Reclaim Unfair Bank Charges article discussion Part II

Ma77g

I still havent seen a definitive answer on this in any thread. Ive read the advice posts from Edinburghlass and seen other people querying exactly when the 6 year period starts and ends but no one seems sure or maybe I've missed it. If I start by asking in writing for charges from feb 01 to feb 07 and only now get to issuing a MCOL claim surely I claim for the chanrges for feb 01 to feb 07 not for jun 01 to jun 07? Anyone point me to a definitive answer on this one?

lordgaz wrote: »

Quick question -
I requested my statements back in September last year, adding in the letter that charges that could be seen as unlawful would be claimed back.
I submitted my claim in January and started court proceedings thereafter.

I am right to claim back from the date of my original letter as I made it clear of my intentions?

Cheers
Lordgaz

Edinburghlass_2

Ma77g wrote: »

I still havent seen a definitive answer on this in any thread. Ive read the advice posts from Edinburghlass and seen other people querying exactly when the 6 year period starts and ends but no one seems sure or maybe I've missed it. If I start by asking in writing for charges from feb 01 to feb 07 and only now get to issuing a MCOL claim surely I claim for the chanrges for feb 01 to feb 07 not for jun 01 to jun 07? Anyone point me to a definitive answer on this one?

You can start by claiming from the date you first started BUT when it gets to the court stage the bank are likely to turn round and say that the earlier charges are "time barred". However, they will tell you what charges they will disallow at this stage or in any offer and it then becomes up to you if you want to "fight" for them.

Edinburghlass_2

lordgaz wrote: »

Quick question -
I requested my statements back in September last year, adding in the letter that charges that could be seen as unlawful would be claimed back.
I submitted my claim in January and started court proceedings thereafter.

I am right to claim back from the date of my original letter as I made it clear of my intentions?


Quick Question 2
My claim is in the courts now, and HSBC have asked for my breakdown of charges - is this stalling? Is there a standard letter or correct way of responding to this?

Cheers
Lordgaz

As the above post re "time barring", send your list of charges with breakdown again to HSBC, quite normal, have a look at the Reclaim Help Thread for a link to the thread "letter from solicitor/bank..."

craigy83

Norriv50 wrote: »

Bank: Barclays

Claim: £5590 (including interest)

Amount repaid: £5590

I went through the whole MSE process, and ended up taking Barclays to court through Money claim on line. Having looked through successes for hours i came across one for Barclays with a name and telephone number of some who had helped this previous success story. So I rang the number and it turned out to be someone in Barclays litigation department, they weren't dealing with my case but were dealing with my husbands. they gave me the name and number of the person who was dealing with my case, and when i rang her she said that Barclays file a defence as a matter of course, and when they had done that to ring her back and they would settle!!!! and it was literally as simple as that. So the day they filed the defence I rang her, and she just asked me to fax her the list of charges (with interest) which I did, then within an hour, yes an hour all the money was in the bank. I claimed £3500 for myself in bank charges and £ 2090 for my husband, and Barclays paid every penny!! Thank you Martin. The number i rang for the litigation department at Barclays was 0207 1161943. HIs name was Dino and was so helpful. Just give him your moneyclaim court case number and he will put you in touch with the person who is dealing with your claim. He even said "dont' be afraid of the defence, its a computerised standard defence" and once they've filed it you can settle. Easy as that. thank you martinxxxxxxxx

hiya hope you can help me! im at the stage where barclays have said they are going to defend the whole of my claim which comes to £4192 with interest. im getting a bit scared now and would at least take 3500 off them!
should i do what you have said in your message above?

craigy83

agnes_2

Hi helmph27 go to Edinburghlass and find the comprehensive list linked to her site.
maxinex and jester yes I went to that site, and sent off to the bbc did you ?

agnes_2

lindilou39 wrote: »

They have a further 14 days to enter a defence so dont be too hasty in filing for judgement just yet, they have 14 days from deemed served date to acknowledge then a further 14 days to enter a defence.. You could possibly try phoning them again with the same gesture then if they still dig in about the interest bit say to them...ok I am prepared to waiver the interest if you are prepared to pay the court fee...If they still dig in...wait to see if they offer defence, keep an eye on mcol for the next 14 days .




Lin

Correct me if I am wrong but when the bank 'acknowledged ' my claim it was given 28 days to submit a defence, and even then because the 28th day fell on a Saturday they were given til midnight on the following Monday. they filed the defence at the last minute literally about 11pm preparing for court!!!

Baron_2

I've won a Judgement against Barclays. They'd acknowledged the claim but didn't put in a defence. No sure what i do now. Do i send them a letter giving tham 14 days and than say i'll be sending in the bailiffs if payment isn't received. Would anyone have any suggestions. Do i call them????

elliott1982

im just finishin of my court bundle(all 165 pgs),but i want to mark the law which states about CHARGES NOT BEEN MORE THAN THE ACTUAL COST.
MY EYES ARE STARTING TO HURT FROM READING ,AND IM NOT REALLY A LAW PERSON ,SO FINDING IT HARD TO FIND.!

would appreciate if any body could direct me to to were abouts it is stated in the UTCCR 1999?
I HAVE NOT HAD MY COURT DATE SET YET BUT AM JUST GETTING AHEAD SO I CAN POST IT OFF AS SOON AS THEY ASK FOR IT!
THANKS

itsmymoneyanyway

My question is simple.The bank acknowledged my claim.ok....Moneyclaim on line says the bank is going to defend it.ok.....moneyclaim says i can no longer deal with this on-line and i should be hearing from someone...(presumably the court..)..er..ok. Right here`s my question:
Am i now sitting around waiting...can i see the defence detail? How and who is going to contact me...
Sorry that was a couple of questions...oops
hope someone can help..i`m in the dark!!

mickyb27

Hi

Sorry if i have duplicated this but i have looked for ages and still can not find my answer !!

I have started the court process with the Halifax bank.

They said they would be defending which they failed to do.

I asked for a judgment to be made on my behalf which was done

question is...

Have i now won ????

and is the next step to asked for a warrant to be issed or do i just phone the Halifax and tell them if they dont pay up in x amount of days i will get a warrant ????????


Thank you for taking the time to read and reply in advance.