Reclaim Unfair Bank Charges article discussion Part II

LauraG007

Hi, I started a claim via MoneyClaim online with the Halifax. It says they have 14 days to respond after they have been served with the order. It is saying that this order was "issued" yesterday. I may be being silly but does issued and served mean the same thing in this instance?

crysta1010

I opened an account with Shabbey last October. I transferred from Natwest after winning back nearly £2000 from them. Some of my direct debits were not transferred though and I had trouble with changing my tax credits to my new account which left me overdrawn by a few pence for less than 24 hours.
Abbey charged me £30.00 for paying a direct debit when there were unsuffiient funds and also the £20.00 for going over my overdraft. When these charges were taken out, it left me overdrawn again and Shabbey charged me again. Last month it spiralled and when my statement came I was told that they were going to take out £375.00 in charges. So I cancelled all my direct debits online, opened a new account with Alliance & Leicester with only a small overdraft and now all my money goes into my new account. I haven't used the abbey account since but it left me with a £700 overdraft.

I was going to write the initial letter asking for my charges of £500 plus when I come back from holiday but yesterday I received a letter stating that Abbey are going to refund me £520.00. So that covers most of the overdraft.

This is all without even sending a letter.

alfiebilly0

Hi all
hope you can help, last saturday i recieved a letter from lloyds bank to say that they were going to pay me £750 of the £1500 i had claimed for, i decided to decline this offer by useing one of martins template letters.
saying that the offer was not satisfactory i then posted this off on monday recorded delivery in the letter i included the full amount of the claim and didnt deduct the 750.00 because i hadnt a that time recieved it.
The next day ( tuesday)i went online to do some banking and they had already put that money into my account, even though the initial letter said it would go in in 10 ten days time.
The money went in 3 days after the letter was written, i have moved the money out of that account, and they should now have a letter from me asking for the full amount, as i wasnt expecting the money to go in for a further 7 days. what should i do????
Should i call them or just wait, i have in my decline letter said that i would accept the claim amount less the interest. if they were not prepared to pay this i would then take my case to court.
thanks mandy

WeeC

Larralacha wrote: »

As far as I am aware the banks have 40 working days to deal with your claim.
For example- I sent my claim to RBOS on 4th April by recorded delivery. Because of the bank holiday they never actually received it until 12th April. I received the statutory response letter "are looking into caim blah blah" on 13th April. My total claim was for £3300 but I made a without prejudice offer of £2600 if the claim was dealt with in 14 days. THIS MAKES NO DIFFERENCE WHATSOEVER as every time I have called their hotline they tell me that they have until 11th June (there have been a couple of bank holidays) to make me an offer. I spoke to somebody on 1st June and was told that an offer letter for £2600 had been agreed and generated... but I could have to wait until 11th June before I receive it!! If I accept the offer it will then take up to 10 days after they have received my acceptance letter to pay the money into my account.
So the banks will take each stage to the limit as their way of inconveniencing us customers and also as a way of trying to wear down our resolve. Do not let them win, stick to your guns and do not accept any "good will gestures" as final payment. They cannot win in court and even if you are unlucky enough to get a judge who rules in their favour, they will still either settle in full after the case, or face the certainty of losing at an appear hearing and setting a precedent that they will then be bound by in all cases. These charges have been PROVEN in court to be unlawful so don't let them try to make you believe otherwise.
Good Luck with the claim.
Larralacha

Thank you so much for the advice. I'll keep on it and fingers crossed I get somewhere.
Hope everything comes through for you too.
WeeC

tracepppp

Claiming £9922
Offered Zilch!

I decided to wait the 8 weeks, which is up tomorrow! I have rang every day this week, to be told the same thing, nothing has been resolved as yet, but an offer letter will be sent out tomorrow!! Should I be hopeful of this or is this fobbing me off??! :rolleyes: :rolleyes: To be honest I would be happy with £8000 but am fully prepared to take it all the way if I have to. It's only hearing Martin on tv and subsequently reading these threads that has given me the courage to do this, so thank you to everyone, who has taken the Big Boys on and won! :T

mrsorganised

Time_goes_by wrote: »

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.

This feels like de ja vue. I am dealing with barclays. Its been 15 days since I filed a warrent of execution, and heard nothing. Didnt know whether or not to just send in the bailiffs.

oldandskint

LauraG007 wrote: »

Hi, I started a claim via MoneyClaim online with the Halifax. It says they have 14 days to respond after they have been served with the order. It is saying that this order was "issued" yesterday. I may be being silly but does issued and served mean the same thing in this instance?

hi its isued then served within 5 days later

Time_goes_by

SDJones wrote: »

Bank: barclays Bank
Amount Reclaimed: £1915
Amount they paid: £1435
The story: It took only two letters requesting my money to be refunded, and they have came up with an acceptable offer. It would of been nice to hold out for more, but I will settle for this.
Good Luck to everyone else.:money: :beer: :T

I am pleased with your success. Barclays have told MCOL they have paid me
in April yet they haven't done so. they are telling porkies.

dawnys_2

Simon7685 wrote: »

Hi

Can anyone give me any advice?
I started my claim in March 2007. Last Friday I received a copy of the banks defence (from the bank themselves). MCOL states defence received effective 13/04/07 and I can go no further with my claim online. To date I have received nothing in writing from the court. Does anyone know how long this usually takes?

Also can anyone advise me as to what I should take along to the hearing once it is happening?

My bank is Abbey and the amount I am trying to reclaim is £2704. If anyone else is battling Abbey or sucessfully done so please get in touch so we can compare and maybe help each other along the way. It is quite un nerving to think that the average Joe Bloggs is taking a massive company to court!!!

Thanks very much

Hi
I have proceeded with MCOL - issued 31st June. Abbey have 14 days to reply. not a peep out of them so far! They have untill 13th to respond. Unsure what to do then if they don't. Any ideas welcomed!!

princesskez26

dawnys wrote: »

Hi
I have proceeded with MCOL - issued 31st June. Abbey have 14 days to reply. not a peep out of them so far! They have untill 13th to respond. Unsure what to do then if they don't. Any ideas welcomed!!

If they don't respond then you are entitled to request judgement by default. If this is issued then the courts will notify the bank and tell them to pay you as you have won

Kez