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Bank Charges case upheld

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  • Hi

    I have been trying to claim charges back from Barclays, £2395.00. They did send statements but it took a few weeks for them to come. I then sent the 1st letter and with no response I then sent a 2nd letter. I received a letter then to say that they were looking into my claim and would be in touch with me within 5 weeks. The date was 14th May that they would be in touch by, and then yesterday being the 15th May i received a letter to say they would like to settle my claim with £1795.00 which if i accept will be in my account within 10 days.

    I have accepted this offer as I had also heard about the Lloyds bank winning the case so have just accepted it. I have also received letters from capital one to advise me that have credited my husband and my accounts with £104 each but I have advd that I will take this all the way as I want to claim £550 on both accounts which will almost clear the accounts.

    Good Luck and dont give up, just keep going it is worth it in the end.

    xxxxxx
  • jen1972_2
    jen1972_2 Posts: 78 Forumite
    Knackered wrote: »
    You clearly have no idea what you're talking about. The bank doesn't charge you for PAYING a DD when you have "unsufficient" funds, they charge you and then DON'T pay it for you.

    If you love bank charges so much, stay out of this thread.

    I have to agree with you, why are there one or two people on this thread that clearly aren't claiming charges back, i appreciate they have their opinions but they certainly aren't helping anyone. Yes i am claiming back monies from lloyds and to me 2 grand is a major step on the ladder to debt freeness. My husband whom earns just under £1000 a month bring home pay have endured paying lloyds on average £150 in charges a month we then either have to not pay something the following month therefore incurring charges elsewhere or subsquently reduce important things like trying to feed our children. I also agree a realistic amount like £2-4.50 is fine to charge us people, therefore the debt whole wouldn't widen on us. Then maybe we could all be a little happier in our day to day lives.
    I will continue with my claim which is a court stage, and hopefully get some monies back and i encourage others to carry on too
    Jen
  • Mr Berwick's case is a blow but not scaring me. I think in his shoe's since the bank had not turned up I would have asked for another date of hearing. I not legally trained but it does seem draconian if the Judge was acting as defence against the claimant and also acting as Judge in the case. Do you get my point.... for example if as claimant I didn't turn up would the Judge have acted in my interest as claimant and as Judge also. Then of course since everyone want's to win their own case the Judge acting as claimant and Judge would have ruled in my favour. BIZARRE SCENARIO.
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    Mr Berwick's case is a blow but not scaring me. I think in his shoe's since the bank had not turned up I would have asked for another date of hearing. I not legally trained but it does seem draconian if the Judge was acting as defence against the claimant and also acting as Judge in the case. Do you get my point.... for example if as claimant I didn't turn up would the Judge have acted in my interest as claimant and as Judge also. Then of course since everyone want's to win their own case the Judge acting as claimant and Judge would have ruled in my favour. BIZARRE SCENARIO.

    You'd get a awful lot of requests for new dates. The banks never show up. They daren't, as they know that they would be asked just how much (or how little) it does cost them to automatically adminster a penalty payment (sorry, service fee!).
    The acquisition of wealth is no longer the driving force in my life. :)
  • Hi All

    I made a phone call this morning to Barclays (former Woolwich) whiched had previously offered £1024 as a gesture of goodwill for my £1876 claim of which I declined and proceeded on with money claim, on 14th acknowledge and further 14 days entered a defence. Still waiting for court date to come though. But after hearing about yesterday’s events with tsb in court, decided to take the offer (cut and run).
    But after making the phone call this morning to accept the offer, was told this would now continue to go to court due to yesterdays events of the bank winning.
    Thought you guys might find this interesting.

    Looks like im going to have to take this all the way

    Good luck all
    Regards
  • In principle - but it is rather scary going up against the judge - okay he is obliged to rule in everyone's best interest but I do think in this setting you need both claimant and defence and a Judge. Perhaps I am preparing myself I will be in this situation before long ..... what will I do if the Halifax don't turn up and the Judge decide's to tackle me himself - I am prepared and confident and am furious about these charges and determined to win but what if I freeze and blow it all by being intimidated by such a judge.
  • feater
    feater Posts: 82 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Just a quick query, on the CAG Site Success stories one guy requested a Case Management Hearing in order to request disclosure of the banks calculations. The bank (Abbey) settled after this request was granted by the County court. Does anyone else think this might be the way to go in order to get the banks to settle or disclose their calculations.

    I have recently started my MCOL and it would be helpful if anyone could advise if they have taken this stance and won/settled?
  • Time2Go_25
    Time2Go_25 Posts: 994 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    cuddly1 wrote: »
    I am with you too Knackered...........I think what is being forgotten here is the fact that we all accept that there has to be some penalty for not looking after your own accounts, but its the AMOUNT they are charging when it has been made clear how little it actually costs the banks to charge us, therefore.........as I said in another post....in relation to stealing, If I was to go into my bank and steal..say £700 I would go to court and possibly do some time for it, soooo.......dont you think if it only costs the bank in the region of £2.50 per charge and some are charging as much as £40 isnt that stealing on THEIR part from us by charging excessive amounts ????? Even if they were to charge people £5 or even £8 say, they would still be making a healthy profit.......that is what is getting soo many people rilled !!!!

    Maybe although I suspect there are a great many on this board and elswhere who object to having to pay any fee/charge. You only have to look at some of the other forums where people are asking if they can claim there £10 back from a catalogue company because they forgot to pay on time. Even if it's only £8 instead of £40 those people who have built up charges of thousands are still going to be paying a large charge and will still be complaining.

    Interestingly if the charges are supposed to relate to the cost to implement I took my library book back late at the weekend and was charged 10p, this can have had no bearing to the cost as all that was involved was looking at the date and saying it's late. I've also been charged for taking DVDs back late and been charged another days rental, again not necessarily related to cost as there were plenty of others of the same title available.

    While I agree the charges do seem high and I understand that some people will slip into debt through not fault of their own, surely people must take some responsibility for managing their own finances.
  • Knackered
    Knackered Posts: 243 Forumite
    PPI Party Pooper
    pdel61 wrote: »
    While I agree the charges do seem high and I understand that some people will slip into debt through not fault of their own, surely people must take some responsibility for managing their own finances.

    This is very true but it does not give banks the green light to exploit people who are in vulnerable situations, exacerbating bad financial situations further.
  • Ernest
    Ernest Posts: 46 Forumite
    Tozer wrote: »
    Clearly you know very little about defamation of character. The statement cannot be 'fair comment' as there is no evidence it is true or justified.

    I find it outrageous that just because the impartial judge did not make a popular decision there is even a suggestion of bribery or corruption.


    Tozer,

    As much as I appreciate that you are a qualified professional, and you are giving free (but apparently not impartial) advise, i must say: I find most of your comments on this subject to be negative, provocative, and offensive. The tone of your posts are, at best aggressive and for the most part are off topic and irrelevant.

    It would be useful if posts can be as constructive as possible and I write this keeping in mind that everyone is entitled to his/her opinion without being attacked and shot down in an offensive manner.
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