Reclaim Unfair Bank Charges article discussion Part II

jolie123

I first wrote to the Halifax regarding my bank charges on May 28th. After ringing them several times I recieved a letter from them this weekend stating that I an not entitled to any of the money I have been charged because I was advised when I opened the account that these charges were standard. Where do I go from here?







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(this discussion replaces the discussion from the prior article)[/CENTER]

To discuss or ask a question about this article: click reply

Please note if you want to discuss 'the rights and wrongs of reclaiming charges' this isn't the place - this is a practical thread instead do it here

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JLA_2

Intelligent Finance

Claimed: £2309.00
Offered: 50% as a good will £1154.50

I am going to turn this down and proceed with requesting the full amount or take to court.

Luc

jayneg_2

HELP! I sent off my bundle on Thursday as my hearing is 4July. I think I have included the incorrect terms and conditions. Is it too late to amend this and send the correct ones. I picked up Terms and Conditions from the CAG site but now realise they were for business account - can anyone tell me if I can send correct ones - its still before the 14 days hearing date HELP!!!!!!!

Jester

Jester wrote: »

I've finally got a court date for my claim against First Direct, but I am a little confused as to it's wording.

It says:

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. Directions will be given in this case by the designated Civil Judge on the 14th August 2007 at 10.30am at Cardiff Civil Justice Centre blah, blah

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

Does this mean that the judge is ordering First Direct and I to come to some sort of agreement before the court date ?

Can anyone advise ? This is not what I was expecting from the court !!

So can nobody tell me what this court letter actually means ?

Hungryhippo_2

I am at the latter stage of proceedings in my attempts to reclaim my charges from the Halifax and should now be taking them to court. Trouble is when I sent the letter telling them that if they didn't pay up in 14 days I would begin my claim (16/05/2007) I neglected to send it by recorded delivery and since they haven't acknowledged receipt I'm concerned that they will say that they didn't receive it.

The 14 days have now long since elapsed even though I have no idea of what date they would have received the letter but I still haven't proceeded with the claim. I have been debating, in view of recent developments, whether to make my claim via the court or the ombudsman and quite frankly I really can't afford the court fees at the moment.

Have I left it too long? Should I just go ahead even though they ignored the last crucial letter? And do the courts charge everyone or is there free claims for peopole on low wages or benefits?

Sorry about all the questions but I'm getting panicky about it all now.

princesskez26

Hungryhippo wrote: »

I am at the latter stage of proceedings in my attempts to reclaim my charges from the Halifax and should now be taking them to court. Trouble is when I sent the letter telling them that if they didn't pay up in 14 days I would begin my claim (16/05/2007) I neglected to send it by recorded delivery and since they haven't acknowledged receipt I'm concerned that they will say that they didn't receive it.

The 14 days have now long since elapsed even though I have no idea of what date they would have received the letter but I still haven't proceeded with the claim. I have been debating, in view of recent developments, whether to make my claim via the court or the ombudsman and quite frankly I really can't afford the court fees at the moment.

Have I left it too long? Should I just go ahead even though they ignored the last crucial letter? And do the courts charge everyone or is there free claims for peopole on low wages or benefits?

Sorry about all the questions but I'm getting panicky about it all now.

You could always re-send the letter, if you didn't want to do that press on with your court claim.

Here is the guidance on exemption for the courts, http://www.hmcourts-service.gov.uk/infoabout/fees/exemption/exemption.htm

Kez

k1mmie

I put in my claim against RBS for a clsoed account but with an outstanding balance. This has been referred to an external collection agency. They have just wrote saying it has been referred and you will hear from them. But surely it is the bank I am claiming against? I am not bothered that the amount will be deducted from what I owe, however think they must have sold it off? What now??????????///

mussell02

I think my claim will go to court with the abbey. Could someone tell me what i need to take to court if i get a court date?

harpiegirl

k1mmie wrote: »

I put in my claim against RBS for a clsoed account but with an outstanding balance. This has been referred to an external collection agency. They have just wrote saying it has been referred and you will hear from them. But surely it is the bank I am claiming against? I am not bothered that the amount will be deducted from what I owe, however think they must have sold it off? What now??????????///

I think this is another delaying tactic. It is the bank you are claiming against. These should be 2 separate issues. I suggest you write to them again nicely asking for your charges back.
All the best.

LozBingley

Jester wrote: »

I've finally got a court date for my claim against First Direct, but I am a little confused as to it's wording.

It says:

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. Directions will be given in this case by the designated Civil Judge on the 14th August 2007 at 10.30am at Cardiff Civil Justice Centre blah, blah

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

Does this mean that the judge is ordering First Direct and I to come to some sort of agreement before the court date ?

Can anyone advise ? This is not what I was expecting from the court !!

I'd turn up if I was you and make yourself known to the usher before court starts (about 9:30am) but you don't have to go. Even if you do intend to go, you should at least write a covering letter and/or supply as much detail as possible, ideally to arrive at the court at least a day before the hearing. Its important that you make the judge aware that its not the fact that you have been charged that is the issue, it the fact that the chrage is to high and therefore illegal!

Also, write to the bank and ask for a detailed breakdown of the cost of administering the charges made to your account. Tell them that you require this information prior to the directions hearing as you will be asking the judge to consider this cost when he makes his ruling in your favour and as such failure to provide this detailed information to you will result in you asking the court to apply for the information as any charge should not exceed the cost of the breach of the contract.

Also make sure you include all your correspondence, both ways, with the information you send to court, especially the letter you are about to write that includes the information in that last paragraph!