Reclaim Unfair Bank Charges Discussion Area

Olliebollie

callyh21 wrote: »

I have a claim against Lloyds fo £1220 which includes int and court charge. They entered a defence yesterday. What will happen next. I feel i'm going to be taken to court and i'll be the only one to lose??

I also have a claim against Lloyds for £1067. They acknowledged the claim but had not heard anything by the 28th day so entered a Judgement yesterday. Have checked Money Claim this morning and now it says that they have entered a defence and I am unable to take further action online and will receive confirmation of what court it will be transferred to shortly. I am slighty worried by the "court" word but going to stick with it and not give up or be intimidated by these people.

geoff1057

Daughter just rang Fiat Finance to ask them to repay the two £26 charges for late payments (caused by barclays taking their charges first from money already in the account ) They of course refused,stating that she signed terms and agreements, so should she forget the £52 or send them a letter threatening court action, ? she thinks she shouldnt bother over £52 as courts will not accept action on this amount

rimbo_2

rimbo wrote: »

Hi all can someone help me i sent my first letter dated 12/4/07
asking for all the charges they have made on my account and the have 40 days to reply correct? now i've got a loan with the rbs and i got myself into a bit of financial difficulty and could not afford to pay the full amount the cab dealt with the rbs
and the rbs as accepted a reduced payment i can afford been making this payment into my account each month now they say put a block on my account meaning i can pay in but cant withdrawn any monies out?
Ive opened a new account at another bank and have my wages paid in and have set up all my direct debits and standing orders with the new bank
now if i'm successful and get my charges back from the rbs and they pay into my account at the rbs i wont be able to take it out
thanks for all you help in advance Ray

Any help please

Olliebollie

callyh21 wrote: »

I have a claim against Lloyds fo £1220 which includes int and court charge. They entered a defence yesterday. What will happen next. I feel i'm going to be taken to court and i'll be the only one to lose??

I also have a claim against Lloyds for £1067. They acknowledged the claim but had not heard anything by the 28th day so entered a Judgement yesterday. Have checked Money Claim this morning and now it says that they have entered a defence and I am unable to take further action online and will receive confirmation of what court it will be transferred to shortly. I am slighty worried by the "court" word but going to stick with it and not give up or be intimidated by these people.

Twinkly

geoff1057 wrote: »

Daughter just rang Fiat Finance to ask them to repay the two £26 charges for late payments (caused by barclays taking their charges first from money already in the account ) They of course refused,stating that she signed terms and agreements, so should she forget the £52 or send them a letter threatening court action, ? she thinks she shouldnt bother over £52 as courts will not accept action on this amount

The courts will accept a claim for this amount and have done for less. Tell her to go for it, the company is under the same obligation as the banks under Consumer Law to prove in court that their costs are not excessive, and good luck

Twinkly

Originally Posted by rimbo
Hi all can someone help me i sent my first letter dated 12/4/07
asking for all the charges they have made on my account and the have 40 days to reply correct? now i've got a loan with the rbs and i got myself into a bit of financial difficulty and could not afford to pay the full amount the cab dealt with the rbs
and the rbs as accepted a reduced payment i can afford been making this payment into my account each month now they say put a block on my account meaning i can pay in but cant withdrawn any monies out?
Ive opened a new account at another bank and have my wages paid in and have set up all my direct debits and standing orders with the new bank
now if i'm successful and get my charges back from the rbs and they pay into my account at the rbs i wont be able to take it out
thanks for all you help in advance Ray

rimbo wrote: »

Any help please

Any charges you reclaim from the account will be offset against the loan. Please see here for information on the banks Right Of Set Off:
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

Basically they do have right to set off any refund of charges against the loan but according to the article certain conditions would have to apply. Provided you are not in arrears with any monthly payments due you can challenge this and inform the bank from the outset of claiming that they do not have the Right Of Set Off and that you require payment directly to you by cheque. You can state that you will only accept an offer of settlement on this condition.

A condition of their right is that they could only take the missed payment not the full amount unless the loan was officially recalled. If the loan is offically recalled before they offer to settle then it would clearly be in retaliation for reclaiming charges and an abuse of the process. You can complain to the Financial Ombudsman about this and the abuse of the Right Of Set Off. The outcome would depend entirely on the Ombudsmans view of the situation as all circumstances would need to be taken into consideration.

Its a bit complicated but there are ways around it and I wish you good luck

marco1com

On the 9th of January 2007 I sent the Clydesdale bank a request to claim back unfair bank charges, I had no reply. On the 22nd February I phoned the bank and they told me they didn't receive the letter, so, I sent a copy the same day. http://img.moneysavingexpert.com/smi...smiley-030.gif
On the 1st of March I phoned the bank to be told the same. http://img.moneysavingexpert.com/smi...smiley-030.gif
This time I handed another copy into a branch for them to forward to my own branch(I couldn't get there myself). Hurray! strangely enough, they did receive this letter.http://img.moneysavingexpert.com/smilies/wink.gif
Today I received a letter which says: -
Re: Data Protection Act 1998 - data Subject Access Request
I refer to our previous correspondence acknowledging receipt of your request for details of charges and/or statements relating to your bank acc.
Within the terms of the data protection act 1998 we have 40 days in which to provide you with the info we hold. The end of this time period has almost been reached, however, due to the high volume of requests we've received in relation to this high profile issue, I regret that we're not yet able to provide you with the info. requested.

Whilst you are within your rights to refer the matter to the Information Commissioner at the end of the 40 day period, I confirm that we shall provide you with info. as soon as we possibly can.
I thank you for your continued patience and understanding in this matter. [/b]

TODAY I PHONED THE BANK AND THEY TOLD ME THAT THEY COULDN'T HELP, IT WAS ANOTHER DEPARTMENT AND THEY DON'T COMMUNICATE ON THE PHONE, ONLY BY LETTER.http://img.moneysavingexpert.com/smi...smiley-030.gif


PLEASE ADVISE ME WHAT I CAN DO?

Beate

I know that banks have a high number of these requests going, but basically their workload is not your problem.

Send them a letter advising them that if you don't get the requested info within 7 days you are reporting them to the Information Commissioner.

Twinkly

marco1com wrote: »

On the 9th of January 2007 I sent the Clydesdale bank a request to claim back unfair bank charges, I had no reply. On the 22nd February I phoned the bank and they told me they didn't receive the letter, so, I sent a copy the same day. http://img.moneysavingexpert.com/smi...smiley-030.gif
On the 1st of March I phoned the bank to be told the same. http://img.moneysavingexpert.com/smi...smiley-030.gif
This time I handed another copy into a branch for them to forward to my own branch(I couldn't get there myself). Hurray! strangely enough, they did receive this letter.http://img.moneysavingexpert.com/smilies/wink.gif
Today I received a letter which says: -
Re: Data Protection Act 1998 - data Subject Access Request
I refer to our previous correspondence acknowledging receipt of your request for details of charges and/or statements relating to your bank acc.
Within the terms of the data protection act 1998 we have 40 days in which to provide you with the info we hold. The end of this time period has almost been reached, however, due to the high volume of requests we've received in relation to this high profile issue, I regret that we're not yet able to provide you with the info. requested.

Whilst you are within your rights to refer the matter to the Information Commissioner at the end of the 40 day period, I confirm that we shall provide you with info. as soon as we possibly can.
I thank you for your continued patience and understanding in this matter. [/b]

TODAY I PHONED THE BANK AND THEY TOLD ME THAT THEY COULDN'T HELP, IT WAS ANOTHER DEPARTMENT AND THEY DON'T COMMUNICATE ON THE PHONE, ONLY BY LETTER.http://img.moneysavingexpert.com/smi...smiley-030.gif


PLEASE ADVISE ME WHAT I CAN DO?

This is the most common and annoying problem faced by people initially when reclaiming and there really is little else you can do but write and advise that you will be complaining to the Information Commissioner and do so. It may or may not hurry them but there have been cases reported on here of statements turning up co-incidentally after the threat. Good luck

grb1975

hi all..

need some help. i made 3 claims against Natwest around 3-4 weeks ago. i have sent them all recorded delivery and also faxed copies over to them. i make a point of regular phone calls to them also.
I have just rang them this morning and the nice young lady advised me 2 of claims had been validated for the full amount - obviously less any interest. She could not tell me anything about the third claim.
My question is... If they have advised me that a claim is validated....

A. Is this the amount i will recieve?
B. How long should it take?
C. How reliable is a validation of claim?

if anyone can help it would be very much appreciated - natweststaffmember maybe??

thanks
grb1975