Reclaim Unfair Bank Charges Discussion Area

Edinburghlass_2

rubberduck wrote: »

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).

I haven't heard of this but I suggest you get in touch with the FO and ask them.

suew123_2

I put in a claim with the Halifax took them to mcol and eventually got my money back. My question is that since first putting in this claim i have been charged another £394 i know this is not the ideal way to be running a bank account but these are the circumstances. I want to know whether I can start another claim against Halifax for this money. I spoke to customer service this morning and they said that i had already had a claim and settled and that their was nothing they could do about it. I have already wrote lettter asking for my money back do i write letter threatening court? They also said that i accepted the money in full and final settlement of my complaint but the way i look at this it is a new complaint and i havent actually signed anything accepting this. Thanks for any help.

Edinburghlass_2

saker1974 wrote: »

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.

I take it this is the letter from the BBC website which suggests you can estimate a few of your charges IF you don't have some of your statements, not estimate 6 years of charges from 1 year. Not recommended.

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

If you decide to now take the bank to court you have no defence to offer the court showing your detailed list of charges and when they were taken.
I would suggest you start at the beginning and send your £10 and ask for the information/statements using the template letter in Martin's article below.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Bank Charges Video Guide | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip
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carrieok85

Quote:
Originally Posted by Beate
You have two options: Refuse the cheque and send it back, saying you are not prepared to accept anything less than the full amount + court costs.

Or you could bank the cheque and send them a letter like this:

"I cannot accept your offer of £xxx as full and final settlement of my claim. I will accept this as part payment and without prejudice, but will continue my claim for the balance. I have made a reasonable effort to settle this claim before issuing a court claim, but you ignored my efforts to settle this. Seeing as I have now had to issue a court claim because of your failure to deal with my claim in a timely way, I will now settle only for the full amount of charges + statutory interest + court fee."

In this case you will need to inform the court that part of the claim has been paid, and amend the amount you are now claiming for. I am not sure what that entitles though.

Hi, Thanks for that. I think we are going with the first option, what would you write in the letter and do you send the letter to the bank or the court? Sorry to be a pain asking all the questions

kaz17_2

just got to the stage of waiting for an allacation form or court date dose anyone know how long you have to wait for a date?

lulupense

Hi everyone

I am posting this for my sister, she is trying to claim back charges from one of the big four, can't name them here because of the DPA issue, I'll get to that in a minute.

Sister sent off letter with cheque to get statements, cheque was returned as a 'goodwill' gesture but no statements. 40 days are up now and all my sister has received so far have been 'no' letters. Then a letter arrives, addressed to my sister, when she opened it she found a letter addressed to a man who lives elsewhere (she doesn't know him). The letter is a full and final settlement offer to the man with all his financial details. Obviously this is a serious breach of DPA and I have advised my sister not to tell the bank for the moment but what is the best and most lucrative way to handle this? Bearing in mind the bank have refused to pay her charges but have sent a letter to someone else offering payment.

If anyone has any ideas please let me know :rolleyes: Many thanks

:eek:

IZZY01

Hi all
Another update. I sent 2 separate letters (19th April ) asking for repayment of charges to Customer Relations, Scotland Dundas House, Viking Way, Rosyth, Fife as advised by the FSO. One was for personal acc. and the other for Business acc. Within 3 days, I had an acknowledgment to the personal, saying they would investigate etc. Phoned them today, to enquire about the bus. acc. and was told that address is not where it should be sent. The girl gave me a no. to phone.(08458500431). When I called, I was advised that there was nothing on their system. SURPRISE SURPRISE!! and she gave me the following address to forward documents. Business Banking Customer Care, 1st Floor, Business Banking House, 600, Gorgie Rd, Edinburgh. Once again I thought, another 2 weeks wasted, so I phoned the FOS, to ask for advise. As I have already been in touch with them, they were able to tell me that they had forwarded a letter to the bank,stating both accounts, to let them know that they were aware of my claim. With regard to the address's, the FOS said that they do not have any record of the Gorgie Road one and The Viking Rd one in Fife is the correct one. They advised me to send in a request for payment again, with schedule of charges etc. and also to put on the letter about the query with address's and to advise them that the FOS would still be taking the date from the 19th April. I must say the FOS people I have dealt with have been very pleasant and helpful and would advise all not to be afraid to give them a ring (especially in Scotland)

rhan

hi everyone new member rhan here and i hav a question ???
started the ball rolling a few weeks ago with lloyds asked for my statements and they sent them back to me last week there was a letter with the statements stating here are your charges yadda yadda but what shocked me is that it says you may now wish to procede with your claim for reimbursement of charges ...... is this normal procedure or are they admiting theyre in the wrong ???

GemLee

I have a loan with my bank & a overdraft which I am currently surviving from, is it possible to reclaim bank charges while I have these commitments?

kev2b3

i am sure this question as been asked a million times but what does mcol stand for.