Reclaim Unfair Bank Charges article discussion Part II

tezl

as long as you used martins calculator the amount should be right.

Edinburghlass_2

dips1105 wrote: »

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

You can claim but be aware any monies refunded are likely to go towards the debt accounts.

Edinburghlass_2

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!

Give MCOL a ring in the morning regarding the 8% interest bit and fill in the long version of the POC and send to MCOL along with your list/spreadsheet of charges.

Edinburghlass_2

tony101 wrote: »

hi all,currently in the process of claiming £3600 from lloyds tsb,at the stage now where lloyds have acknowledge claim and are going to defend so just waiting now for a+q from local county court(newport,gwent).anyway started claim back in feb and in april received letter of lloyds saying that after investigating my account that they owe me an apology and refund.they said that one of the benefits of my account(gold service)was an interest free zone within my overdraft(£300 o/d facility)but they did'nt set this up,so i have paid interest and charges when i should'nt have.they then said to "put things right quickly"we will give you a refund of interest and charges of £369.52 into your account by april 27.do you think i should report this to the financial ombudsman or banking ombuds man purely because im getting a bit angry with them over the amount of time they are taking with my claim,any replys would be greatly appreciated.....thankyou

I don't think you should report it purely because you are angry but you certainly could report this once your claimed has finished.

The tricky bit might now be that the bank may dispute some of your charges as they have refunded some.

katy3

phoned RBS today regarding a letter i recieved today which concerned me as it made it look that they had 8 weeks from date of letter to respond. But anyway blah blah the person i spoke to obviously knew i phoned because of the bank winning, they said dont worry you will get your money, an offer letter will not be out till 22nd, 23rd may i cannot wait

nonk

i have headache neckache and sore eyes from searching for an answer. can someone please advise.
as my son is in the royal marines and away from home, i am claiming on his behalf.
this makes the whole process more difficult due to the data protection act.
my prob is, he has been offered £1000 of a £1700 claim. this would have been very acceptable if the cheque was being sent to him personally. but not barclays they will only pay it into the acc which they closed.
this acc is now in the hands of debt managers ltd.
is there a way around this,i wondered if i gave the option of taking them to court for the full amount. or accepting the £1000 if they were willing to send the cheque to him and not paying it into the debt managers.
anyone else out there had any luck with this one.
many thanks to anyone who picks this up. a tired mum with a hard working getting there debtfree wannabee son. 1 year since he walked away from barclayland. and not a late or missed payment since

jayneg_2

Can anyone help - getting a little confused now! My hearing - NatWest - 4 July. I know I have to send court bundle which is all correspondence between me and NatWest/Solicitors, bank charges and court docs but just reading a thread on CAG and they give example of court bundle index which includes loads of paperwork with cases details, FSA information etc. Does this all have to be included? Im concerned that if this does go to the hearing, the judge might ask me something to do with these cases and I wont know! What EXACTLY do you say to the judge on the day when he asks the question why do you consider these charges unfair/unlawful? Do I need to know the legal jargon to answer this question. Im concerned because I think after the Lloyds ruling the other day, more and more courts will take this right up to the hearing with a defence. Would really appreciate any help as have to have my court bundle in next week. Anyone out there at the same stage as me? JG

minchkins

JAYNEG I am also waiting For My Court Date , Applied For Refund Of £4,297.50 Plus Costs And Interest. Am Interested To See What Advice You Are Given As I Am Now Thinking Of Starting My Court Papers. Should I Find Anything Of Interest I Will Let You Know Via This Site. Good Luck

cyberman_3

jayneg wrote: »

Can anyone help - getting a little confused now! My hearing - NatWest - 4 July. I know I have to send court bundle which is all correspondence between me and NatWest/Solicitors, bank charges and court docs but just reading a thread on CAG and they give example of court bundle index which includes loads of paperwork with cases details, FSA information etc. Does this all have to be included? Im concerned that if this does go to the hearing, the judge might ask me something to do with these cases and I wont know! What EXACTLY do you say to the judge on the day when he asks the question why do you consider these charges unfair/unlawful? Do I need to know the legal jargon to answer this question. Im concerned because I think after the Lloyds ruling the other day, more and more courts will take this right up to the hearing with a defence. Would really appreciate any help as have to have my court bundle in next week. Anyone out there at the same stage as me? JG

JAYNEG
On a previous post I showed this. http://www.dti.gov.uk/consumers/buyi...ons/index.html

Unfair Terms in Consumer Contracts Regulations
The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually negotiated in a consumer contract is unfair (and hence non-binding on the consumer) if, contrary to the requirement of good faith, it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer.

Under the Regulations, the Office of Fair Trading (OFT) has an obligation to consider any complaint made to it about the fairness of any contract term drawn up for general use. OFT may seek assurances and, if necessary, injunctions against those using terms which it considers to be unfair. Certain other named bodies are also empowered to seek injunctions against unfair terms.

>>>>> non-binding on the consumer
Anything that can be used in Court to back your case must be used.

THE LAW IS THE LAW --- PERIOD.

The judge in the Lloyds TSB issue clearly was unaware of the law and hopefully he will be pointed in the right direction in future.

By the way, have you asked Natwest for a breakdown in their penalty charges ?
If they ignore you, you ask the Judge the same.

They are not allowed to make a profit on penalty charges. If they do, they are breaking the law and as such the amounts are un-enforceable.

It's the question the banks fear ...... the judge in the Lloyds TSB case did not ask this question, how could he, Lloyds were not present. So, it could be a good thing if they do go to court because the same question can be asked.

Another point is that the banks are changing their terminology and are calling these service charges. They were warned by the OFT not to do this.
Regardless of the name THEY chose, it can still be stated that their contract is unfair

shaza100

i have written to barclays asking for over £2,000 in bank charges after 10 days have recieved letter saying they are looking into my claim and will contact me with a update on there progress within 8 weeks . do i have to wait or do i take it further now? any help would be greatly recieved
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