Reclaim Unfair Bank Charges Discussion Area

165721

juneclarke wrote:

Thanks very much first of all for your prompt answer.

Now, I know this is going to sound stupid, but am I asking for the penalty charges back or am I also asking for the the interest I have been paying on the card back as well. I am a bit stuck here on what to say and want to (obviously) sound intelligent (ha!!) and informed. I think the fact that they have already offered me some money is a good sign. By the way they have now cancelled my card, no loss as I already have another one!!!

You can only claim on the interest they have charged you on the actual charges. This is tricky to extract from overdraft charges as it is hard to see where a charge ends and the overdraft proper starts, if you get my drift. However, as you are claiming against a credit card, this is much easier. Any charge on there will be accruing interest at the rate set out by your provider. Just work out exactly how long it has been in days since each individual charge was put on the card, and work out what you have paid in interest on each one. Then you can claim this back on top of your charge. The letters can be found in the article. When it comes to mcol action, you can then add 8% on top of all of it, calculated on the spreadsheet.

By the way, did they close your account because of the claim against them?

165721

saver6 wrote:

I'm having a mind meltdown today, and need just a clarification re. wording.

I'm jumping in with both feet and writing the first letter today, requesting info for the last 6 years. However the account it's regarding has only been opened for about 5 years. If I write in the letter "over the last six years, or since the account was opened (whichever is the later)" is this a logical sentence?

I keep asking myself if I should be saying "whichever is the earlier" and am confusing myself.... any grammar experts out there?

If you know it has been less than 6 years just write "since the account was opened" no need to say anything about 6 years and then no need to worry about grammar! Good luck and keep us informed on how its going.

missk_2

Interest

Hi, I'm just about to post off a letter asking for bank charges back but I notice that Martin's article suggests including the 8% interest at the first letter stage. "If you win via the courts, you would be entitled to add 8% interest... so you may as well ask for this interest as part of the initial cliam."

The Consumer action group web site says don't claim this statutory interest until the court stage.

Can anyone advise which is the better approach?
Thanks a lot.

saver6

165721 wrote:

If you know it has been less than 6 years just write "since the account was opened" no need to say anything about 6 years and then no need to worry about grammar! Good luck and keep us informed on how its going.

Doh! Yes, that would make sense. ) I told you I was having a meltdown!
My thanks b utton doesn't work, but thank you anyway!

Rex_Mundi

missk wrote:

Interest

Hi, I'm just about to post off a letter asking for bank charges back but I notice that Martin's article suggests including the 8% interest at the first letter stage. "If you win via the courts, you would be entitled to add 8% interest... so you may as well ask for this interest as part of the initial cliam."

The Consumer action group web site says don't claim this statutory interest until the court stage.

Can anyone advise which is the better approach?
Thanks a lot.

I understand why it is confusing when you read two different opinions from two very reliable sources.

Personally, I wouldn't claim the interest until the court stage. It is only if it gets to court that you are entitled to claim interest. Up until then, in all your dealings with your bank. You are only entitled to claim for the amount they charged you.

It's up to you if you want to apply the interest straight away. Although if the bank agrees to pay the amount claimed without the interest before you get to the court stage, you should take it straight away. If you turn it down because the interest isn't included, you would be in the wrong.

165721

missk wrote:

Interest

Hi, I'm just about to post off a letter asking for bank charges back but I notice that Martin's article suggests including the 8% interest at the first letter stage. "If you win via the courts, you would be entitled to add 8% interest... so you may as well ask for this interest as part of the initial cliam."

The Consumer action group web site says don't claim this statutory interest until the court stage.

Can anyone advise which is the better approach?
Thanks a lot.

Very good point. I think we need the man himself in on this one! I've always stuck by the CAG suggestion and agree with Rex_Mundi...

tricky0000

Hi,
I had a £1000 limit on a credit card with MBNA, but due to snowballing charges, penalties etc I've recently paid around £2500 just to clear the debt and get rid. They then told me my account was closed.

Can i still go through the procedures of claiming back the grand and a half i paid for fees and charges even though my account is already closed?

any advice greatly appreciated.

Rex_Mundi

tricky0000 wrote:

Hi,
I had a £1000 limit on a credit card with MBNA, but due to snowballing charges, penalties etc I've recently paid around £2500 just to clear the debt and get rid. They then told me my account was closed.

Can i still go through the procedures of claiming back the grand and a half i paid for fees and charges even though my account is already closed?

any advice greatly appreciated.

Yes. you can still claim back any bank charges from accounts you've had in the last 6 years (5 years in Scotland). This is also valid for any accounts you've closed over this time.

Entertainer

Regarding credit cards, I know you can reclaim late payment fees but what about interest charged on transactions where, for instance, the monthly payment has been received a day late?

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 - Edinburghlass - are you around? If you are, would you mind giving me your opinion on the above? I'd be really grateful. I've got the moneyclaim thing all filled in, just need to finalise this bit now.

Thanks very much,

Clare