Reclaim Unfair Bank Charges Discussion Area

jayneg_2

I think I have messed up BIG time. When I received Notice of Allocation to the Small Claims Track my AQ had been dispensed with and all documents to be relied on at hearing - 4 July - to be delivered to Cobbetts and Court not less than 14 days before hearing. Because AQ had been dispensed with and there was nothing on the court form re: further fees I havnt paid anything since starting the MCOL. I have just found out that a further fee has to be paid EVEN though AQ dispensed with and the 14 days for paying this has long past. Have I now messed up any chance of my claim right at the last hurdle. Will the court/Cobbetts ask for this to be struck out now? REALLY worried and have been sat here since 5.30am just waiting for 9am to ring the court and try and sort this out. If anyone out there before 9am and can shed any light on this would REALLY appreciate. I cant believe I might have lost my claim at this stage! SO annoyed with myself!!!! HELP!! JG.

MimiJane

jayneg wrote: »

I think I have messed up BIG time. When I received Notice of Allocation to the Small Claims Track my AQ had been dispensed with and all documents to be relied on at hearing - 4 July - to be delivered to Cobbetts and Court not less than 14 days before hearing. Because AQ had been dispensed with and there was nothing on the court form re: further fees I havnt paid anything since starting the MCOL. I have just found out that a further fee has to be paid EVEN though AQ dispensed with and the 14 days for paying this has long past. Have I now messed up any chance of my claim right at the last hurdle. Will the court/Cobbetts ask for this to be struck out now? REALLY worried and have been sat here since 5.30am just waiting for 9am to ring the court and try and sort this out. If anyone out there before 9am and can shed any light on this would REALLY appreciate. I cant believe I might have lost my claim at this stage! SO annoyed with myself!!!! HELP!! JG.

Have you been asked in writing to pay another £100? I've also read that another £100 has to be paid within 14 days if the AQ has been dispensed with, but if you've not had this in writing, how are you supposed to know? Anyway, just an idea in your defence ... let us know how you get on with the court.

jayneg_2

MimiJane wrote: »

Have you been asked in writing to pay another £100? I've also read that another £100 has to be paid within 14 days if the AQ has been dispensed with, but if you've not had this in writing, how are you supposed to know? Anyway, just an idea in your defence ... let us know how you get on with the court.

No havnt heard anything in writing - just happened to be talking to someone last night and they mentioned it so posted a thread and Edinburghlass kindly responded that there was a further fee to be paid - by the way Edinburghlass been bril on this site - always there for you - thanks!!!!

I have gone through all the paperwork from the court again and there is nothing there about a further fee. Going to ring them at 9am so will keep you posted on what happens - fingers crossed!!!!!!

Edinburghlass_2

I've just run through the AQ dispensed thread and it appears from reading that no-one seems to actually have been asked for further fees and if there is nothing in your paperwork to say you need to pay anything I would assume that you don't. 24 minutes to go!

jayneg_2

Edinburghlass wrote: »

I've just run through the AQ dispensed thread and it appears from reading that no-one seems to actually have been asked for further fees and if there is nothing in your paperwork to say you need to pay anything I would assume that you don't. 24 minutes to go!

You are a star! I didnt sleep a wink last night worrying about this!! I will let you know what happens when I ring the bank. I could be so rich if I could claim for stress from the bank!!!!!

Think the court's opening times are 10am - 4pm so another hour yet - Il have no finger nails left!!!!

cyberman_3

I find it amazing that whilst people are in the process of re-claiming charges,
the Banks are still busy busy applying more charges to overdrafts.
This is a blatant attempt of stupidity and shows the sheer contempt the
Banks show to their customers.

We all agree that the charges are wrong, the law says they are wrong.

If YOUR bank is still applying these charges after they are aware that
you are re-claiming then send them this letter .....

It has been noted that you are still applying eroneous charges to my account.
Please be advised that I do not accept such penalty charges which I believe
are not proportional to your costs.

If you believe they are proportional to your costs, please advise me in writing
giving me a full breakdown as to how you have arrived at these penalty charges

In the meantime, I do not accept such penalty charges particularly as in Common Law
they are unenforceable. I expect these charges to be refunded immediately

Please acknowledge this letter

Your faithfully

jayneg_2

HUGE SIGH OF RELIEF!!!!

Just rang the court and they say there isnt a further charge for this. Basically its up to each individual court as to whether they charge a fee when AQ dispensed with.

This is definitely something anyone in the same position should check up on as if the AQ dispensed with doesnt necessarily mean no fee. You need to ring the court and ask them as if there is a payment needs to be paid within 14 days of receiving the Notice of allocation to the Small Claims Track.

I did ask the court about amending the particulars of claim because at the rate NatWest putting charges on there will be another 400/500 before the hearing! The lady at court said a fresh claim would have to be put in. I thought there was a form you could complete at a cost of 35 pounds but she didnt say there was when I mentioned it - any thoughts anyone????

Thanks Edinburghlass for helping to put my mind at rest - yet again!

cyberman_3

jayneg wrote: »

HUGE SIGH OF RELIEF!!!!

Just rang the court and they say there isnt a further charge for this. Basically its up to each individual court as to whether they charge a fee when AQ dispensed with.

This is definitely something anyone in the same position should check up on as if the AQ dispensed with doesnt necessarily mean no fee. You need to ring the court and ask them as if there is a payment needs to be paid within 14 days of receiving the Notice of allocation to the Small Claims Track.

I did ask the court about amending the particulars of claim because at the rate NatWest putting charges on there will be another 400/500 before the hearing! The lady at court said a fresh claim would have to be put in. I thought there was a form you could complete at a cost of 35 pounds but she didnt say there was when I mentioned it - any thoughts anyone????

Thanks Edinburghlass for helping to put my mind at rest - yet again!

Jayneg, try the letter I posted in the previous post. My claim is with Natwest as well

Edinburghlass_2

jayneg wrote: »

HUGE SIGH OF RELIEF!!!!

Just rang the court and they say there isnt a further charge for this. Basically its up to each individual court as to whether they charge a fee when AQ dispensed with.

This is definitely something anyone in the same position should check up on as if the AQ dispensed with doesnt necessarily mean no fee. You need to ring the court and ask them as if there is a payment needs to be paid within 14 days of receiving the Notice of allocation to the Small Claims Track.

I did ask the court about amending the particulars of claim because at the rate NatWest putting charges on there will be another 400/500 before the hearing! The lady at court said a fresh claim would have to be put in. I thought there was a form you could complete at a cost of 35 pounds but she didnt say there was when I mentioned it - any thoughts anyone????

Thanks Edinburghlass for helping to put my mind at rest - yet again!

I think the alteration of a claim with a charge of £35 is probably only while it is still within the MCOL system whereas your claim is now with the court.

jayneg_2

cyberman wrote: »

I find it amazing that whilst people are in the process of re-claiming charges,
the Banks are still busy busy applying more charges to overdrafts.
This is a blatant attempt of stupidity and shows the sheer contempt the
Banks show to their customers.

We all agree that the charges are wrong, the law says they are wrong.

If YOUR bank is still applying these charges after they are aware that
you are re-claiming then send them this letter .....

It has been noted that you are still applying eroneous charges to my account.
Please be advised that I do not accept such penalty charges which I believe
are not proportional to your costs.

If you believe they are proportional to your costs, please advise me in writing
giving me a full breakdown as to how you have arrived at these penalty charges

In the meantime, I do not accept such penalty charges particularly as in Common Law
they are unenforceable. I expect these charges to be refunded immediately

Please acknowledge this letter

Your faithfully

This sounds like a good idea - by the time my hearing date comes around there will be a further 400/500 pounds of charges since starting the MCOL!! I have used your wording but was wondering if anyone else had done this before I sent out my letter........

One of the posts has suggested writing to the bank if further charges are still being incurred once claim has begun - I was thinking of sending the following letter but before I do, can anyone let me know if this would be ok and if there is a "formal" form that should be completed to the court.......


For the attention of Stuart Higley
Customer Relations
NatWest
National Westminster House
225 Shenley Road
Borehamwood WD6 1TE

10 May 2007 [sent by next day guaranteed delivery]
and by Fax No. 0208 236 8010

Dear Mr Higley

Re Customer Name xxxxxxxx – Account No. xxxxxxxx
Reference xxxxxxxxxxxxxxxxxx – WITHOUT PREJUDICE

A claim has been submitted through Small Claims and has been allocated a hearing date of 4 July. Albeit you are aware of this claim, it has been noted that you are still applying eroneous charges to my account.

Please be advised that I do not accept such penalty charges which I believe
are not proportional to your costs.

If you believe they are proportional to your costs, please advise me in writing
giving me a full breakdown as to how you have arrived at these penalty charges

In the meantime, I do not accept such penalty charges particularly as in Common Law they are unenforceable. I expect these charges to be refunded immediately.

PLEASE SUPPLY A LIST OF ALL CHARGES INCURRED ON THE ABOVE ACCOUNT FROM 31 JANUARY 2006 TO DATE OF YOUR REPLY BY NO LATER THAN 22 JUNE 2007 IN ORDER FOR THESE TO BE BROUGHT TO THE ATTENTION OF THE COURT ON 4 JULY.

Please acknowledge this letter

Your faithfully

…………………………………..
Name of customer

Cc xxxxxxxxxx County Court
Cc Cobetts Solicitors, Manchester