Reclaim Unfair Bank Charges Discussion Area

jayneg_2

Edinburghlass wrote: »

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.

Oh OK. To make a fresh claim for the further charges would I have to go through the whole process of writing to the bank with first template letter etc then MCOL again? Someone has suggested writing to the bank - I posted a reply to this - any ideas on this? Thanks Edinburghlass - JG

theozziend

Morning. Just reading above. I have been allocated a court date of 16 July (one hour allocated) at my local court. Have been asked to provide the information to them, but no AQ and no further fee, so I await your reply with interest.

I am about to go into copying all the stuff for the court, minus the original bank statements which were destroyed by accident. The bank have also asked for this - but surely they have it as (a) they provided the statements in the first place, and (b) I sent a copy of the schedules and the interest calculater with my letters claiming the money back. Do I have to send this to them again.

I had to phone my court to say that I was on holiday for the original date they sent, and could they do it sooner, rather than after. They were really obliging, and have bought the date forward. Hopefully this means that all this mess is over before I go on holiday, which would be a huge load off my mind.

chamb7914

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!

Edinburghlass, i have had two accounts go to the defended stages.....i phoned the courts direct to get further details as the transfer of proceedings paperwork said the AQ had been dispensed with. They asked how much the claim was for and told me that it wouldnt cost any more. ( i think the 1500 threshold is valid) my advice to anyone would be phone the courts direct and get an answer straight from the horses mouth. Hope this helps

G

cyberman_3

jayneg wrote: »

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

Hi Jayneg.

Items appearing in this forum are new thoughts so it's probably new to everyone. Such a letter above creates an immediate problem for the banks simply because they DO NOT want to show a breakdown of their charges and indeed it is believed that there will be no calculation as to how they arrive at £35. They cannot make a profit on the cost which is about £2.00. If they then showed a breakdown, clearly it would show a profit and therefore would be classed as illegal. It is very doubtful that any bank will show this breakdown because the outcome would mean "open season" towards the bank and claims against them would dramatically increase.

Such a request (which they will not answer) gives you the upper hand if they decide to threaten you. All you have to keep saying to them is .... "Please give me a complete breakdown of your £35 penalty charge"

If this goes on deaf ears , as it will, then let them know that as they fail to answer your question, you will ask the court to ask them. This is what Banks are scared of and it's their weakness in this whole disgusting affair

doublej_3

Hi ppl.

Can someone give me a link to the forum which has template letters for accepting partial offers. Barclays have offered 645 from 1010 but haven't put it into my account, so can i still accept this offer as a partial payment and if not I also need a template letter to decline.

The same has happened with MBNA they have put 510 pound into my account when I asked for 1111. Not happy with both offers as I informed them I would accept an amount of 850 and they are just trying to save as much money as possible.

Any link or pasted letter would be much appreciated. I dont want to send a letter out to them and get wrong with all the legal issues that go with making claims.

Thanks in advance

deani1red

Hi there,

I have been pursuing the Clydesdale Bank for £1,058 due to me in bank charges. I have followed the proceedure to reclaim this money and was told that they were not going to refund my money due to their T & C, etc. I sent them another letter (5th letter) to say I was not accepting this and I got a reply saying that they were re-opening my case (didn't realise it had been closed) I have now received a letter saying that they are willing to refund £200 - do you think this is acceptable and if not what should I do next??

Thanks

cyberman_3

deani1red wrote: »

Hi there,

I have been pursuing the Clydesdale Bank for £1,058 due to me in bank charges. I have followed the proceedure to reclaim this money and was told that they were not going to refund my money due to their T & C, etc. I sent them another letter (5th letter) to say I was not accepting this and I got a reply saying that they were re-opening my case (didn't realise it had been closed) I have now received a letter saying that they are willing to refund £200 - do you think this is acceptable and if not what should I do next??

Thanks

What about their T & C ?????
Just remind them of this:

The bank charges applied to my account are unfair under schedule 2(e) of the Unfair Terms in Consumer Contracts Regulations 1999

Go for the full amount claimed >>>>> AND NOTHING ELSE

tinkerbell1978

after waiting patiently for a reply to my second letter from TSB a letter finally arrived this morning telling us that they are still talking it through with the office of fair trading and telling us how important it is to point out that the guidelines are about default charges that people pay when they break an agreement with us. this foesnt apply to your charges as these were for dealing with your request to go over your agreed overdraft limit they are not default charges because you havent broken your agreement they are our prices for the service we provide in these situations.

soooo does that mean we cant go any further? or do i go ahead and talk to the ombudsman? help please!!

jayneg_2

theozziend wrote: »

Morning. Just reading above. I have been allocated a court date of 16 July (one hour allocated) at my local court. Have been asked to provide the information to them, but no AQ and no further fee, so I await your reply with interest.

I am about to go into copying all the stuff for the court, minus the original bank statements which were destroyed by accident. The bank have also asked for this - but surely they have it as (a) they provided the statements in the first place, and (b) I sent a copy of the schedules and the interest calculater with my letters claiming the money back. Do I have to send this to them again.

I had to phone my court to say that I was on holiday for the original date they sent, and could they do it sooner, rather than after. They were really obliging, and have bought the date forward. Hopefully this means that all this mess is over before I go on holiday, which would be a huge load off my mind.

We seem to be at similar stage - my date is 4 July. I replied above that there isnt a further fee for me when AQ dispensed with BUT it is up the individual court so people MUST check this as they only have 14 days to pay up. I was told not to copy all the documenation until last minute - you have until 14 working days before the hearing date to get the documentation to the bank/solicitors and court. I was told as it is likely the banks will make offer before hearing date - its a lot of copying to do for nothing!! Iv made a calander note when I have to get the docs in by. Good luck in your claim JG

cyberman_3

tinkerbell1978 wrote: »

after waiting patiently for a reply to my second letter from TSB a letter finally arrived this morning telling us that they are still talking it through with the office of fair trading and telling us how important it is to point out that the guidelines are about default charges that people pay when they break an agreement with us. this foesnt apply to your charges as these were for dealing with your request to go over your agreed overdraft limit they are not default charges because you havent broken your agreement they are our prices for the service we provide in these situations.

soooo does that mean we cant go any further? or do i go ahead and talk to the ombudsman? help please!!

Tinkerbell, what a lot of rubbish they have spouted. The OFT have launched a full investigation into ALL Banks and until such time as the OFT MAKE A JUDGEMENT, the TSB like all banks must comply with current law. See some the previous posts today.

The opinion of most is the the FOB are more on the side of the banks, unless they can prove otherwise.
If you have a valid claim for illegal penalty charges, persue it via the County Court