Claimed & Won.... now need to claim again..

gordon.m29

Hi I have already claimed , the bank gave me some of the charges back but not all , can i still reclaim the rest even though they say this was a final refund ?

nickmack

gordon.m29 wrote:

Hi I have already claimed , the bank gave me some of the charges back but not all , can i still reclaim the rest even though they say this was a final refund ?

If you have accepted an lesser amount as a final settlement for the claim, you cannot go back and claim for the remainder of the full amount.

nickmack

reclaiming wrote:

I'm going to have a go anyway.

Has anyone else done this?

You can try but what you have signed is legally binding.

If you have to take the case to court again, they could use this as evidence to strike out your claim.

walton

Has anyone here got experience of making more than one claim from their bank?

I recently successfully claimed back 205 pounds from my HBOS account and have since incurred more charges (stupid, I know but in my defence, HBOS takes a stupidly long time to transfer money...anyways). In the letter from HBOS offering my money, they said they would not pay out on any more claims and may close my account if i try to claim again...

Any ideas?

Cheers
W

georgiasmum

Don't do it!

em2007

well, i've not looked at charges from last 6 years but in the last 3 months of last year i was charged nearly £700 in a snowball of bank charges. because i was spending so much money constantly topping up my overdraft i got behind with rent and council tax payments.

so now i'm nearly losing my home because of all this so i phoned them in january and they refunded charges incurred since beginning of november, i didn't send any letters etc. nor did i sign anything so this is a 'goodwill gesture'. it was about £250 they gave me. anyway, with what i earn i can afford my bills with nothing spare, so i obviously can't pay back these debts i have in rent and council tax as i am still down by at least £300 from these charges last year. i have just phoned this morning but he was not at all willing to refund anything else and said it was all lawful etc. wasn't bothered too much about me and my family nearly homeless because of it either.

so what do i do now? shall i just start all this sending letters stuff? whats the chance of getting the rest back when i already took some before?! please help, i need to sort this out before i have nowhere to live!!


and is it too late to start claiming before the oft thing comes out in april?

jamalfatty

nickmack wrote:

If you have signed such an agreement, you will not be able to make any further claims, this is legally binding.

This is rubbish, you can make as many claims as you want, but only for charges that you havent already accepted a full and final settlement offer on.

The bank will probably close your account however so a parachute account should be opened first of all.

If I got you to sign a piece of paper saying it was acceptable to punch you in the face repeatedly, and you signed it, I can and should still be charged with assault. Same principle here, the bank cannot ask you to sign away your legal rights, these charges are unlawful until the banks can prove otherwise.

jamalfatty

There is a letter you can send them, think its called 'appropriation of funds' that basically does not allow them to not let you have your money that you need for basic living expenses.

Have a look on the consumer action group site for a template letter

Twinkly

em2007

Start the process of reclaiming as soon as humanly possible. All the template letters you need are here : http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632, and you will need to follow the process. Since you simply rang them regarding the £700 the settlement you accepted is a seperate matter entirely.

You now need to start claiming ALL the charges back.

I sincerely hope that you dont lose your home sweetheart, please get as much advice as you can on this and do everything you can to communicate with your landlord.

Advise them in your initial request for the data regarding the last 6 years charges that you intend to claim the full amount and offer them the chance to settle now. They may offer a settlement sooner and the key really is to negotiate as much as possible but not to settle unless you cant afford not to.

In your situation I would advise that you would do best to hold out for the highest possible settlement or go all the way court with it. You will get them all back eventually and if you lose your home in the meantime then you will need this money badly

The very best of luck to you

gordon.m29

Hi there at the start of all the reclaiming fiasco . we claimed £600 from the bank of Scotland and because we were under the impression that we could only claim £750 under scots law at court (which would have cost £50 ) we signed a full and final settlement . we now find out 12mths later that we could have done multiple claims Is there a way round this , if we try again will they refund us the other £3000 in charges for the last 5 years if it ends up going to court ? :mad: