Reclaim Unfair Bank Charges article discussion Part II

sweepster

Well i have recieved my courts questionaire to fill in must be done by end of the month. I was thinking of leaving it now but after reading all the info regarding the court case with lloyds its still my 4131 and with fees and interest nearly 6000 so will keep going.
sweepyxx

JIMBOB'S_MUM

I submitted my MCOL claim on Monday before I had read many of the threads, and now wish I'd held back for a day or two. As well as only putting in a very brief outline of my claim on the 'particulars claim' when I indicated I was claiming interest a template paragrah came up which had spaces for £charges and £interest and also sentence to the effect of 'also claim interst at a daily rate of xxx' In this space I put 8%, but having now looked at another thread I think this is wrong. Will this negate my claim if it is incorrect Also downloaded the judgement of recent LTSB case, did anyone understand what the judge was saying?? I'm really worried that if it goes all the way to court I'm going to be really stuck!

bsjwright

OK, so I got a letter back from the court today. The Defence was that "the defendant has refunded all charges debited to the claimant's account since 16/04/01 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimant's account before 16/04/01 it is barred by virtue of the provisions of the Limitations Act 1980."

Does anybody know anything about this act, and how I can get round what they are saying? My initial request to the bank for statements was on the 16th December 2006, so I should be entitled to claim 6 years prior to that date, surely?

im_a_reds_fan

Had 2 letters from the bank saying they were looking into charges we were trying to reclaim.Then had another letter saying they have carried out a full investigation which they then say that when we opened the account we agreed to the terms and conditions.In conclusion their advice was to get a bigger overdraught limit.Should i continue to pursue with getting the bank charges back.

JIMBOB'S_MUM

JIMBOB'S_MUM wrote: »

I submitted my MCOL claim on Monday before I had read many of the threads, and now wish I'd held back for a day or two. As well as only putting in a very brief outline of my claim on the 'particulars claim' when I indicated I was claiming interest a template paragrah came up which had spaces for £charges and £interest and also sentence to the effect of 'also claim interst at a daily rate of xxx' In this space I put 8%, but having now looked at another thread I think this is wrong. Will this negate my claim if it is incorrect Also downloaded the judgement of recent LTSB case, did anyone understand what the judge was saying?? I'm really worried that if it goes all the way to court I'm going to be really stuck!

After posting this I was browsing the CAG forums for the first time and read one of their posts that seemed to indidcate that at the time that I claimed on MCOL I should have also posted a schedule of charges to Northampton County Court??? The more posts I read the more confused I get. I'm really scared of mucking this up as I'm doing this for my son, not me, and he really needs the money! Could anyone point me to a link with an 'idiot guide' to what i should be doing now?

jonun

nickmack wrote: »

It must take ages to type when you capitalise every word!!

With regard to your offer, I don't recall hearing of an offer so low in comparsison with the total claim. I would say that only the full amount is reasonable but it's up to you.

hi, im just browsing through & feel i should say something..
they havent capitalised every word..when they typed out their post it mustve been in capitals and when it gets posted on the thread it turns into small case lettering automatically but the the first letter remains in capital for some reason.

lindilou39

BSJWright wrote: »

OK, so I got a letter back from the court today. The Defence was that "the defendant has refunded all charges debited to the claimant's account since 16/04/01 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimant's account before 16/04/01 it is barred by virtue of the provisions of the Limitations Act 1980."

Does anybody know anything about this act, and how I can get round what they are saying? My initial request to the bank for statements was on the 16th December 2006, so I should be entitled to claim 6 years prior to that date, surely?

heh heh yeah I have....the limitations act means u can only go back 6 yrs..unless you can prove a time of concealment...I read summat bout this on CAG go check it out....you will find it....and its referred to lloydstsb customers who apparently can claim back up to 12 yrs....makes really interesting reading.....If my claim is successful i will be digging up the garage and getting my pre 2001 statements and claiming on those.

the fact that there is a concealment means its opened up the limitations act...

Lindi

dips1105

Hi,

I was thinking about reclaiming charges on my capital one card and barclaycard and my fiance's capital one card. All 3 accounts are with debt collecting agencies - what should I do?

Thanks

ste2505

Hi Simon 7685, i too am also battling Abbey for £5000, i was made a small offer of £875 but turned that down am now in the small claims process, abbey have filed an aknowledgement with the court and i have been told by the court that they have until 29th of this month to enter their defence. as yet i have not heard anything from Abbey i.e. another offer, so i assume they are going to take it thru the whole process, but i will not give up, they ruined my christmas last year by taking over £500 from my account in one month, putting me in a cycle of playing catch up and incurring more charges thru no fault of my own, if i have to defend my claim i am sure a judge would back me on that one. Keep fighting and let me know how you are doing with them.

archer5

I just want to Thank You Edinburghlass for your patience with us. same questions and fears - Lets just say i appreciate your perceverance e.t.c.

I'm being genuine in my praise for all you have and are still doing.