Reclaim Unfair Bank Charges Discussion Area

IZZY01

Money Claim On Line! It Is On Hm. Court Services Website, To Enable You To Make A Court Claim Online

ToonDave

Hi, Im new to the site, i've read many articles and threads and now decided to join. im looking for some advice please.

i have sent off for my bank statements and charges from Lloyds TSB, enclosing the £10 cheque as recommended by martin. My question is as follows, if i choose to close my account before i have claimed back my charges and received the statements does this mean the bank doesnt have to send me them as i am no longer or customer? or are the obligated to do this under there terms?
i have already set up a new Basic Cash Card account with Barclays as recommended by the CAB so my salary can be paid into there but i dont want to lose out on what is rightfully mine with the bank charges.

any help or advice would be great.

Dave.

IZZY01

Hi Toondave, Yes you can claim on closed accounts. I am currently claiming on an account that I closed (sorry they closed!) in June 2006. If you're concerned, why not leave the account open with a tenner or something!! Unless its an account that has a minimum balance of more.

ToonDave

Thanks Izzy01,

i just wanted to make sure i didnt balls up my case!! i think i will switch all my funds except a £10 to my new account...must just remember to change my mortgage to the Barclays account.. dont want to give my provider any more ammo than they've had recently.

Thanks for the quick response tonight.

Dave.:T

NickBurton

Can anyone help - My Bank presently charge my business account approx.£100.00 per month to " administer " my account even though I do not have any lending facilities nor indeed do I ever have to meet with the Bank for a review.

Is it reasonable for me to attempt to reclaim these charges which amount to c.£6000.00 over the last 6 years?

IZZY01

Hi NickBurton,
I am with the Bank of Scotland and the only time I pay an administration fee is yearly when I have the O/D facility renewed. £100 the last time. However I have been good for about a year now and have stayed in the black! just!! Simply because the !!!!!!s wouldn't renew it again!!!!! Perhaps you should switch to another bank that doesn't make these charges. Not sure if you can claim them back or not.

cyberman_3

This is a brilliant site and Martin Lewis should be given a medal for services helping the public. Well done Martin, this is just the tip of the iceburg for the banks, at last one voice and what a voice it is.

I am however puzzled when looking through the posts on success stories. The same Bank will try different tricks, offer some and refuse others, there seems to be no set pattern. Surely, these types of claims go to a department set up for this, certainly not branches so why one and not another ??

The thing that really does stand out is the fact that these banks do not like courts. They do not wish to expose their money making system.
With those who they threaten "see you in court" ... is just scare tactics and it no doubt works for those less fortunate in such matters.

There is a way that would make them think twice about their vindictive ways.

Once you have received the 6 years of illegal charges from them, the next step is to write (using the template) and ask for your money back.

It is in that letter that you say:-

"The law is plain: any charges banks levy on their customers must be proportional to the actual costs.
Clearly £35 is not proportional to your costs and therefore I request you provide me with a complete breakdown of how you arrive at £35.00"

You are asking them the question they do not want to answer, the question that keeps them away from the courts. They are hardly likely to answer your question and will ignore it. That's just what you want.

If in the unlikely event they go to court, you have the power to ask the judge to request the answer saying that you have already asked the question and have not received a reply.
The acting solicitors for the bank will be aware that there is an unanswered question and will think twice before making court threats to you. Remember that County Court Judges are currently very disturbed with the way Banks are wasting court time and they will not favour them particulary if the most important question is NOT answered.

Of course, you may get a reply as some have already that their charges are fair and not illegal. A gentle reminder again >>> "The law is plain: any charges banks levy on their customers must be proportional to the actual costs."

It is on this basis that the Judge will work. He is the upholder of the law and it is up to the bank to provide evidence that proves under the law that their charges are legal. This is why courts are a no go area for banks. They are currently using and abusing the County Court system to threaten and harrass you.

Remember, if the Banks are so convinced that they are right and you are wrong, why do they constantly settle before the court hearing.

haughton18

This is a recent Defence sent to me by the Abbey National Bank (Word For Word) who look likely to contest in court, Any comments and advice would be appreciated and I would like to know if anyone else has received anything similar.



DEFENCE

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim.


2. It is admitted that the Claimant has a current bank account with the Defendant, account number to be particularised ( the account ).

3. At all times the Account has been subject to the applicable terms and conditions (conditions), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when the Claimant opened the account. The Defendant will refer at trial to the full conditions but for the purposes of this Defence will refer to the following extracts:

(1) You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable.
(2) An unauthorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.
(3) If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account.

4. Throughout the period that s/he has had the Account, the Claimant received a number of copies of the conditions and of the said Tariff of Charges as they were ammended and updated (though there has been no material amendment to the conditions extracted in paragraphs 3(1), (2) and (3) above).

5. Any overdraft facility on the Account was (and is) subject to the conditions.


6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occassions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordance with the conditions. Such fees were debited to the Account.
7. In view of the facts and matters referred to in paragraphs 3, 4, 5, and 6 above, the Defendant denies that the Claimant is entitled to claim interest of any amount.

8. The Claimant’s contention that the said fees are unenforceable and/or are penalty charges is denied. The fees reflect and are proportionate to the Defendant’s administrative expenses incurred due to the Claimant’s breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.


9. Further or in the alternative, even if the said fees are not proportionate to the Defendant’s administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.


11. The Defendant believes that the facts stated in this defence are true.

12. I am duly authorised by the Defendant to sign this statement

MimiJane

Don't worry about it ... the bank's solicitors are all sending out their "standard" defence papers ... just had mine from A&L which is exactly the same as everyone else's claiming from them. Purely scare tactics .. they have no intention of going to court as they have no defence ... their charges are unlawful and they would lose.:rolleyes: No bank has defended their charges in court yet.

I've just sent my bank's solicitors my charges and interest schedule in reply to their defence, told them I've already sent it to the bank and the court and I trust this clarifies the details of my claim.

Then sit back and wait for a court date. You can then send the bank a "nudge" letter if they haven't paid up, which can be found here :-

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

Have a read of all the CAG info. above ... lots of useful info.

Leaf

Good morning all.

I am currently reclaiming my bank charges from Natwest. I have had a verbal confirmation that my claim has been 'verified' and that I should expect a letter of offer by May 12th.

However, while this is good in principle, I am now exploring the avenue of exemplary and aggravated damages for the way in which Natwest has 'managed' my account.

I am looking particularly at 'aggravated' damages, as the manner in which Natwest has acted (or inacted) has caused mental distress to to myself and those that post on this forum. Aggravated damages pertain to compensatory recourse rather than punative as with exempary damage.

With the knock on effect that bank charges have in relation to hardship and the inability financially to meet other debts, it is easy to trace the impact. 'I couldn't pay such and such because the illegal charges the bank levied left me with insufficient funds to do so. As a result such and such levied their own charges for late/non payment thus increasing my debt disproportionately.'

If I was a legal eagle I would love to refuse any offer and take this up.

I have a letter poised to go to the FO asking if I have a case for aggravated damages but quite honestly do not know if this appropriate.

Anyone have any views on this?

Cheers
Leaf