Reclaim Unfair Bank Charges Discussion Area

clarenic

Anyone still around?

Do you think this reads ok for the particulars of claim?

1. The Claimant has two accounts ******* and ******* with the Defendant, opened in 2004. 2. Since 8 March 2005 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £689 plus £130; (b) Interest per S.69 County Courts Act 1984 of 8% - £57.42 plus £15.10 continuing at 8% until judgment or settlement at a daily rate of £0.15 plus £0.03.; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

It's a bit more complicated because I'm claiming on two accounts - is it ok to do it one claim as I've done above?

larlie1983

Im ready to send off my initial letter to gain access to all my past charges but have no idea who I make the £10 cheque payable to. I bank with Natwest.

Thanks for any help.

felix65

Can U Claim Bank From Credit Cards?
If So Does Late Payment Fees Come Into That?

Rex_Mundi

larlie1983 wrote:

Im ready to send off my initial letter to gain access to all my past charges but have no idea who I make the £10 cheque payable to. I bank with Natwest.

Thanks for any help.

The full company name for Natwest is National Westminster Bank PLC. That should do you fine for the cheque.

Edinburghlass_2

felix65 wrote:

Can U Claim Bank From Credit Cards?
If So Does Late Payment Fees Come Into That?

yes and yes

Greenwellies_2

Edinburghlass wrote:

yes and yes

Oh WOW!

I didn't realised that.
So if my payment was late (whether my fault or postal system) can I claim that money back???

If so I am going to be mega busy looking into all of the cards I had in the past.

GW

Edinburghlass_2

Greenwellies wrote:

Oh WOW!

I didn't realised that.
So if my payment was late (whether my fault or postal system) can I claim that money back???

If so I am going to be mega busy looking into all of the cards I had in the past.

GW

There is a template letter across at CAG specifically for credit cards and store cards. Do bear in mind though that its the credit card companies that have reduced the late payment charges down to £12 so I would assume they would deem this amount to be fair for recent late payments.

clarenic

clarenic wrote:

Anyone still around?

Do you think this reads ok for the particulars of claim?

1. The Claimant has two accounts ******* and ******* with the Defendant, opened in 2004. 2. Since 8 March 2005 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £689 plus £130; (b) Interest per S.69 County Courts Act 1984 of 8% - £57.42 plus £15.10 continuing at 8% until judgment or settlement at a daily rate of £0.15 plus £0.03.; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

It's a bit more complicated because I'm claiming on two accounts - is it ok to do it one claim as I've done above?

Hi - sorry to bump this message but I haven't had any answers on it yet and don't want it to get lost. I'd like to get the Moneyclaim stage underway today if at all poss.

I'd be really grateful for your comments. Still unsure as to whether to do it all under one claim or separately under two. It would mean higher court charges, which I don't really mind paying as I should get them back but (if memory serves me) we have a duty to mitigate losses don't we?

Thanks loads in advance,

Clare

Greenwellies_2

clarenic wrote:

Hi - sorry to bump this message but I haven't had any answers on it yet and don't want it to get lost. I'd like to get the Moneyclaim stage underway today if at all poss.

I'd be really grateful for your comments. Still unsure as to whether to do it all under one claim or separately under two. It would mean higher court charges, which I don't really mind paying as I should get them back but (if memory serves me) we have a duty to mitigate losses don't we?

Thanks loads in advance,

Clare

I'm doing the same, but I have put both accounts on the same letter and the details of charges is on one document, but defined clearly. (using Martin's template)

GW

speedy9764

Dear All,
I have been following this for a while and am possibly in a unique situation and wondered if anyone could help/advise/comment.
Due to a combination of circumstances my wife and I got in to financial difficulties with credit cards and the bank hence the charges and the snowball effect one credit card in particular was around £800 charges. Anyway it got to the point where we went for an IVA which was agreed, we now pay just under £400 per month for the next 4 years. My question is am I able to go back to the banks and credit card companies and claim back these charges. Even if it is only to repay the debt quicker.