Going legal without giving banks warning???

jambow_2

Hi

I'm in desperate need of advice please. I am claiming on behalf of my mother-in-law from Abbey National Bank. Bank statements requested mid March so they have until 1st May until 40 days are up. However, this claim will be big, estimate in the region of £5,000 - £10,000 excluding interest. I have warned them of my intentions once I'm in receipt of the bank statements and I have also asked for a full refund of all charges + interests going back 6 years (without listing an amount as I don't know)

They have not cashed the £10 cheque and other than a standard will will reply in 8 weeks we've heard nothing. I have a feeling due to it's size they are playing hardball however I've done everything by the book. I have a signed receipt from an Abbey employee to whom I personally handed the letter to.

My main question is on 2nd May can I small claim court them for £5,000 + interest as an estimated amount with the exact amount difference to be claimed at a later stage once in receipt of statements? or must I then send another letter asking again for charges refund and give them 14 more days?

Just for further info, I have the last 3 months banks statements and charges have averages £70 per month so I'm basing my calculations of £70 X 12 months X 6 years which is £5,600 so I rounded it down to £5,000 to be conservative and also within the small claims limits.

Any advice would be much appreciated please as I don't wanna mess this up, I'm feeling like we have them by the short and curlies but don't want to make some schoolboy error and let them win!.

Many thanks

pete-in-london

If you submitted a claim relying on an estimate it is likely to get thrown out immediately by the court.

You will definitely need to get the statements as you will have to list the charges individually and by date - estimates are no good here.

I can understand the frustration of waiting for the statements - and you are right - it is a delaying tactic. If 40 days are up without you receiving the statements then phone them up to complain and also report them to the Information Commissioner.

You should find this thread helpful:
http://forums.moneysavingexpert.com/showthread.html?t=323057

jambow_2

Hi

Help please....I'm making a claim on behalf of my mother in law from Abbey, it's estimated to be £5,000ish + interest. I sent a letter on 21st March asking for bank statements and to date, none have been received. I warned them in that letter and also in a subsequent chase up letter dated 13th April that once received, intend to claim back 6 years worth of bank charges + interest and I requested they refunded me this (as yet, unknown amount) without delay.

My question is on 1st May their 40 days would of expired, they would of also at the same time been given alot more than 14 days notice of my intentions to go to court, On the day I'm in receipt of bank statements am I allowed to Small Claims Court them without having to wait another 14 days. They have already been warned on more than one occasion if you see what I mean?

Many thanks, great website, would never of done this had this forum been here!!!!!! Jamie

nickmack

jambow wrote: »

My question is on 1st May their 40 days would of expired, they would of also at the same time been given alot more than 14 days notice of my intentions to go to court, On the day I'm in receipt of bank statements am I allowed to Small Claims Court them without having to wait another 14 days. They have already been warned on more than one occasion if you see what I mean?

Did you send the DPA request by registered post? If not, how can you prove they received it?

If you don't have your statements, how would you know how much to claim when taking this to court?

You should follow the steps to get your statements first and then write making the Initial Approach and 14 days later the Letter Before Action. If you try to skip to court, you are in danger of having to estimate charges and then not giving them sufficient time to resolve the matter out of court.

jambow_2

Hi, thanks for the advice. To clarify, I handed the original DPA into the bank and got a signed receipt from an employee. Also, We receive a very humble letter from Abbey this morning saying paperwork should be with us in 5 to 7 days (and the letter was dated 13th April) so I'm banking on the statements being here by early next week. I figure if I get the statements sat this Sat I can Moneyclaim them on Monday? or do you really think I should then send a 14 day LBA?

Many thanks for advice.

jambow_2

Hi

On 21st March I sent a data subject access request to Abbey asking for list of charges and/or bank statements. There deadline is therefore 1st May. I am considering today sending a letter before action in an attempt to save valuable time. In this letter as I don't know they amount I will just say 'please repay the total of all bank charges going back 6 years from March 2007, I also reserve my right to claim interest should this matter go to court'

My aim is to save time for when I do receive the statements, the claim is going to be large and I am not interested in part-settling, infact, really I want to go to court to not only make them squirm abit but to get interest.

My letters are given to the bank personally and a signed receipt from a bank employee is always obtained.

Is it illegal to do this? must I have an exact figure of which I'm asking for?

I'm just very nervous of timelines and am keen to get this wrapped up and a cheque cashed before the FSA make a ruling or the banks start doing some new trick?

Many thanks for oyur help, this website rocks!!!

nickmack

jambow wrote: »

On 21st March I sent a data subject access request to Abbey asking for list of charges and/or bank statements. There deadline is therefore 1st May. I am considering today sending a letter before action in an attempt to save valuable time. In this letter as I don't know they amount I will just say 'please repay the total of all bank charges going back 6 years from March 2007, I also reserve my right to claim interest should this matter go to court'

Is it illegal to do this? must I have an exact figure of which I'm asking for?

I'm just very nervous of timelines and am keen to get this wrapped up and a cheque cashed before the FSA make a ruling or the banks start doing some new trick?

You should give the timelines specified in the guide and stick to them. If you take shortcuts and don't allow sufficient time for the bank to settle, you could risk your case being thrown out.

I wouldn't recommend estimating your charges either. When you come to filing a claim, you need to specify an amount. You also need to provide evidence to support your case in the form of the lsit of charges. If you don't have this, again you risk the case being thrown out.

There won't be any FSA ruling soon, but the banks are adapting their tactics, so you need to keep informed of current cases.

I know claimants are keen to get their money back as quickly as possible, but you really need to ensure you follow the process carefully.

jambow_2

Ok, once in receipt of statements I'll give them 14 days to cough up or else it's off to court we go!!!

Many thanks for the advice

Edinburghlass_2

If you intend doing this you still aren't listening I'm afraid. Please read Martin's article and follow the tried and tested route, it does work you know.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Bank Charges Video Guide | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip

Beate

1. Get the statements.
2. Calculate charges.
3. Send letter giving bank 14 days to respond.
4. Send second letter giving back another 14 days before it goes to court.
5. File a court claim.

Please do it this way.