Reclaim Unfair Bank Charges article discussion Part II

malgoode

I claimed from Halifax who at first refused to refund claiming that their charges were fair. So I requsted a breakdown of how their high charges were incurred (£20 overdrawn for 24 hours = £58 charge plus interest) but they again refused citing the data protection act. They also threatened closure of my account. So I used the Ombudsman to report them. Immediately the Ombudsman was involved Halifax refunded in full.

But I was surprised that even though I had been refunded, the Ombudsman continued to pursue them. The Ombudsman has sent me a copy of a letter from them to Halifax demanding that Halifax supply them with a breakdown of how their costs were calculated and also to explain why they believe that those costs are fair. I am now waiting for the Ombudsman to inform me of their reply as promised.

I am really pleased that I used the Ombudsman instead of the court. It was easier, fast and a free service and also appears, in this case, to be more effective than the court.

The really nice part of this story is that it was Halifax who sent me the leaflet explaining how to use the Ombudsman if I had a complaint.

lindilou39

millielotus wrote: »

I suppose this is a flaw in my case. I went 3 dates over the 6 years and the bank has obviously picked up on that. Everything else is correct.

still not to worry, have you as yet filled in the further particulars of claim??? you can amend if you notice anything you shouldnt have claimed for. If you have submitted all your paperwork and seen the flaw telephone the court and ask about an amendment to claim form, to amend costs £35.

Lin

lindilou39

malgoode wrote: »

I claimed from Halifax who at first refused to refund claiming that their charges were fair. So I requsted a breakdown of how their high charges were incurred (£20 overdrawn for 24 hours = £58 charge plus interest) but they again refused citing the data protection act. They also threatened closure of my account. So I used the Ombudsman to report them. Immediately the Ombudsman was involved Halifax refunded in full.

But I was surprised that even though I had been refunded, the Ombudsman continued to pursue them. The Ombudsman has sent me a copy of a letter from them to Halifax demanding that Halifax supply them with a breakdown of how their costs were calculated and also to explain why they believe that those costs are fair. I am now waiting for the Ombudsman to inform me of their reply as promised.

I am really pleased that I used the Ombudsman instead of the court. It was easier, fast and a free service and also appears, in this case, to be more effective than the court.

The really nice part of this story is that it was Halifax who sent me the leaflet explaining how to use the Ombudsman if I had a complaint.

Thats a nice story to end the day on mal....nice one!

Lin

roysal

Sorry everyone, I know I am being a bit thick, but I am so so confused. I posted a few days ago about the defence/request for info I received from Cobbetts recently. Having dealt with the request for info last week, I had a ead through of their defence. I picked up on a point re the detailed description of the charges that they want me to provide. Had a response from LozBingley (thank you by the way) saying that I should produce this description and send/fax it to bank/court with copies of the statements, but I wasn't sure whether she meant I send them NOW or do I prepare it all and take it to court IF and WHEN I go. I have loads of statements. I can photocopy them thats not a problem, but if I have to fax them, I will be there all week. So - do I do it now or later?

My brain hurts

roysal

And another thing just to add to the above. We were given a response date to the request for info part of the defence of 8th June which we met. The actual defence side of it doesn't give any timescales, so is that OK. My OH is telling me not to worry as the defence is just that, them telling us what they will want us to clarify if and when it goes to court. Am waiting for court date now, but I so want to get this right.

oldandskint

HI GUYS

Just to let you all know am typing this with matches in eyes keeping them open have stayed up to request judgment by default as Barclays havent acknowledge any of my two claims.

Has anyone else had this happen?????

What happens from now on??? any help would be gratefully recieved!!!

Is it time for a :beer: or am I being to presumptious????

Have asked for payment by the 14/06/07 :j

Will keep you all posted on what happens but would be really really grateful for any advise in the meantime.

Best regards
Old and skints other half (he's snoring)

Edinburghlass_2

Sadly if quite likely that a late defence will be put in this morning and it will be accepted so I wouldn't have that beer just yet.

Edinburghlass_2

roysal wrote: »

Sorry everyone, I know I am being a bit thick, but I am so so confused. I posted a few days ago about the defence/request for info I received from Cobbetts recently. Having dealt with the request for info last week, I had a ead through of their defence. I picked up on a point re the detailed description of the charges that they want me to provide. Had a response from LozBingley (thank you by the way) saying that I should produce this description and send/fax it to bank/court with copies of the statements, but I wasn't sure whether she meant I send them NOW or do I prepare it all and take it to court IF and WHEN I go. I have loads of statements. I can photocopy them thats not a problem, but if I have to fax them, I will be there all week. So - do I do it now or later?

My brain hurts

Don't fax/send the copied statements as yet, this will be part of your Court Bundle which will be asked for at a later stage. A copy of your list/spreadsheets of charges, giving description, date taken and amount will suffice.

cyberman_3

malgoode wrote: »

But I was surprised that even though I had been refunded, the Ombudsman continued to pursue them. The Ombudsman has sent me a copy of a letter from them to Halifax demanding that Halifax supply them with a breakdown of how their costs were calculated and also to explain why they believe that those costs are fair. I am now waiting for the Ombudsman to inform me of their reply as promised.

It is interesting to see that the Ombudsman is now using the same line of questioning as we do. I hope that Judges are aware that the Ombudsman is doing this because whilst the Ombudsman can "demand", a Judge can "order"

Well done, you got a great result

Time_goes_by

I was successful in my claim by default in April. Receiving no payment I
issued Warrant of Execution. A few days after this I received a letter from
Barclays asking me to write to the Court to withdraw the Warrant and
they would then pay the money into my account. I did not acknowledge the
letter because they had stopped my direct debits, and asked me not to use
cheque book, so I had no access to the account. I emailed MCOL and wrote
to the Court dealing with the case when, as time went by, nothing happened.
I spoke to the bailiff at the court,who promised to ring me back, still nothing.
I then wrote to higher court, who dealt with enquiries immediately and
came back with the reply that the warrant had probably been overlooked.
Bailiffs went to the branch in May and left two letters , the Manager confirmed would be sent to Head Office to deal with. Silence. At the beginning
of June I went into a Barclays branch to log a complaint. Mysteriously
yesterday checking MCOL under the Warrant section were the words PAID
14th April 2007.This was not there before and it wasn't paid then and it
hasn't been paid yet and their letter requesting me to remove the Warrant
was days after they have stated they have paid me.