Reclaim Unfair Bank Charges article discussion Part II

codydog78

ok, here's the phone number for the customer services manager with the halifax. he's the one who sorts out the payments when the bank has decided to settle (without admitting liability hahahahahah). his name is Jim Kerr and it may be worth speaking to him

01422 326513

cyberman_3

I have gone as far as taking my bank to court, but I have received a defence from them, along with a letter from them asking me to send them a breakdown of all charges being claimed, which they have had with all the letters I have sent them. Do I need to send a copy of my letter back to the bank to the court ?

Also they are stating in their defence that I have been calling them Yorkshire Bank, when in fact they are the Clydesdale Bank trading as the Yorkshire Bank, does it matter that I have put Yorkshire Bank ?

You say on the web site that I now have to fill in a Court Allocation form and send it to the court. Where do I get this form from ?

Thanks
Sue Pegg

Sue,

If your statements and everything related is The Yorkshire Bank then that's who you are dealing with. WHAT A WEIRD DEFENCE ?

Nevertheless, if you have sent them a full breakdown of what you are claiming already you should not have to do it again. Placate them and send copies RECORDED DELIVERY.

It should be you who is asking the questions.

Explain how you calculate your charges

We all know what Yorkshire Bank costs are from the BBC Whistleblower
WATCH VIDEO
http://www.youtube.com/watch?v=ex1CfVrFHSQ

Martyn_Bov

I have two claims for accounts held with HBOS, I have had the standard reply that you charges are fair and reasonable blah blah.

I have a couple of problems that I need cleared up before i go any further.

I live in england and all my correspondence from HBOS comes from the Halifax address, the phone calls I have made have been to call centres run by Halifax employees but my account is with the Bank of Scotland, do I claim through MCOL in England or use the sheriff court system in Scotland?

The second problem is my first account claim is for £4437, and interest of £742. Which totals over £5K, which is above the small claims threshold, do I still claim through this or not??

Is there anybody out there that can help a confused man in need????

cyberman_3

Martyn_Bov wrote: »

I have two claims for accounts held with HBOS, I have had the standard reply that you charges are fair and reasonable blah blah.

I have a couple of problems that I need cleared up before i go any further.

I live in england and all my correspondence from HBOS comes from the Halifax address, the phone calls I have made have been to call centres run by Halifax employees but my account is with the Bank of Scotland, do I claim through MCOL in England or use the sheriff court system in Scotland?

The second problem is my first account claim is for £4437, and interest of £742. Which totals over £5K, which is above the small claims threshold, do I still claim through this or not??

Is there anybody out there that can help a confused man in need????

Hi Martyn Bov

If your dealings with Halifax derive from England then you are subject to English Law.

There answer "charges are fair and reasonable" OOPS they left off the word transparent "!!! is as you say blah blah blah.

You must ask them for a breakdown and calculation of these charges.

Regarding the total amount which exceeds the £5K limit. Just go for the £4437 and when you win, which you will, ask the court for the statutory interest plus costs.

LozBingley

theozziend wrote: »

As I say in an email at the bottom, I have had my court date for weeks. Barclays have made no attempt to make me a better offer. Should I be worried? Perhaps they think they have something on me. I am claiming charges levied for going over overdraft limit and bouncing direct debits, plus interest. It amounts to £4,600 at the moment, shortly to be increased with the later charges. I am getting seriously worried. If I don't get my charges back, there's a good chance I may be in serious financial difficulties because the charges have escalated so much. Each month they are putting me further and further into the mire. If it doesn't get settled in July my credit rating is going to be very dire indeed. They are responsible for doing this! How can they take almost £200 from your account every month. It's wrong:mad:

have you tried ringing them on 020 7116 1943 quote your claim number and ask for the name and direct dial of the person dealing with your claim.

Sorry for late reply

Martyn_Bov

cyberman wrote: »

Hi Martyn Bov

If your dealings with Halifax derive from England then you are subject to English Law.

There answer "charges are fair and reasonable" OOPS they left off the word transparent "!!! is as you say blah blah blah.

You must ask them for a breakdown and calculation of these charges.

Regarding the total amount which exceeds the £5K limit. Just go for the £4437 and when you win, which you will, ask the court for the statutory interest plus costs.

Thanks Cyberman,

I have just one more quick question in relation to your reply, when I get to the Moneyclaim stage, which will now undoubtly happen, what is the procedure for the Particulars of the claim, would I leave the paragraph out regarding the statutory interest or leave it in? And enter the £4437 charges as the claim total?

I take it from your reply that there is an option once a claim has been won to ask for the interest back as well?

Sorry just want to make sure everything is as solid as possible.

cyberman_3

Martyn_Bov wrote: »

Thanks Cyberman,

I have just one more quick question in relation to your reply, when I get to the Moneyclaim stage, which will now undoubtly happen, what is the procedure for the Particulars of the claim, would I leave the paragraph out regarding the statutory interest or leave it in? And enter the £4437 charges as the claim total?

I take it from your reply that there is an option once a claim has been won to ask for the interest back as well?

Sorry just want to make sure everything is as solid as possible.

HI, as far as I am aware when you win, you can then ask the judge/court for the interest and costs

Edinburghlass_2

cyberman wrote: »

HI, as far as I am aware when you win, you can then ask the judge/court for the interest and costs

Wrong, if you are filing your claim via MCOL or indeed at your local court you must start your claim by asking for the interest.

Martyn Boy, please read the Reclaim Help Thread where you'll find the wording for your POC, also links to threads such as Questions about MCOL and read the FAQ on MCOL. Follow the instructions carefully on how to fill this in as its important that you do it correctly.

Edinburghlass_2

theozziend wrote: »

As my court date approaches, could I just ask for guidance on what the court "bundle" is . What I have sent to Barclays litigation and the Court are :

An excel schedule produced by me from my statements, stating individual dates, amounts and reasons for charge.

The interest calculator copy

All letters sent to, and received back from, Barclays

I was not asked to complete the questionaire.

I am contemplating downloading the Barclays "admission" video onto my laptop to take with me, but not sure about this one. What does anyone think?

Is there anything I am missing please? I really don't want to be adjourned as I am going on holiday on the Saturday following my court hearing, and it would be such a loan off my mind if it were over.

Many thanks.

Have you followed the check list at CAG for the Court Bundle? The link is in Martin's article and you'll find a thread on here marked Check List for Court Bundle. Follow the tried and tested route and you will be alright, I don't think a judge will be impressed by a video on a laptop tbh.

kayla

hello people, i have reclaimed my charges through the FO and finally won ( £4195 in total ). recieved my final letter from the FO this morning stating that they have asked the bank to contact me directly to finalise the matter. however they also say this could take about four weeks. i dont want to wait this long for my money. is there a number i can call to finalise this any quicker?