Reclaim Unfair Bank Charges article discussion Part II

oldandskint

refusal of offer letter

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Hi all

After my last post and finding that there is no template letter to refuse an offer we have typed the following and thought it may be useful to someone else - comments would be apprieciated.



MR *******

******
*******
*******
*******


15 June 2007




Dear Sirs


Account ****** Sort Code ****

Your ref: ******

I refer to your letter dated ***** recieved today, as per telephone conversation today I am writing to confirm that I feel that I can not accept your offer of £**** towards the total amount of our claim as full and final settlement.

As per telephone conversation I offered to negotiate a out of court settlement but this was refused being told that this is the full and final offer, I therfor feel that I have no alternative, than to proceed to court to reclaim the full amount including interest and court costs.

I also understand by the comments made to myself during the above telephone conversation that no other offer will be made, but if you wish to discuss this matter,
I am willing to accept an offer of £**** as full and final settlement regarding my claim, if this is made within the next 7 days.

Sincerely,




******

Let me know what you think

oldandskint

kome wrote: »

Hi everyone

I'm in a right pickle because I'm not sure what my next step is and don't want to do anything wrong in case I jeopardise my chances.

Here is my story with HSBC:

31st March 07 - Wrote to Canada Sq requesting list of charges

12th May 07 - no response so rang Service Quality Team - no record of my letter so they used this day as the start of the 40 day process

2nd June 07 - through this site, discovered that I could view statements on internet banking site do did just that

2nd June 07 - sent letter to Service Quality Team (SQT) with full schedule of charges, asking for £3,212 (inc interest) to be repaid

6th June 07 - received letter from SQT saying, "looking into matters", together with leaflet that says they have eight weeks to respond.

I've been with this bank for 25 years (my fault, I know), but I've had enough. They have been charging me £100 "notified fee" for going over my overdraft for just a few pounds. I'm fuming and as soon as I get my money, I'm leaving them.

The dilemma I have is should I wait the eight weeks for them to respond or should I take the MCOL route? I don't want to wait eight weeks so can I go straigt to MCOL? I hope that somebody out there will be able to give me your opinion. Thanks so much.

You should stick to your timescale not thiers - also bearing in mind that if you go the mcol route it still could take 8 weeks or longer or you could wait the 8 weeks and claim via fso. It's up to you. We have filed through MCOL and are now awaiting court date - started claim in April it has gone through quite quickly until now but we may not get a court date until at least sept.
It's a waiting game!

Good luck and stick at it you will win eventually.

Regards
OAS (Dave)

martyn1983_2

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Can someone please help?

Im at the stage of taking Abbey to court, im from Scotland so not sure how the process works. I dont know how to go about filling a claim, and do i write to Abbey when i have started the claim to let them know?

Any help would be appreciated

lindilou39

lisap wrote: »

Hello,
Sorry if this has been covered elsewhere or is the wrong place to post - I'm in the early stages of this process and my husband and I received our bank statements this week - however Natwest have only sent him statements going back to Oct 02 and my bank (RBS) have sent mine going back to July 03. I thought they had to send them for the last 6 years?
Thanks

Depends on how you asked for them...did you ask for all charges that have been applied to you accounts over the last six years or did you ask for statements?? Could be the case that you didnt incur any charges in the previous years?? Just a thought.


Lin

lindilou39

martyn1983 wrote: »

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Can someone please help?

Im at the stage of taking Abbey to court, im from Scotland so not sure how the process works. I dont know how to go about filling a claim, and do i write to Abbey when i have started the claim to let them know?

Any help would be appreciated

Martyn go and look at the reclaim help thread, It has info on people claiming in Scotland, all I know is that a claim in Scotland is maximum £750, I may be wrong.

Lin

TheOne

Got my £750 from LLoyds, about to send one last letter before court asking for the rest. I am just wondering how detailed does the list of charges need to be? I have printed the list from the bank charges calculator, and also entered the details into an Excel spreadsheet. Do I need to list what every charge is? ie:

[DATE] CHG O/DRAFT EXCESS FEE 90.00
[DATE] CHG UNPAID D/D 35.00

Simon7685

Twinkly wrote: »

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.

Hi again Twinkly

Yes I have the banks defence as do the court. I have followed all the steps correctly to the best of my knowledge. The cc ordered the transfer and dispensed with the AQ, this is not a problem. Obviously I now know I need to wait for the DJ at my court to decide whether or not a hearing is required and then get the date and prepare my bundle (which is already underway).

My concern is that that the DJ has the banks defence in b&w but nothing from me apart from the online application and POC therein. A number of people on CAG site have been saying that in this instance a number of DJ's are striking out the claimants case due to a lack of supporting evidence. I personally do not see how that could be because, as with myself I have not had the opportunity to present any evidence etc.

I hope this answers your questions on my claim a bit better and it would be good to hear your, or others thoughts on this striking out thing.

Cheers
Simon:)

finlay15

lindilou39 wrote: »

Martyn go and look at the reclaim help thread, It has info on people claiming in Scotland, all I know is that a claim in Scotland is maximum £750, I may be wrong.

Lin

hi

In Scotland Small claims maximum is £750, or you can use summary clause max limit £1500. I am going to use the finacial ombudsman as my claim is for more than £1500. I did consider splitting it , but seemed easier to got to FO.
Hope this helps

finlay15

hi

I am wondering if i have to wait for LLoyds to respond to my LBA before I file with FO. I sent the letter on the 22nd of May and as of yet had no reply. Tried phoning andover could never get through.

PLease help.

princesskez26

finlay15 wrote: »

hi

I am wondering if i have to wait for LLoyds to respond to my LBA before I file with FO. I sent the letter on the 22nd of May and as of yet had no reply. Tried phoning andover could never get through.

PLease help.

No, once the 14 days are up, reply or no reply file your claim, don't hang around for them you'll be waiting forever :rotfl: stick to your own timescales, stated in your letters

Kez