about the legality of of stating 14 days. I telephoned HSBC today, and said that their 14 days were up and I would be proceeding to make a court claim, (hoping it would prompt them to offer me something). The answer I got was that they are still within their 8 week deadline set by the Financial [something] Scheme from the date of my first letter (22nd March). (Actually that is the letter asking for the money back, not the first letter in which I requested my statements). That means that it's only been 4 weeks since the "asking for my money" letter, so I'd have to wait a further 4 weeks from now.

In this situation, is it advisable to wait for their response (that they have to send within 8 weeks), then go to court if I have to, or just carry on regardless, and start the court claim now? I'm a bit reluctant to do it because the claim is going to cost £120, (Martin didn't mention that in the article! (...that I saw...)).

Any info from people ahead of me would be greatly appreciated.

Richard (claiming £1500 from HSBC).

It's up to you but I'd be tempted to wait another 4wks and see if they offer you anything and try and save the £120, although if they pay out or the court rules in your favour you get the £120 back.

Martin does mention the court charges "There’s a fee of between £30 and £120, depending on the size of your claim, which can be paid by a credit or debit card; though it’s refunded if, and hopefully when, you win."

bewdleyjon

Hi All, I hope someone can shed some light!

I am taking my bank to court over 2 accounts i have with them. The one claim is ok because its well under the £5K limit for small claims.

However my other account has £5038 of charges, with interest this makes £5808 (using the wonderful calculator!). Now Martin says that its worthwhile rounding this down to the £5K limit to reduce costs and reduce the risk of it not being handled as a small claim. He also states that this is for the claim amount BEFORE you add statutory interest. Therefore I should claim the £5K plus interest. But the help window on MCOL says that the claim amount should include interest, so when you calculate the cost, it bumps it up from a £120 fee to a £250 fee. The extra cost isn't a problem as this will be added to the judgment, but will it still be looked at as a small claim?

Also, and this is probably a daft question, but I presume for each claim I make, I have to put the details of the account number? and do I put that somewhere in the particulars of claim?

Hope someone can help!

Cheers

jazzkitty

HI THERE TO EVERYONE.I'M NEW HERE BUT WANTED TO ASK ANYONE IF THEY HAD HAD MUCH LUCK WITH CLAIMING FROM NATWEST? I SENT MY FIRST LETTER BACK IN FEB 07 AND PREDICTABLY THEY SENT IT ON TO ANOTHER BRANCH IN MANCHESTER.I GOT A LETTER TO SAY THEY ARE SORRY THEY COULDN'T DEAL WITH IT AND HAVE NOW SENT IT ON TO THE CUSTOMER SERVICES!THIS LETTER WAS SENT ON THE 13TH MARCH.I HAVE GAVE NUMEROUS PHONE CALLS TO THE CUSTOMER CARE CENTRE AND THEY SAID THEY REGISTERED THE COMPLAINT ON THE 24TH AT THEIR CENTRE.THEY ARE LIEING BECAUSE A COLLEAGUE OF THEIRS EARLIER SAID THEY'D RECEIVED IT AT AN EARLIER DATE.THEY SAID THEY COULDN'T TELL ME ANYTHING ELSE AND I COULDN' DO A THING UNTIL THE 8 WEEK DEADLINE WAS UP, WHICH ACCORDING TO THEM MAKES IT THE 24 MAY!!!!
I SENT ALL MY DOCUMENTS BY REGISTERED POST.I HAVE THREATENED THEM WITH COURT ACTION VERBALLY, AND THE STAFF JUST SEEM NOT TO CARE AND ARE READING FROM A COMPUTER SCREEN.THEY SAID THE BANK HAVE THE 8 WEEKS FROM THE DATE THEY REGISTERED THE COMPLAINT ON THEIR SYSTEMS AND THAT I'LL HAVE TO WAIT UNTIL THEN TO HEAR ANYTHING BECAUSE THEY DON'T HAVE THE RESOURCES TO DEAL WITH THE THE HIGH NUMBER OF CUSTOMERS WANTING THEIR CHARGES BACK.SO ALTOGETHER IT'S BEEN 2 MONTHS SO FAR AND NOTHING....I WILL KEEP YOU UPDATED AS WHAT HAPPENS NEXT....

thomas0735

SickOfBankCharges wrote: »

Hi Everyone,

Hope you are all well.

I have posted a few items recently but am battling several financial institutions and like to do focus on one at a time as i am well, useless at this kind of thing!

I have just taken possesion of my Barclays bank current account statements,they were 2 weeks late.

My first question is cheeky and envolves past refunds , basically in the past i have, by kicking up such a stink, managed to get 2 or 3 charges refunded (on seperate occasions), now as i say it is cheeky, but i thinking about including these charges which were refunded on to my claim, it is not my concience stopping me but i fear i may be found out as it were.... so am really just after someones advice? perhaps someone out there has done simillar? !

My 2nd question is about interest, can it be added against current account claims? if so how can it be calulated?

My claim is for £370.00 (inc the charges i had refunded)

or £310.00 (if they are not included in my claim)

If anyone can help on either of these points i would most grateful.

Kind Regards,

SickOfBankCharges - & Debt

My sucesses so far:

Natwest Bank £1150.00
Capital 1 credit card £190.00

pursuing others and will report back with updates on Nationwide Building Society / Barclaycard / Barclays Bank

I managed to get half of one charge refunded so I only claimed for the half I didn't get, but that was my choice as I felt it would be really cheeky to claim back money I had already reclaimed and might put them off refunding me without me taking them to court

System

chomps13 wrote: »

Hi guys

I received my allocation questionnaire this morning, thought I would! Was all fired up ti complete it and take it to my court on Monday (work next door, handy!) when I looked at it and got all confused!Parts 1,2 and 3 have been completed by LLOYDS. But part 4 - IF YO UWISH TO MAKE A CLAIM AGAINST THE CLAIMANT (is this now LLOYDS as it is their defence?) do I just put in the amount of money, including court costs, the extra £100 and the 8% interest? and then put th enature of the claim and then sign it?

SOrry to take up space, couldn't find this question asked before. I'm wondering if I should just give up now as it sounds like LLOYDS might win. Please help me!

THank you.

Hi chomps

Are you sure the form you are looking at is not the Defence / Counterclaim form which is completed by Lloyds?

There should be a seperate Allocation Questionnaire enclosed for you to fill out. Usually you get sent the following:

- A front sheet headed 'Notice that a Defence Has Been Filed'
- A copy of the defence
- Form N149 or N150 Allocation Questionnaire printed on white/peach paper for you to complete.

If no Allocation Questionnaire is enclosed call the court and ask why, it may have just been an admin error.

Regards
UNDERGROUND

madlee

jazzkitty wrote: »

HI THERE TO EVERYONE.I'M NEW HERE BUT WANTED TO ASK ANYONE IF THEY HAD HAD MUCH LUCK WITH CLAIMING FROM NATWEST? I SENT MY FIRST LETTER BACK IN FEB 07 AND PREDICTABLY THEY SENT IT ON TO ANOTHER BRANCH IN MANCHESTER.I GOT A LETTER TO SAY THEY ARE SORRY THEY COULDN'T DEAL WITH IT AND HAVE NOW SENT IT ON TO THE CUSTOMER SERVICES!THIS LETTER WAS SENT ON THE 13TH MARCH.I HAVE GAVE NUMEROUS PHONE CALLS TO THE CUSTOMER CARE CENTRE AND THEY SAID THEY REGISTERED THE COMPLAINT ON THE 24TH AT THEIR CENTRE.THEY ARE LIEING BECAUSE A COLLEAGUE OF THEIRS EARLIER SAID THEY'D RECEIVED IT AT AN EARLIER DATE.THEY SAID THEY COULDN'T TELL ME ANYTHING ELSE AND I COULDN' DO A THING UNTIL THE 8 WEEK DEADLINE WAS UP, WHICH ACCORDING TO THEM MAKES IT THE 24 MAY!!!!
I SENT ALL MY DOCUMENTS BY REGISTERED POST.I HAVE THREATENED THEM WITH COURT ACTION VERBALLY, AND THE STAFF JUST SEEM NOT TO CARE AND ARE READING FROM A COMPUTER SCREEN.THEY SAID THE BANK HAVE THE 8 WEEKS FROM THE DATE THEY REGISTERED THE COMPLAINT ON THEIR SYSTEMS AND THAT I'LL HAVE TO WAIT UNTIL THEN TO HEAR ANYTHING BECAUSE THEY DON'T HAVE THE RESOURCES TO DEAL WITH THE THE HIGH NUMBER OF CUSTOMERS WANTING THEIR CHARGES BACK.SO ALTOGETHER IT'S BEEN 2 MONTHS SO FAR AND NOTHING....I WILL KEEP YOU UPDATED AS WHAT HAPPENS NEXT....

I sent a letter to natwest on 22nd march reclaiming bank charges, rang them yesterday and they said they would write back to me by the 2nd may as they reply 30 days from the end of the month which they receive the letter.

Beate

thomas0735 wrote: »

It's up to you but I'd be tempted to wait another 4wks and see if they offer you anything and try and save the £120, although if they pay out or the court rules in your favour you get the £120 back. [/COLOR]

Sorry, but I don't agree. HSBC is unlikely to pay you back if you don't stick to your timescale and file a claim. Every bank tries to fob us off with the 8 weeks nonsense. Stick to the timescale set out by Martin: 14 days for the first letter asking for your charges back, 14 days for the second letter in which you mention court, and then go ahead and do it! Once a court claim is filed, you are entitled to the full sum + interest + court fees.

suedong

jazzkitty wrote: »

HI THERE TO EVERYONE.I'M NEW HERE BUT WANTED TO ASK ANYONE IF THEY HAD HAD MUCH LUCK WITH CLAIMING FROM NATWEST? I SENT MY FIRST LETTER BACK IN FEB 07 AND PREDICTABLY THEY SENT IT ON TO ANOTHER BRANCH IN MANCHESTER.I GOT A LETTER TO SAY THEY ARE SORRY THEY COULDN'T DEAL WITH IT AND HAVE NOW SENT IT ON TO THE CUSTOMER SERVICES!THIS LETTER WAS SENT ON THE 13TH MARCH.I HAVE GAVE NUMEROUS PHONE CALLS TO THE CUSTOMER CARE CENTRE AND THEY SAID THEY REGISTERED THE COMPLAINT ON THE 24TH AT THEIR CENTRE.THEY ARE LIEING BECAUSE A COLLEAGUE OF THEIRS EARLIER SAID THEY'D RECEIVED IT AT AN EARLIER DATE.THEY SAID THEY COULDN'T TELL ME ANYTHING ELSE AND I COULDN' DO A THING UNTIL THE 8 WEEK DEADLINE WAS UP, WHICH ACCORDING TO THEM MAKES IT THE 24 MAY!!!!
I SENT ALL MY DOCUMENTS BY REGISTERED POST.I HAVE THREATENED THEM WITH COURT ACTION VERBALLY, AND THE STAFF JUST SEEM NOT TO CARE AND ARE READING FROM A COMPUTER SCREEN.THEY SAID THE BANK HAVE THE 8 WEEKS FROM THE DATE THEY REGISTERED THE COMPLAINT ON THEIR SYSTEMS AND THAT I'LL HAVE TO WAIT UNTIL THEN TO HEAR ANYTHING BECAUSE THEY DON'T HAVE THE RESOURCES TO DEAL WITH THE THE HIGH NUMBER OF CUSTOMERS WANTING THEIR CHARGES BACK.SO ALTOGETHER IT'S BEEN 2 MONTHS SO FAR AND NOTHING....I WILL KEEP YOU UPDATED AS WHAT HAPPENS NEXT....

I started my claim on 9th January, 2007 just got the first offer of £660 which is about half of the claim. Due to the time it has taken trying to decide whether to take the offer of write back again.

Isabelle

HSBC
Claimed £4,356.63
Offered £3,376.35


Hi everyone



Got to the MCOL with HSBC (filed just under 2 weeks ago). Bank responded by filing intention to defend, today got letter with settlement figure of £3,376.35 (original amount of charges).
They don't want to pay for the statutory interest (another £1000 or so) but I'm thinking of accepting their offer anyway. The whole process has taken about 6 weeks...don't know what to do now!
What do you think?

ripski

I have got no response whatsoever from Natwest depsite going through the advised letter process.I started in Febuaury and filed with MCOL at the beginning of this week Maybe this will elicit a response!