Reclaim Unfair Bank Charges Discussion Area

*Chattie*

You can leave it until you come back from your week away, there is no time limit as to when you start on MCOL. I waited quite a while before starting mine off.

bankh8er

i have gone through all process of claim and the eight weeks is up as i could not afford to mcol now they are saying an offer is on its way which is fine but they have said that because my account was closed by them while overdrawn by 650 pound then any offer will be minus this amount

but i am in a debt management plan and i pay a set amount to which they have agreed with the debt management company can they with hold the first 650 pound or not

need help before i report them to the ombudsman if this is the case or not

mubgib

Hi this is my first time on any type of chat room so i hope this is right.

I have applied to my bank HSBC for past statements and charges i have sent my cheque for £10 plus also emailed them but still no response .
How long does this process usually take, shall i be more aggressive!!!!!

cinnamonbrow

Hi I am just about to go on Moneyclaim to submit to court but the 8% interest charge to be added is a bit confusing. I have asked the bank for £797.00 plus £236.03 interest charged by them, total £1033.03. Do I add 8% interest on the total or just the charges?

Edinburghlass_2

What is the interest charged by them that you have added? If this is normal interest charged for going over-drawn then you can't add this, if it is interest that is caused purely by charges then you can add it.

The 8% is added by using the Interest Calculator onto each charge input individually.

rubberduck_3

Dear All,

Having read one of the threads, I was a bit alarmed to read the Financial Ombudsman Service calculate a 'fair bank' charge at the High amount of £12 per charge. I wonder if this means using the FOS automatically means you will LOOSE £12 off each reclaimed charge?????

BRTENT

I have received only one years worth of statements from the Abbey.

They tell me that this is all they can supply as they are now microfished, has anyone had more than one years worth and if so how did you get them?

leosdelsol

*sorry if i have posted this in the wrong area if it is moved can you tell me were plz*
hi im leonard from scotland im currently trying to get charges back for my mum and dad but i think i have made a few mistakes and need some advice.
After doing some research on the net I sent the following letter template from a scottish website as i thought since i stay in scotland they would have the best letter template for a scottish claim with there being slight differences in the law etc :cool: what they forgot to post on the website is that there is differences between a business account and a personal account.i have now discoverd that there are slightly different letters you should send if you have a business account.my mum and dads account is a business account my dads a painter and decorator and has been crippled by bank charges for years and years even to the point were we couldnt have xmas dinner one year :mad: what i really want is for someone to tell me if i have made a mess of this claim and how if possible to rectify it first off heres the letter i sent to the bank:

"Through Excess Overdraft charges and returned items fees to a total of £3965.00

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

Separately, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you, and therefore, actual loss is the cost of automatically sending me a computer generated letter. I would respectfully submit that is valued at no more than 50 pence.

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 – online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

Please refund all charges applied to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully"


two weeks passed and i received this response from the bank :

"thank you for your letter received on the 24th of april 2007,concerning bank charges applied to your account.
You have reffered to the views of the oft on charges.I am aware that the oft have stated that credit card companys should charge no more than £12.00 in penalty charges for exceeeding an agreed limit or failing to make the minium payment.oure legal department have advised that this investigation is related to credit card charges only and not bank account charges.The oft inquiry is based on the unfair terms in consumer contracts regulations to which you have referred,however,these regulations do not apply to business costumers.
Ultimately it is your responsibility to manage your account.However,i have noted that from your account that refunds have not been authorised in the past.i am therefore willing to authorise a refund of £70.00 as a goodwill gesture.Please sign and return a copy of this letter if you are satisfied with resolution. I would also advise that if we receive
no response from you within the next eight weeks,we will regard your complaint as closed."



so what do i do next to rectify what i have done wrong?im desperate for help as i feel im in over my head and getting confused.
thanks for any reply its much appreciated.
cheers leo

Edinburghlass_2

Sorry I don't have time to read through all of your post but you would probably be better asking the Financial Ombudsman to take over your claim.

http://www.financial-ombudsman.org.uk/faq/answers/bank-charges_a1.html

Edinburghlass_2

BRTENT wrote: »

I have received only one years worth of statements from the Abbey.

They tell me that this is all they can supply as they are now microfished, has anyone had more than one years worth and if so how did you get them?

If you do a search of "abbey statements" on this forum you'll find a thread where a lot of Abbey customers are in the same boat.