Reclaim Unfair Bank Charges Discussion Area

Edinburghlass_2

Thread here about GE Money/Finance if that helps, it does sound like a standard letter.

http://forums.moneysavingexpert.com/showthread.html?t=330787

You can claim on late payments on mortgage accounts but not paying by dd is a different thing altogether.

theozziend

theozziend wrote: »

Morning everyone. Very disappointed and a bit worried. I have received my order this morning from my local court (me v. Barclays). The hearing is not set until 25th July!! Two major problems - I am on holiday - booked in January. What do I do? Second, they are asking me to send certain documents to both Court and Defendant. I have a real problem here. I was sent reams of copy statements, which I trawled and produced an Exel schedule of dates, charges and reasons. I have this, along with the interest calculater used and sent to them. I can see why the court need me to send these, but Barclays have them, and they sent me the statements in the first place! Unfortunately, when I had finished my work, the statements were in a carrier bag, and I can only think the cleaner at work collected them and binned them. As I say, I have a schedule listing all the information, but not the copies. I could pay my £10 and ask for them again, but I only have 28 days. Can I send the schedule and copy interest calculator and follow up with the statements, or will they strike my claim for failure to comply? I really need this money, and could have done with a lot sooner than the end of July. I am seriously concerned.

PLEASE GUYS. I AM SERIOSLY WORRIED HERE. PLEASE WHAT SHOULD DO??

Edinburghlass_2

Please read this thread, if this is the letter you have received then send them off a copy of your list. As regards being away on holiday you would be best to phone the court you are scheduled for and ask them.

chomps13

Hello all

I filed my Moneyclaim claim on 19th MARCH, taking it to SAT/SUN for it to be received after the 5 days were up.

They of course ackowledged it within the first 14 days, giving them the second 14 days in which to file a defence. They have not filed a defence so in theory I should be able to start my Judgement TODAY. However, it says I cannot do this yet as not enough time has passed.

Can anyone tell me how long I have to wait now? 2 of my other claims have both gone to Allocation Questionnaires so I thought I was lucky with this one, now I don't know what to do!

Any help is much appreciated, thank you!

chomps13

Edinburghlass wrote: »

http://forums.moneysavingexpert.com/showthread.html?t=400981

Hi Edinburghlass

Thank you for the above thread, and after reading through how to fill out hte Allocation Questionnaire, I looked back at the papers I have received and realised that they were not the questionnaire,despite the covering letter requesting me to complete the 'enclosed' questionnaire and return. No wonder I was confused!

It is just Defence and Counterclaim forms that I have received, of which I cannot do anything with. Do I contact my local court and request a questionnaire, or do I just sit tight and wait, and if so, ofr how long?

Many thanks for your continued help, you are making a difference to us mere mortals!And sorry for listing 2 separate posts (the one above this one) but I have 3 claims going on at one time. :T

chomps13

TheUrbanJedi wrote: »

Am claiming for around £2000 from HSBC. Eventually claimed through MCOL, and recieved a letter today which is a NOtice of Transfer of Proceedings, basically saying that the claim is being transferred to my local county court.

Next is a court order from Northampton (the original court) dated 10/4/07, which states that the district judge has ordered 'the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise'

Does this mean my local court will subsequently send me a questionaire????

And, HSBCs defence basically states:
1- Terms and conditions apply to the account
2 - HSBC is therefore entitled to charge for services as per price list, including an 'overdraft review fee' (????)
3 - HSBC denies charges are 'penalties' under common law or unfair contract terms under UTCCRs
4 - The charges are reasonable and fully disclosed in publshed price list and are contractually agreed prices, and the charges are not default charges and cannot amount to a penalty
5 - HSBC reckon I am a liar

Anything to worry about here??? I am dying to get to court, I tell you. I love court hearings and proceedings, and have about 12 years experience of criminal court proceedings and giving evidence.

So, do I have to do anything, or just sit and wait? What is the tactic of the bank at this stage? Is it to see if I'll bottle out?

I am at the same stage and am wondering if I will receive a questionnaire? Can I be cheeky and ask what happened? Were you successful? Did you get to Court to kick a**?! I too have experience and wonder if it will get that far.....

Beate

chomps13 wrote: »

Hello all

I filed my Moneyclaim claim on 19th MARCH, taking it to SAT/SUN for it to be received after the 5 days were up.

They of course ackowledged it within the first 14 days, giving them the second 14 days in which to file a defence. They have not filed a defence so in theory I should be able to start my Judgement TODAY. However, it says I cannot do this yet as not enough time has passed.

Can anyone tell me how long I have to wait now?

When the date falls on a weekend, the court allows 1 or 2 more days, so try again on Monday.

feedering

Beate wrote: »

When the date falls on a weekend, the court allows 1 or 2 more days, so try again on Monday.

When the date falls on a weekend they allow the next working day only. So you could apply on Monday at midnight.

feedering

TaraM wrote: »

Hi
2 QUESTIONS:
I am claiming against HSBC and have just received the letter from the court saying that they are defending and therefore have 28 days etc. Since writing my 1st letter (must reply in 14 days etc) to HSBC I have been charged £50 in Notified fee charges which led me to become overdrawn, yesterday I was charged another £50 can I claim this £100 back?
My problem is I am self employed and therefore have not got a regular weekly/monthly income so they think my account is badly managed.....how am I suppose to manage my account when they keep taking £50 every month without notifying me? The first I hear of it is when they take the money out.

Having followed the steps I filed my claim via MCOL on 07/04/07. On 9/04/07 I received a letter from HSBC dated 26/03/07 requesting that I send a list of the dates of the charges and the description, should I be replying to this letter? they have all my statements surely this is just a delay tactic?

Yes send another schedule of charges.

You could amend the claim to include the further charges using the N244 this link
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

However as the charges are not a great amount and you cant reclaim the £35 charge I advise you to
a) ask them to include the charges when they make their settlement offer.
b) Start a claim again for these charges when this claim is finished.

TheOne

Well I posted a second letter to Lloyds.
I decided to be a bit nice and say I would settle for a bit less than my original amount, but if they didn't pay up I would be taking them to court for the full amount inc interest.
They received the letter and I looked up the POD. What ya reckon this says?...
(The stamped bit)



http://www.oneuk.f2s.com/images/temp/pod.jpg