Reclaim Unfair Bank Charges Discussion Area

Twinkly

hilarycopson wrote: »

Thanks Twinkly. I will try that. I have checked my account today and they have not, as yet, taken the money out, so maybe they are for once using common sense, and witing to see if I claim. I did indicate to them yesterday that that was my plan. Do you know how far back you can claim? I thought that it was just six years but I think I read in one of your messages that it is possible to claim back further.

Will keep you posted.
Hil

Yes its possible to claim back further than 6 years but it depends on you having proof of the charges and some banks dont hold records that far back. It also depends on quoting the Statute of Limitations Act in that:

Section 5 of the Statue Of Limitations Act states that the action (claim) must be brought within 6 years of the cause of action (charge). This is what the banks will use as a defence in correspondence against a claim further back than 6 years and will later rely on in court.

You can defend this statement using this section of the same act (c) which states:

Section 32
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.


Its a bit strong to accuse the bank of fraud and probably better to imply they made a 'mistake'

There are cases reported on this site and the consumer action group site of people reclaiming further back than 6 years so it can be done. The banks defence is likely to be worded in horribly convoluted legalese but if you do this and have any problems needing addressing you can always ask on the forum here or there as usual. You need to register on the cag site but it is free and there is a lot of information between the two sites that benefits all claimants.

hilarycopson

jobayliss wrote: »

I have wrote to Abbey to recalim bank charges and i had a reply saying sorry to hear you have a complaint, we are looking into it and will contact you in 4 weeks. Their for weeks was up yesterday and i got a letter from them today to say that it is taking longer to invesigate that expected and that they will contact me again in another 4 weeks. Do I have to wait this long again or can i now sent them the second letter. Has any exprienced this or can anyone offer me some advice as to what i should do now.

Hi
I believe you should go straight on to the next letter if you have already itemised your charges that you are claiming. Their letter is just trying to delay things and you don't need to get hooked into their game. Just follow the time scales and processes that Martin has set out in his step-by-step guide.
Good luck!

clevertrever

Hi there, I have sent a letter to my bank requesting a list of charges and it's nearing the end of the 40 day limit they have to respond and yet they haven't replied yet.
I'm going to have to contact the bank again to ask why they haven't responded, and depending on their reply, I may have to send a letter to the Data Protection Commission saying what has happened.
Seems like delaying tactics to me!
Can I skip past asking what my charges are and simply ask them for my charges back, even though I don't know how much I'm owed?

I look forward to hearing your thoughts.

Trev - Disgruntled HSBC customer.

Hubarb_Spong

As the title says really I am in the process of writing to Virgin One account to claim back £600 of charges but I just wanted to check that this type of account is one that I can claim charges back on?????

Its one of those combined current account and mortgage ones

Cheers

Twinkly

clevertrever wrote: »

Hi there, I have sent a letter to my bank requesting a list of charges and it's nearing the end of the 40 day limit they have to respond and yet they haven't replied yet.
I'm going to have to contact the bank again to ask why they haven't responded, and depending on their reply, I may have to send a letter to the Data Protection Commission saying what has happened.
Seems like delaying tactics to me!
Can I skip past asking what my charges are and simply ask them for my charges back, even though I don't know how much I'm owed?

I look forward to hearing your thoughts.

Trev - Disgruntled HSBC customer.

I am thinking - no. You need proof of what charges you are reclaiming and may find yourself at the court stage before you know it with no proof of any claim at all. Its best to wait, be patient and file complaint to the ICO. Unfortunately you are one of thousands with the same problem and the ICO are dealing with them in batches. It may yet be some time before you receive your information but getting your money back is only a matter of time too.

AUDE

I am just about to send a letter reclaiming my charges plus interest to Barclays. Do I send it to my branch or head office?

Twinkly

Hubarb_Spong wrote: »

As the title says really I am in the process of writing to Virgin One account to claim back £600 of charges but I just wanted to check that this type of account is one that I can claim charges back on?????

Its one of those combined current account and mortgage ones

Cheers

Yes it is and good luck

jobayliss

I sent the first letter to Abbey and i got a reply say that they were looking into my complaint and that i would hear from them in 4 weeks. Thier 4 weeks were up yesterday and i got a letter from them today to say that it is taking longer than expected and that i will hear from them in another 4weeks. Can anyone tell me if i have to give them another 4 weeks or can i now send them the second letter.

Twinkly

AUDE wrote: »

I am just about to send a letter reclaiming my charges plus interest to Barclays. Do I send it to my branch or head office?

I would send it to the Head Office address as the branch will probably forward it internally anyway. Good luck

Twinkly

haughton18 wrote: »

i am new to this, please excuse if I havn't done this correctly, but do need some advice.

I have issued summons against the Abbey which they are defending, I asked for a breakdown of their charges and costs and they have replied with a letter stating
" We note the quantum of your claim " not exceeding £1500.00 " and In view of the same Abbey National PLc is not required to provide you with the information requested. We refer you to the civil procedure rules in this regard, ..........Is there anything I can do in this because this is the essence of my case, the bank charges that they apply for the work involved

please help
Thank you

You cant force them to state their costs and they would be required to if they turn up at court to defend the claim. They wont, so no there isnt anything you can do. This is not a concern though so dont worry, you will be able to reclaim your charges in court regardless of this. Good luck