Reclaim Unfair Bank Charges article discussion Part II

yar_2

MMMMMMM AND I CANT GETA REPLY TO MY QUESTION ? WELL I WILL TRY AGAIN AND IF I AM DOING SOMETHING WRONG MAYBE SOME ONE WOULD BE KIND ENOUGH TO TELL ME:beer:

I HAVE BEEN CHARGED A FEE OF £50 FOR NOT TAKING OUT INSURANCE WITH A FIRM CALLED CAPSTONE CAN THIS BE ADDED INTO MY RECLAIM CHARGE LETTER
RAY

Gayle06

Hi posted a question the other day but no advice given as yet please help!!!! RBS have written to me offering the full sum of my claim £940. However my account with them is overdrawn and currently with a debt collection company, although my account is still open and they have said that this money will be paid into my account. I am currently paying a monthly amount to clear this debt and I would like to receive the sum of £940 in the form of a cheque and they say this isn't possible. Do I have the right to demand that they send me a cheque, PLEASE HELP ME!!! Gaylexxx

dk67

dk67 wrote: »

I claimed via MCOL against Barclays abd they aknowledged the claim 2 hours before the 14 day deadline :mad:

I have today received a paper copy from Northampton Court saying the defendant now has 28 days to file a defence .....but.....this is the bit I am confused about...on the enclosed Acknowledge of Service the Solicitor has ticked the box 'i intend ti defend all of this claim'

Is this what I think it is --- a defence??

Please could anybody help asap ...this process and the situation that drove me to it is causing us untold stress.

Thankyou

PLEASE can somebody help with this query - still no replies:( and i'm confused!!!

Thanks in advance :A

sparky080703

Hi All, Sparky Again

I have just phoned Halifax and have asked for a breakdown of charge costs to be told it can take up to 40 days!! After spending 5 mins explaining that i didn't want my costs but theirs i was told this was confidential info and she didnt think they would release this information to me.
She said she could put it back into the system for a manager to look at again, and they could have up to 8 weeks to reveiw my case. I asked her to do that and said i would be sending another letter which gave them 14 days not 8 weeks and by law they only do get 14 days.

Somebody please confirm what i have said is correct, im starting to doubt myself!!!

Thanks Sparkyxxx

Twinkly

Simon7685 wrote: »

Thanks Twinkly

Nice to get some reassurance. I did hear that claims submitted with no schedule were being struck out which un nerved me a bit more, have you ever heard of this?
It baffles me how that could be, there is no way to do it when submitting online and no inference that you should forward one in addition!!
Your thoughts would be appreciated.
Thanks again
Simon

Have you at least received a copy of the banks defence ? It isnt uncommon for the AQ to be dispensed with but you should be informed by the court of this in writing. There isnt room on MCOL to submit a full list of charges so that isnt a worry. You would be required to take it to court with you as part of your court bundle and I assume you have already sent both template letters to the bank including the list with those anyway, so the bank are aware of precisely which charges you are claiming.

As I say, there is the possibility of backlog and the only way to find out for sure what is happening to you, in particular as opposed to anyone else, is to ring the court and ask them. They are helpful and since they are the ones dealing with the case they are the only ones who can tell you for certain. I would not worry unduly over it though and approach it methodically and logically. Dont worry that your claim has been struck out if you havent been informed. Dont worry about something that hasnt happened, basically.

sarahjane81

Clydesdale have now taken 86 days and still no statements.

But I have just found out from the information commissioner that they are not needed. If you have requested them and they are not forthcoming, call the Ombudsman on 0845 080 18000 (selection 3) and they will send a letter on your behalf complaining about "charges" on your account. This starts the 8 week time scale.

The bank must still send statements to you so you can verify amounts and you can still request interest.

Hope this saves people some time.

Twinkly

YAR wrote: »

MMMMMMM AND I CANT GETA REPLY TO MY QUESTION ? WELL I WILL TRY AGAIN AND IF I AM DOING SOMETHING WRONG MAYBE SOME ONE WOULD BE KIND ENOUGH TO TELL ME:beer:

I HAVE BEEN CHARGED A FEE OF £50 FOR NOT TAKING OUT INSURANCE WITH A FIRM CALLED CAPSTONE CAN THIS BE ADDED INTO MY RECLAIM CHARGE LETTER
RAY

The charge cannot possibly be for a service (since you arent getting one) and is almost certainly a penalty for not giving them the business. I would say yes, you should challenge it under the same procedure as bank charges and ask for a precise breakdown of the charge to justify its imposition.

Twinkly

Gayle06 wrote: »

Hi posted a question the other day but no advice given as yet please help!!!! RBS have written to me offering the full sum of my claim £940. However my account with them is overdrawn and currently with a debt collection company, although my account is still open and they have said that this money will be paid into my account. I am currently paying a monthly amount to clear this debt and I would like to receive the sum of £940 in the form of a cheque and they say this isn't possible. Do I have the right to demand that they send me a cheque, PLEASE HELP ME!!! Gaylexxx

That the amount owed to them is under a monthly agreement to clear it and is being paid is a factor. You can challenge the banks Right Of Set Off. Please see here for some more information on how this works:
Banks Right Of Set Off

Basically the amount they can set off must be due and payable. On the face of it, if you have it in writing that you are allowed to pay a set amount per month to clear the debt and those payments are up to date you can state to the bank that they dont have the right to retain the monies under the Right Of Set Off and must be refunded directly. I would advise to contact the Financial Ombudsman regarding this if you face any trouble over it as individual circumstances vary and you should check out fully the details of your own situation.

Good luck

Twinkly

dk67 wrote: »

PLEASE can somebody help with this query - still no replies:( and i'm confused!!!

Thanks in advance :A

Please stop worrying, stress does nasty things.

The banks are allowed 14 days to acknowledge a claim and state an intention to defend. This gives them another 14 days to actually defend, giving them a full 28 days to effectively stall eventual payout for as long as possible. They dont always defend and there is always the possibility that you will receive a settlement offer at some point now in the next 14 days or they will simply pay an amount into your account so watch out for it. If they actually issue a defence you will be sent a copy and possibly an AQ.

The way that claims are being dealt with by the courts varies from the point of a defence being submitted so the best advice I can give you right now is to stop worrying about what hasnt happened yet. If and when something happens deal with it methodically and calmly. Post on the forum if you need help and someone somewhere will have been through the same thing (or know about it ) and can offer help advice and support.

Twinkly

sparky080703 wrote: »

Hi All, Sparky Again

I have just phoned Halifax and have asked for a breakdown of charge costs to be told it can take up to 40 days!! After spending 5 mins explaining that i didn't want my costs but theirs i was told this was confidential info and she didnt think they would release this information to me.
She said she could put it back into the system for a manager to look at again, and they could have up to 8 weeks to reveiw my case. I asked her to do that and said i would be sending another letter which gave them 14 days not 8 weeks and by law they only do get 14 days.

Somebody please confirm what i have said is correct, im starting to doubt myself!!!

Thanks Sparkyxxx

What exactly are you asking them to do ? If you are asking them to provide a breakdown of their costs you will have a long wait. You will not get this information. They have successfully avoided having to go into a court to do it and certainly wont do it for you.