Reclaim Unfair Bank Charges article discussion Part II

Time_goes_by

dk67 wrote: »

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

Thanks in advance :A

Barclays have 28 days from the date you issued proceedings with MCOL to
deliver their defence. They don't usually give defence, so if by the due date they haven't you can press the judgment button on the MCOL site.
haven't you press the judgment button.

sparky080703

Twinkly wrote: »

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.

Yes i am asking them for a breakdown of their costs as they have declined my complaint for a refund, surely this would go in my favour if i do reach court as i have asked them to provide me this info and they dont want to play. Can they have 8 weeks to review my case or can i stick to the 14 days on the "threaten court" letter?

dk67

:beer: Twinkly and time goes by -

Thankyou for this really helpful answer - it explains it all clearly.

and i will definately stop stressing about it now:rolleyes:

appreciate your time

Jayneo_2

Jester wrote: »

Hey Jayneo,

I may well see you at Cardiff County Court then as my court date for my showdown with First Direct is also on 14th August !!

Hiya Jester - could do with some help on this and you sound clued up. Fancy swapping stories/meeting up or just generally giving each other support??:T :eek:

jen1972_2

jrobinson4 wrote: »

Fashion World Catalogue
Amount Claimed: £265.76
Amount Paid: £265.76

Can't believe it!! Sent letter requesting statements on 5th May, 1st request letter on 18th May, received a reply saying they weren't interested so sent letter before action on 24th May. Received a cheque this morning for full amount. Can't believe it was that simple and straightforward.

Thank you Martin!!!

can you let me have fashion worlds address for my neighbour please as she has a BIG score to settle cheers in advance;)

boozysuzy1

What about Business bank account? Have put in a claim but been told that the Unfair Complaints Tearms Act doesn't cover Business accounts (sole trader). Are they just trying it on or doesn't it apply to business accounts? Hope someone can help!

charliesmum_2

aKickInside wrote: »

BANK: NATIONWIDE

AMOUNT OWED: £2023.78
INTEREST: £420.03
COURT FEES: £120

PAID OUT: £2563.81 15/06/07


Well good old Nationwide took it all the way, putting in a defence but settling a week later. No need to go to court.

Total time to win took around 4 months but well worth the wait.

Well done Martin and everyone out their who refuses to be bullied. For those of you still waiting, hang on in there!!!

Victory for the little man!

Question for you: I have taken Nationwide to the wire, and they put a defence in on Monday stating that they denied my claim. I am waiting for the paperwork from the court, but did you get notification from the Nationwide, or did they just slip the money in your account? I am getting really worried that I won't get the money back at all!!

Jen_Jen_4

Hey everyone,

Can anyone help me? I want to reclaim my bank charges from HSBC, my overdraft got completely out of hand, and i ended going over it so i got charged, my wages would go in and bring it back within the limit but then the charge would leave my account and take it back over. In the end i had my wages go into another account as i couldn't withdraw my wages to pay for other bills meaning i was falling behind on them. I got defaulted and my account was handed over to a debt collection agency. I have paid it all off now but i am wondering if i can still claim them back even though my account is closed.
Any advice would be most appreciated!
Thanks x x

Twinkly

sparky080703 wrote: »

Yes i am asking them for a breakdown of their costs as they have declined my complaint for a refund, surely this would go in my favour if i do reach court as i have asked them to provide me this info and they dont want to play. Can they have 8 weeks to review my case or can i stick to the 14 days on the "threaten court" letter?

Ok firstly they can have 8 weeks to review your claim for refund. They are allowed this time under rules laid down by the Financial Services Association and if you eventually wish to take your complaint to the Financial Ombudsman you must allow this time. If you dont wish to do that and wish to use the court route then all you need do is show the court you have given the bank ample oppertunity to settle your claim. The template letters allow a minimum of 28 days, if you stick rigidly to the timescales, to do so and so is perfectly adequate. You can take either course of action with the complaint and demand for refund.

With regard to disclosure of their actual costs you are extremely unlikely to be able to obtain these figures. You can ask but you wont get. A request for full disclosure will form part of the Particulars Of Claim at court level and to settle the entire claim in full the bank needs to turn up at court. The simple fact is, for the vast majority of cases (thousands) , they dont and so nobody gets disclosure.

I would not press for these details or hold any hope of getting them. I would concentrate on getting my refund settled and the most appropriate way of doing so. The choice of Financial Ombudsman or court is down to you. Good luck

Twinkly

boozysuzy1 wrote: »

What about Business bank account? Have put in a claim but been told that the Unfair Complaints Tearms Act doesn't cover Business accounts (sole trader). Are they just trying it on or doesn't it apply to business accounts? Hope someone can help!

Yes thats true, business accounts are governed by different legislation and the charges you can reclaim are named differently but there is nothing to stop you 'revising' your claim without any admission of error The thread for business account advice on this site is here:
MSE Business Account Thread

However the thread on this site contains a lot of recommendations to go to the Consumer Action Group site for detailed information on business accounts so you may wish to use those threads for advice and help. You need to register but it is free and the thread on that site is here:
CAG Business Account Thread

Good luck