Reclaim Unfair Bank Charges Discussion Area

nick_denny

Hello everyone please can you help? My brother has a AA loan and they have charged him for late payments. Can he claim these back?

MimiJane

jayneg wrote: »

Just a quick update to my earlier post re: allocation fee. Although AQ dispensed with and I made call to my local county court to ask about the fee - was told no fee payable as hearing date already allocated - have received a note from the court to say allocation fee of 100 is payable. I rang them to say confused about this and they said it is up to judge whether allocation fee still payable and our local court judge has decided it is! Just a warning to others who think they may not have to pay - check with the local court. Does anyone know if allocation fee can be claimed back - I dont think it can but wondered if anyone at the same stage? JG

I'm sure I've read a number of times that it can be claimed back

Edinburghlass_2

sweepster wrote: »

hi can anyone help please
thanks
sweepyxx:beer:

Check your claim with MCOL, its up to you to say yes to claiming interest, please see the FAQ on MCOL.

Edinburghlass_2

jayneg wrote: »

Just a quick update to my earlier post re: allocation fee. Although AQ dispensed with and I made call to my local county court to ask about the fee - was told no fee payable as hearing date already allocated - have received a note from the court to say allocation fee of 100 is payable. I rang them to say confused about this and they said it is up to judge whether allocation fee still payable and our local court judge has decided it is! Just a warning to others who think they may not have to pay - check with the local court. Does anyone know if allocation fee can be claimed back - I dont think it can but wondered if anyone at the same stage? JG

yes..............

kahluagirl

shelsbels wrote: »

was wondering if anyone could give me some advice please?
i sent my mcol off on 17th april,it was served to the halifax on 23rd april,who acknowledged it on 2nd may and now have 28days to defend
received a letter off halifax yesterday saying sorry youre unhappy,but our charges are fair and you knew charges when you applied for account blah blah blah,and that they are declining my complaint and if im still unhappy to get advice from the financial omsbudman service?
so am i being fobbed off? or do i still go ahead with taking to court?
am so confused on what to do next so any advice would be greatly appreciated
shelley x

its a standard letter from bank trying to scare you off.carry on on court route

Edinburghlass_2

family_life wrote: »

I'm just wondering if anyone else is experiencing this or has experienced this since getting back there bank charges. I am still finding the bank is taking costs from me even after I have reclaimed my money. How do I go about this. Do I simply make a phone call and hope they acknowledge this straight away or do I go through the whole process again. Many thanks. Family life.

If you go do something on your account that "warrants" a charge of course they will apply it, they aren't going to stop charges only on people who have already claimed, and you may well need to start another claim.

skuffjunkie

hi i need help.... just talked to barclays bank about some charges and the 14 i gave them to reply on the 1st letter. They said they will ignore that and will take them up to 8 weeks to reply to me . can i start court proceedings after 14 days and not wait for 8 weeks ? help

princesskez26

skuffjunkie wrote: »

hi i need help.... just talked to barclays bank about some charges and the 14 i gave them to reply on the 1st letter. They said they will ignore that and will take them up to 8 weeks to reply to me . can i start court proceedings after 14 days and not wait for 8 weeks ? help

Yes, stick to your deadlines, they just use stalling tactics

Kez

skuffjunkie

thank you Princess Kez 26 i will stick to my guns and my sights is on Barclays LoL

poly_gone

Leaf wrote: »

Forgive me this:

need some feedback. I can't afford to go to court just yet so thought I'd send this.... any help?


The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR

12/05/07

Dear Sir / Madam,

Re: Natwest

I am writing to you as a last resort feeling that, although on-going, it seems my husband and I have exhausted the formal complaint procedure with Natwest in as much as they have failed to satisfactorily address any of our concerns during the process. Contrary to finding resolution, their actions throughout our complaint have escalated our distress, impacted adversely on our financial situation and has interrupted our work and well being. I will try to give you a brief overview and would welcome your consideration of this matter.

In January 2006 I was made redundant. I gained employment almost immediately through an agency. This continued until November 2006 at which time all temporary contracts ended. There was not any work available and for the following two months I was unemployed. At this point we had an overdraft facility of £600 and a loan commitment with Natwest of £353 per month.

On December 14th 2006 my husband wrote to Natwest stating that we were experiencing financial difficulty due to my unemployment and the loan payment due on December 24th could not be met and that we would like to discuss the matter so that a payment plan could be put in place. Our account was still then within its’ overdraft limit. This letter was not acknowledged. We then found that the December payment for the loan had been requested and rejected due to insufficient funds. Over the Christmas period we were unable to write again until January 8th 2007. On the 15th January we had yet to receive a reply and an email was sent requesting that the letters be located. On the 16th of January an email was received stating they had located the letters and that they had been directed to the Collections Department.

On the 12th of January the December payment was called against our current account again and honoured. But this left us in a very tenuous situation financially and still no communication as to how to assist in our situation was forthcoming from Natwest.

I gained employment in January and we hoped we would be able to recoup and ‘catch up’ with our financial situation. However, the period of my unemployment stretched us greatly and we found we were unable to meet the mortgage payment. Natwest declined the payment and charged us £38.00. I believe at this point was when we finally made contact with the Collections Department. They agreed a payment plan which was to increase our overdraft facility to cover the loan. There appears to be a breakdown in communication as I asked if there was a payment due in February and was told no, not until March. I asked three times as I knew we could not meet a February payment. And here begins there real story.

On Feb 13th Natwest took a further loan payment. Our mortgage was debited February 19th. On February 28th almost all of our direct debits were declined and resultant charges of £228 were placed on the account. On March 1st further direct debits were declined and charges of £114.00 were levied against the account. The direct debits were declined in order that, on the same day, £353.00 could be deducted from the account for the loan. These chaotic deductions resulted in there being a zero balance.

Totally distraught, I left work to meet with the bank, having demanded an appointment. I was advised, in order to have cash to put food in our mouths, they would kindly ‘up’ my overdraft. So now we were paying interest on the charges.

Since then I have pursued my complaint through the normal channels. I have asked three basic questions.
1) Why was my initial letter never responded to
2) Why have Natwest continuously incurred charges when I have made every effort to address our debts
3) How can Natwest justify that is moral or legal to make these charges, then advise an overdraft with resultant interest being levied on illegal charges


Sadly the saga does not end there. I am sure at this point you wish it would. Charges on the account continue due to bank error. You may understand that this continuing pressure has now had an enormous impact on all other aspects of our lives. The cancelled direct debits have made those companies file late payment charges and credit rating implications against us. On May 4th I viewed our bank account after my husbands salary was credited and found that, with the bank holiday weekend upon us, we had a zero balance. When I phoned it was explained that there was a ‘technical error’ and the overdraft facility had not been put in place. ‘Please go into your local branch to make a withdrawal.’ In order to do this I lost an hour’s pay. My lost wage, while significant to me, equates to less than Natwest charge for an automated letter.

I again viewed our account on May 11th and found that a further £38 had been charged against our account for a cheque which was deferred. This cheque was deferred due to the earlier mentioned ‘technical error’ of not instigating the agreed overdraft limit. I sent that cheque to Natwest on March 3rd as statutory payment for a request under the Data Protect Act of 6 years breakdown of charges applied to my account. I had been advised in March that there was no charge for this service and the cheque would not be presented.

In addition, we also have a credit card with Natwest. We have spoken with them and advised that we were in difficulty with our repayments because of the actions (inactions) taken by Natwest with regard to our current account. They have requested a completed income and expenditure form. It has been difficult to comply with this speedily as we are awaiting statements from the companies who were denied payment when the direct debits were dishonoured. Because we were unable to respond immediately with this information we received a letter which we perceive as threatening and which was constructed in such a way as to place us in even greater hardship. I quote ‘' There are serious consequences for if you do not bring your account up to date:
We may request the return of the Credit Card, or reduce the limit.
You will incur late payment fees and higher interest charges as a
result of a higher balance through insufficient repayment.'

We interpret this as threatening. We do not feel this is just and fair and see this as unrepresentative of fair trading. We have made payments which reflect our intention of honouring this debt but this has not been acknowledged. We have persistently tried to communicate and have requested that ‘penalty charges’ be stopped for the interim as further charges simply place us in a position where escalating the debt compound the situation. Wee have received no reply to this request.

I am in the process of seeking to reclaim all illegal charges made over the past 6 years. This totals £1468.20. In addition I wrote on 31/03/07 with copies of statements requesting explanation of further charges and a request for a debit card as the original card issued to me was incorrect. I have yet to receive a response.

I have catalogued the emails and letters and attach these for your information to evidence incompetent Customer Service, total lack of communication, underlying disregard of the law and immoral practice.

The charges, per se, are not my primary concern in relation to this letter to you. As stated, I am pursuing reclamation of these in the normal way and expect satisfactory resolution either by way of pre court settlement or by judgement. I am, however, requesting advice as to whether this case would be considered justifiable for pursuing exemplary and aggravated damages.


The actions and inactions of Natwest have left us in financial chaos and extreme emotional distress. This could have been avoided in December if the one missed payment was negotiated and resolved in December 2006.

I look forward to your comments.


Yours sincerely,

links that may help you
http://news.bbc.co.uk/1/hi/business/6552627.stm
http://www.tombrennan.co.uk/