Reclaim Unfair Bank Charges Discussion Area

Twinkly

geoff1057 wrote: »

ongoing saga of my daughters, ADDITIONS ACCOUNT which Barclays thought she should have, without telling her,and without telling her there was a charge for it. after numerous phone calls ,they told her that they would reimburse six months charges ,out of three years, charges were between £9 and £11 per month, then this morning she received a letter from Barclays , saying this.....................................Unfortunately,the bankcannot justify why you would be eligible for a full refund of fees. Whilst the bank do not doubt that the Additions feature may have been mis sold to you,thefact remainsthat youhave been in regular receipt of your quarterly statements which have clerly stated that your account was Additions,as wellas show each monthly fee for this account. You have had ample opportunity to raise this with the bank snce november 2003, but have failed to do so.By your own admission,you have failed to check your account statements,however it would be unrealistic to suggest an error would go unnoticed for over three years.As well as this our decision is supported by te fact that you have consistently used your overdraft limit a a reduced rate of intrest.As this constitutes the use of a primary feature of the Additions account the bank remains asured that the offer of a years charges is a completely fair and reasonable compromise to bring this matter to a mutually satisfactory conclusion,........................................................so from first offering nothing ,then six months ,now twelve months charges returned . this subject was only brought to our attention after watching whistleblower,and as far as using overdraft facility at special rate ,always had an overdraft ,no idea what rates are ,as probably thousands of other overdraft users..........so where do we go from here anyone any ideas???????? financial ombudsman maybe???????

In case you didnt see it, in response to you asking me yesterday, I answered here:
http://forums.moneysavingexpert.com/showpost.html?p=4965654&postcount=2200

Of course someone else may also be able to advise.

Twinkly

sika wrote: »

i have followed the guide lines up to and including the entering of a claim on line for a sum of £1500 and i have just been issued with defence papers from nat west, also include was a document requesting information and clarification on certain issues. Iam now starting to feel out of my depth and dont now if i should seek legal advice. I have not received a questionaire from the courts and dont know if that will happen? They have given me until the 1st may to reply. HELP PLEASE

Basically you give them the information and clarify the issues. Without knowing exactly what they want to know and what you are struggling with, it is difficult to help you.

Twinkly

chamb7914 wrote: »

Have just checked online and both Halifax and LLoydstsb credit cards have been updated on MCOL to say defended. Does this mean im off to court and more money or does this mean they are dragging this out as long as possible. Any advice would be good thanks

G

:money:

Its quite normal for the banks to state an intention to defend, so giving them another 14 days to actually do it, and not bother. It can be a stalling tactic. It doesnt neccessarily mean you are off to court but should prepare for the possibility.

If they actually defend in the next 14 days you may receive a copy of their defence, the Allocation Questionnaire to complete and direction from the court as to how to proceed. However, in recent cases the Allocation Questionnaire, which would cost you a further £100, has been dispensed with. Since the banks, in the majority of cases, do not actually turn up at court to defend some judges see this AQ as a waste of time. I can only advise to sit tight and wait and see for the moment. Dont worry unneccessarily and deal with things as and when they happen. If you receive an AQ to complete there is a section here to help you:http://forums.moneysavingexpert.com/showpost.html?p=3889249&postcount=8

Good luck

Twinkly

swazine wrote: »

GOING TO COURT:

I having been going through the mcol motions with RBS since January. I have now received the following letter from the Central London County Court:


"It is ordered that........Upon reading the court file and the allocation questionnaires filed by the parties and on the court's own initiative it is ordered that the case is transferred to the xxxx court at the Royal Courts of Justice for the attention of His Honour Judge xxxx QC

Take notice that this order having been made without notice, any party affected by it has the right to apply within 7 days after service of the order to vary or set aside the order."

Should I be worried or is this just a natural step in the process?

Dont worry this is a natural step in the process. You cannot continue at this point online and so this step is to allocate your case to an actual court building for hearing. Good luck

haughy1

hi, can anyone advise me on wich address i should put on my claim form. i am filing my claim on mcol against lloyds, should i use my branch address or andover recovery address in hampshire which is where my local branch forewarded my template letters to, not quite sure if i am taking my branch to court or andover recovery, as they have been the ones responding to my letters and not my branch where i sent them to
thanx debi

swazine

Twinkly wrote: »

Dont worry this is a natural step in the process. You cannot continue at this point online and so this step is to allocate your case to an actual court building for hearing. Good luck

Phew! Thanks, twinkly

Hendrix_lennon

Haughy - i don't think it really matters, it always finds its way into the correct department.
If it's worth anything i sent mine to the branch where I opened my account and got the ball rolling.

ALSO

I got a letter from Lloyds last week after I wrote asking for my money back saying that they were sorry to hear about my complaint and were going to investigate it somepoint in the next 4 weeks.
Is this all just part of the process ?

Should I just hold tight ?

geoff1057

having trouble finding my posts, but thanks Twinkly, they ask a question in the first sentence, and answer it in the second. i will seek out the financial ombudsman, keep you updated ,and once again many thanks

Twinkly

geoff1057 wrote: »

having trouble finding my posts, but thanks Twinkly, they ask a question in the first sentence, and answer it in the second. i will seek out the financial ombudsman, keep you updated ,and once again many thanks

If you click on your username in any post you have made you can select to "find more posts by geoff1057" and the forum will search and present all your posts. It is difficult to keep track if the forum is busy but this way you backtrack to particular posts easily and quickly. Its saved me many a brain fart I can tell you

If you click on the link I posted it will take you directly to the post on the forum.

They have tried to fob you off I think but their admission in writing that the account was missold is crucial. I do hope the FO gets you a full refund, best of luck

Twinkly

Hendrix_lennon wrote: »

Haughy - i don't think it really matters, it always finds its way into the correct department.
If it's worth anything i sent mine to the branch where I opened my account and got the ball rolling.

ALSO

I got a letter from Lloyds last week after I wrote asking for my money back saying that they were sorry to hear about my complaint and were going to investigate it somepoint in the next 4 weeks.
Is this all just part of the process ?

Should I just hold tight ?

You could wait until the 4 weeks are up. They have entered you into their complaints procedure and they are allowed 8 weeks to reply under the FSA guidelines to deal with a complaint. It only really applied if you are intending to pursue the matter through the Financial Ombudsman as you would be required to have exhausted the banks complaints procedure first.

You arent intending to do this so you have no requirement to stick to this timescale. All that is required from the court is that you have given sufficient time and/or notice of impending court action for them to resolve the matter. You can follow the timescales laid out in the main article and template letters and simply continue accordingly as each time limit expires. Good luck