Reclaim Unfair Bank Charges Discussion Area

sophiecat_2

When filling out mcol, do i have to use any different wording for a business account? Its my partners account and he works on his own. Its in his name, so i dont see how it needs to be any different? Anybody know? Thanks xx

droopy1

Update for the very clever Twinky! Thanks for your wisdom!
Indeed things are as you said...now awaiting court info as Barclays have offered a defense (sneeky devils!), they crept under the wire...so its wait again now...lesser mortals would fold! BUT THEY WILL NOT BEAT THIS OLD BIRD>>not while good people here keep their support going. THANKS ALL! xx

Helmbroken

Hi

Is there anyone out there who has success using the Financial Ombudsman Service after the 8 week period & thus avoided MCOL action? Also, if FOS used, can interest be applied & is it likely to be awarded?

I am a bit skint at the mo, and am at MCOL stage now for 2 claims for Morgan Stanley & Capital One & also as my HSBC claim has been defended, my local court have given me a date of AUGUST :mad: for hearing.

Thanks in advance of replies.

(Duplicate post - Posted elsewhere too!)

jmaxted

Hi,im near the end of trying to claim £5000 from my bank, yesterday checked online to see that theyve put in a defence.Has anyone been at this stage? if so have you any advice you could give.Im quite worried now.I had 2 days to go to win by default and they put a defence in.

Twinkly

SJRow wrote: »

That's great, thanks. So along with the first letter I send (signed by my sister with note underneath saying On Behalf Of Me), I need to send a letter from me saying that she will be signing on my behalf.
They blocked access to my online banking account cos I tried to access it overseas (surely this is one of the benefits of online banking???? Thanks HSBC you morons!), and despite requesting 4 times for them to send me the 'security pack' so i can re-register, they haven't!
Have many people had success with claiming from HSBC? I see a lot of feedback about other banks...

To be a little more precise you could send a letter along the lines of :

Date

Dear Sir/Madam

In my absence from the UK I,(your full name), authorise my sister,(her full name), to have full access to my account for the purpose of reclaiming unlawful bank charges. All correspondence in direct relation to this matter is to be sent to this address: (her address) until further written notice from myself.
*your signature* and print name underneath.

Then a paragraph underneath where she makes a declaration along the lines of:

I, (her name), accept full responsibility in corresponding with regard to the matter of reclaiming unlawful bank charges from the account of my brother, your full name, in his absence from the UK. I agree to accept all correspondence with regard to this matter at my address: (list address again for continuity) until further written notice from him.
*her signature* and print name underneath.

They will probably ask for some ID and give examples of that they will accept, if they dont then ask what is acceptable.

As regards blocking your online access this is one of a few tricks to annoy and delay you, dont let it put you off though.

I posted 115 cases of success with HSBC and there have been more reported. The threads got mixed up a week or so ago so I havent bothered to trawl for more but I know there have been quite a few more cases since I researched up to 98 pages. You have an excellent chance of reclaiming the lot when you finally get your hands on your details

Twinkly

VPankhurst wrote: »

Can someone please advise. I issued warrant of execution
when there was no
response to Judgment by Default against Barclays. They have sent a letter
that i should agree to payment of the sum paid by them in full and final settlement of my claim.Also there be a voluntary Stay of Execution pending payment. That upon receiving payment I write to the Court stating that I have
withdrawn my claim pursuant to a settlement between the Parties. Finally that I consent to the default Judgment being set aside:They have enclosed draft Consent Order for me to sign and set aside the Default judgment, which they say they will arrange for it to be filed at Court after my account has been credited. Barclays say once they have received these documents from me they will arrange for the funds to be recredited to my account.

I don't want to put a step wrong now as it is the Bank's litigation team dealing with the matter.I don't know if I should sign and don't understand
"There be a voluntary Stay of Execution pending payment"

Any advice gratefully received.

Oh good grief they're trying to make you set aside the judgement awarded by the court for payment in full. You refuse this of course but I dont know the legally worded way to do this. What sum are they talking about ? Did they make an offer in full before you went to court ?

The 'Voluntary Stay Of Execution' means if you sign it you cant go ahead and enforce the warrant of execution on the judgement while you wait for them to pay you.

Twinkly

sophiecat wrote: »

When filling out mcol, do i have to use any different wording for a business account? Its my partners account and he works on his own. Its in his name, so i dont see how it needs to be any different? Anybody know? Thanks xx

The business account thread on this site contains a lot of recommendations to go to the Consumer Action Group site for detailed information on business accounts so you may wish to use those threads for advice and help. You need to register but it is free.

There is a suggested Particulars Of Claim template here:
http://www.consumeractiongroup.co.uk/forum/hsbc-bank/36808-business-accounts-partics-claim.html?

and the business account thread is here:
http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets.html?

Good luck

Twinkly

Helmbroken wrote: »

Hi

Is there anyone out there who has success using the Financial Ombudsman Service after the 8 week period & thus avoided MCOL action? Also, if FOS used, can interest be applied & is it likely to be awarded?

I am a bit skint at the mo, and am at MCOL stage now for 2 claims for Morgan Stanley & Capital One & also as my HSBC claim has been defended, my local court have given me a date of AUGUST :mad: for hearing.

Thanks in advance of replies.

(Duplicate post - Posted elsewhere too!)

When I researched the success thread for the 4 institutions I am reclaiming from I found:

Abbey - 2 cases sent to Ombudsman
1 settled for less than full amount presumably no interest
1 settled confirmed as with interest.

Capital One - 2 cases sent to Ombudsman
1 settled for less than full amount presumably no interest
1 settled for more than claimed but no confirmation that it was with interest.

There is a thread here with regard to using the Ombudsman:
http://forums.moneysavingexpert.com/showthread.html?t=434244

Good luck

Twinkly

jmaxted wrote: »

Hi,im near the end of trying to claim £5000 from my bank, yesterday checked online to see that theyve put in a defence.Has anyone been at this stage? if so have you any advice you could give.Im quite worried now.I had 2 days to go to win by default and they put a defence in.

My advice is to simply not worry, this is normal. The defences issued by the banks are usually standard but if there is something you are particularly worried about when you receive your copy of it then ask in the forum.

From here you will receive a copy of their defence and possibly an Allocation Questionnaire to complete and return with the £100 fee since your claim is over £1,500. If you are exempt from fees then you will not pay this though. There is also the possibility that an AQ will not be requested by the court as the banks are not turning up at court and this is annoying some judges. If you receive one there is help to complete it here:
http://forums.moneysavingexpert.com/showpost.html?p=3889249&postcount=8
Thanks to Rex_Mundi.

Try not to worry and good luck

SJRow

You guys are so helpful! Big Thank You TWINKLY!