Reclaim Unfair Bank Charges Discussion Area

Lizzieh71

Halifax

Has anyone been acknowledged from Halifax and have they defended or settled.
I have been acknowledged on the 9th May so they have till 28th May to defend or settle.
Has anyone had the same and what was your outcome.

Thanks

Lizzie

codydog78

Lizzieh71 wrote: »

Halifax

Has anyone been acknowledged from Halifax and have they defended or settled.
I have been acknowledged on the 9th May so they have till 28th May to defend or settle.
Has anyone had the same and what was your outcome.

Thanks

Lizzie

yes, that was the case with me. it was about half way through the 28 day defense period when they offered me the full amount+interest+court costs.
the letter stated that i would recieve the money within 5 working days, i didn't so i made a pest of myself for two days until the money was in my account.

good luck!

angelz_3

hi,
Just wondering what to do it is at court stage and the court has asked for a typed list of all charges and interest which I need to send to the bank also. Would this just be the calculator list from this website or a copy of all my bank statements.

Any Advice Little nervous now after yesterdays news.

Kind Regards

mariavsabbey

Hi,
I have placed a claim with MCOL and Abbey have aknowledged it, last month I was charged £120 and today I recieved a letter stating that I will have £220 going out on the 28th May as more charges, can I add these to the claim now that it is in process.

cuddly1

caleyles wrote: »

Hi All
I started the process of claiming back my charges back in january by asking for statements, i have gone through the template process and have now posted a summary clause action with the courts up here in scotland, the summons was served to the BOS and they have until 6th of June to put a defence into the court, i have received a letter today saying they have investigated my claim, sorry i'm not happ etc, is this pretty standard practice as there is only 3 weeks left for them to lodge a defence, any advise would be appreciated

hi there Caleyles, I am in the same boat as you !! Recieved letter today from BOS (( in Scotland )) saying sorry I am unhappy but they have investigated and say thier charges are fair and that when I opened my account I agreed to the terms and conditions etc etc. Thing is, they say that we know that we are getting charged and how much, but its HOW MUCH we have all recently found that thier charges actually cost them that has led us all to claim them back.........but still, like yourself, would like to know if:-

1. Has anyone else had the same letter ?
2. Do we ignore it and proceed or call them ?

Any help would be very much appreciated:D , thanks !!!!!!!

droopy1

Good morning good people!
I wonder if someone could advise...I have refused the first offer, gone through MCOL, paid my £120, Barclays (boo hiss) decided to defend, and then had a notice of tranferal to my local court. Thing is that was at the end of April..I have had nothing, no questionaire, nothing....should I continue to wait? I am trying to get the court to get back to me but they fob me off with call back that don't happen....should I be waiting this long?

cyberman_3

This case is odd and the decision of District Judge Cooke must be challenged
especially by the OFT.

It seemed to be just another day, bank threatening to defend etc and NOT being present.

Under normal circumstances, the judge will default to the plaintiff but Judge Cooke decided to hear the plaintiff Mr. Berwick. At this stage it is possible that Mr Berwick did not describe the issue correctly. Did for example Mr Berwick tell the judge that the penaly charges (albiet now being disquised under a different name) were unenforceable in law due to the law saying
"Charges may not be more than the actual cost"

Difficult to believe, but it appears that Judge Cooke is not aware of this as he believes they are fair. Yet such TV programmes such as Whilstleblower clearly show that the true cost of a penatly charge is £2.00 - £2.50 MAXIMUM.

The simple fact is that the law clearly states that

"Charges may not be more than the actual cost"

In other words, the banks cannot make a profit on the cost of their penalty charges and if they do so they are UNLAWFUL and ILLEGAL.
Judge Cooke is there to uphold the law which he did not.

Remember, Lloyds Bank did not appear in the court giving them the chance to prove their charges. That is why they did not go to court because they CANNOT prove such charges.

It is VERY IMPORTANT when you contact the banks that you require a full breakdown of their costs. The fact is, if they do that they will show that they are breaking the law.

Clearly the banks are going to be looking at this unfair judgement but at the end of the day, if a bank is brave enough to go into the court room on the basis of this case, and they are asked for a complete breakdown of their penalty charges .. what are they going to say ???
If they produce evidence that under common law, the charges are fair then that sets a precedence BUT .... they cannot actually do this because if they show any amount above the cost they have broken the law and in turn the charges are UNENFORCEABLE and can be re-claimed.

This is still the weakness with the banks and even though Lloyds TSB might be celebrating, it will be very short lived and they would be foolhardy to think that they such a decision will ever be repeated.

THE KEY TO THIS IS: Ensure your bank know that you are asking the question "Please give me a full breakdown of your costs"
ENSURE you fully impress on them that you will ask the court the same question.

"HOW DO YOU ARRIVE AT A CHARGE OF £35. IF YOU CONSIDER THE CHARGE IS PROPORTIONAL TO YOUR COSTS THEN EXPLAIN IT WITH A BREAKDOWN"

mariavsabbey

Hi,
Please can someone help me!!!!
I have placed a claim with MCOL and Abbey have aknowledged it, last month I was charged £120 and today I recieved a letter stating that I will have £220 going out on the 28th May as more charges, can I add these to the claim now that it is in process.

zubbler

Hi,

I am in the same position as droopy1. Abbey have entered a defence which they sent me a copy of but I have not heard anything from the court or received a questionnaire. I am not sure what to do now. It has been sent to the Northampton County Court and I live in Luton and I have not received anything that enables me to change the venue.

Where can I get the venue changed and get a copy of the questionnaire?

Thanks

solarkatie

solarkatie wrote: »

I am currently claiming unfair charges from Barclays for my son to the tune of £2,900, however, he does owe the bank around £800 which we will not pay until we get some positive feedback from them for the overcharging over the last six years. Today we received a summons to attend court two hundred miles away from where we live. Obviously, we are counter claiming against Barclays. Has anyone any advice how to tackle this? :money: :money:

We are now in the process of preparing a defence for the court hearing. I have written to Barclays acknowledging the summons and giving advanced disclosure that we are counter claiming. We have just about concluded the financial statements and find that the original sum owing to Barclays was around £600 an not as I first thought of £800. It is quite nerveracking to think that we ordinary people will be taking on a giant, namely, Barclays. The banks are trying to legalise daylight robbery! If in fact it does go the full term and ends up as a court appearance would it be a good idea to get the media involved? We would not be averse to this with a bit of help if there is any to be had.