Reclaim Unfair Bank Charges Discussion Area

Beate

tab80 wrote: »

I recently sent initial claim to my bank giving them 14 days to reply, however i didn't include the interest in the total value. This adds up to almost £600 so i'd like to get this back if possible.

Is it a case of waiting to see if it gets to court or have i missed out altogether??

Any advice is greatly appreciated.

You are not entitled to interest if the bank settles before you file a claim, so no you haven't lost out and don't have to do anything.
If you have to file a court claim, simply include the interest, even if you have not mentioned it to the bank before - perfectly normal.

saker1974

I am currently undergoing the reclaim process with LLoyds Bank having closed my account and already changed to RBS.

I found a great letter that allowed you to estimate from 12months statements the charges levied over 6 years and outlining which parts of the law that notes their charges as illegitimate. It also gives outlining case details that prove this.

My letter, noted my account numbers, amounts etc... and stated that if they felt my estimation to be incorrect they should forward me a full breakdown of the charges against my acccount (negating the need for me to pay them £10), it also gave them 14 days to do this.

I received my reply yesterday, it didn't have my account numbers on it, or the amount that i was claiming and it even had a computerised signature on it - so basically it was one of their box standard letters.

However there was something in it that puzzled me. It stated that the charges for going overdrawn were not default charges but SERVICE CHARGES for being allowed the priviledge of going beyond my account and as such were not illegal. Thus, they were not breach of contract. It also then went on to note that whilst they were currently discussing "Default Charges" with Ofstead these were for Credit Cards not Bank Accounts! Surely the media and internet could not be wrong ??????

I am unsure how to proceed with the next communication, is there a sample letter that you can send in reply to their box standard blah blah blah letter that picks up on their statements in their letter, when it is blindly obvious that they haven't even read my original letter . Or do i now just start the court process.

My claim comes to £3,455 (estimated over 6 years). As a single parent and student it would come in very very handy right now!


Cara x

cyberman_3

cyberman wrote: »

"I used to work in a bank, and saw piddling overdrafts turn into hundreds of pounds through these charges. When the customer told the bank to get lost, they would register the debt as a County Court Judgement, and cry to the taxman that they had written off £450, and get full tax relief on that. This was despite the fact the original debt was £51, and £399 was already in their pockets. A licence to print money. "

THINK ABOUT THIS ONE ...... They make illegal charges they are unable to substantiate and then claim it from the taxman ??????
This has to be a new can of worms

cyberman_3

saker1974 wrote: »

However there was something in it that puzzled me. It stated that the charges for going overdrawn were not default charges but SERVICE CHARGES for being allowed the priviledge of going beyond my account and as such were not illegal. Thus, they were not breach of contract. It also then went on to note that whilst they were currently discussing "Default Charges" with Ofstead these were for Credit Cards not Bank Accounts! Surely the media and internet could not be wrong ??????

Cara x

If you are JUST talking about an OD and going above the facility then yes they can apply charges BUT if they are applying the £35 wheeze because they bounce a direct debit or cheque because of the overdraft then they are making illegal charges.

It would be well worth reminding them that whilst THEY might be discussing charges with Ofstead, the OFT have launched a full enquiry into illegal bank charges

debt_beater_bexs

angelz wrote: »

Claim for bank charges has now been transferred to local court as Abbey have put in a defence. Copy which I have now received. Has anyone else got to this stage.....Any advice would be great to calm my nerves a little.

Kind Regards

I am this stage too, just awaiting a local county court date. Keep going, chances are they are not going to attend! That's what I am hoping, but if they do, I am more than ready for them....

Good luck

Larralacha

cyberman wrote: »

[/I]

THINK ABOUT THIS ONE ...... They make illegal charges they are unable to substantiate and then claim it from the taxman ??????
This has to be a new can of worms

So, on top of unlawfully charging us and then taking forever to give us our money back, they are also fiddling the tax man. Doesn't the ordinary man on the street get sent to prison for these type of activities?

Jobob_3

angelz wrote: »

Claim for bank charges has now been transferred to local court as Abbey have put in a defence. Copy which I have now received. Has anyone else got to this stage.....Any advice would be great to calm my nerves a little.

Kind Regards

Im at exactly the same stage with Lloyds TSB, the advice i have been getting is to hang in there, they usually settle in full just before the court date. If they offer you less, stick in there and you will get the full amount, it is what you are owed and they cant argue that they dont owe it. Good luck.

rubberduck_3

Dear All,

A few days ago I asked if anyone knew if I am mistaken in thinking that when the FOS is dealing with a reclaim, they automatically reduced the amount they think you are entitled to by £12 per bank charge (based on the £12 is reasonable principle)? I think my question may got lost in the MCOL debate. Unforunately, i don't have the court fee and wonder if anyone knows what I can expect from the FOS dealing with my claim i.e. some or all my reclaim paid? I'm up to my eyeballs in debt and really need to get the maximum out of my claim - if the FOS will automatically knock hundreds of pounds off my claim from the onset, I might need to consider increasing my debt and see if I can borrow the small claims court fee off someone...........as a seriously seriuosly last resort (I'd rather not borrow more money).

Lionlady2871

Hi

I have today accepted an offer from Barlcays as it was an acceptable offer and I need the cold hard cash. However, they sent me a free post return envelope to return the acceptance slip which I didn't use as it's to a PO Box address and you can't send recorded mail to a PO Box, the other address they gave was incomplete (no street or building number). So, I've sent the acceptance slip by recorded delivery to C/O my local branch so at least I can prove it has been signed for.

My question is, has anyone else accepted via an acceptance slip and if so did they bank pay out within the 10 days they detail in their offer letter? I'm just wondering if it's another stalling tactic so that by giving you a freepost address they can claim your mail hasn't been received and delay you that way? (Or am I just being cynical....?)

Thanks

Edinburghlass_2

samh309 wrote: »

jhave a letter from Natwest solicitor to defend and ask for more information, which I do not understand. This defence was done on 23rd April, and the bank's solicitor gave me 14 days to reply, or they would request the claim to be discontinued (if I didn't reply) I have been waiting for a letter from a court with an allocation questionaire, but not received anything. I have just phone MCOL who informed me that it had been referred to Doncaster County Court, but that the courts no longer issued the questionaire. I rang the court and they told me they couldn't offer any advice as they are neutral but that the Judge would look at it and write to tell me what happens next. It is just that the 14 days the bank has given me runs out on the 7th of April, yet I wont have heard from the court until around the 11th...so will my claim be discontinued. I seem to have been waiting forever for something to happen, and am now worried that It will all have been a waste of time. I cannot reply to the bank's solicitor letter myself as it is all legal jargon and wouldn't have a clue on how to respond. I am sorry to have gone on and on, am just very worried, and very confused. I would very much appreciate anyone's advice on what to do next. Thank you

Have a read of this thread and send back your list of charges again..

http://forums.moneysavingexpert.com/showthread.html?t=391640&highlight=solicitor