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Reclaim Unfair Bank Charges article discussion Part II

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  • advent
    advent Posts: 56 Forumite
    LauraG007 wrote: »
    Can I just check ....I am claiming against the Halifax with MCOL and have been told that if the bank have not submitted a defence by the 25th of June I can file for a judgement, im sure they will but if not I want to get the wheels in motion as early as possible so can I do this on the 25th or would it have to be the 26th?
    Thanks

    Hi Laura
    As I understand it the banks have till 4pm on the 28th day to file defence but you can't file for judgement till after midnight so you need to wait till the 26th. Personally I would leave it a day or so. I've heard that there can occasionally be some administrative hiccups if you file too early.
    Hope this helps. Good luck
  • codydog78
    codydog78 Posts: 50 Forumite
    LauraG007 wrote: »
    Can I just check ....I am claiming against the Halifax with MCOL and have been told that if the bank have not submitted a defence by the 25th of June I can file for a judgement, im sure they will but if not I want to get the wheels in motion as early as possible so can I do this on the 25th or would it have to be the 26th?
    Thanks
    the general advise is to wait 24hrs before you ask for judgement. banks now have a little habit of entering a defence at the last minute and then your resquest will be declined. it's worth remembering that it takes up to 24hrs for things to be changed on MCOL. so wait until the next day,
    halifax: settled paid £2622.18:j
    lloyds tsb: £1038.83 inc interest, but claim on hold.
  • Hi, first time I have actually registered on here.

    I have been quietly using all your template letters and follwing all your steps.

    Sent the three letters, thought I was getting nowhere. Got all the standard letters back "we think your charges are legal, we're not paying"

    Then, as I sat down to take them to court for £3,300, a letter appeared offering me £750. The next day a cheque arrived for that amount.

    I filed my court claim, heartened by their offer, and haven't cashed the cheque as the line said "please accept this cheque in full and final settlement".. is that right ???

    Anway, the claim was issued on the 12th june and as yet they have not responded, so I think I win £3,300 automatically next Tuesday .. :)
  • jamesdavey wrote: »
    Hi, first time I have actually registered on here.

    I have been quietly using all your template letters and follwing all your steps.

    Sent the three letters, thought I was getting nowhere. Got all the standard letters back "we think your charges are legal, we're not paying"

    Then, as I sat down to take them to court for £3,300, a letter appeared offering me £750. The next day a cheque arrived for that amount.

    I filed my court claim, heartened by their offer, and haven't cashed the cheque as the line said "please accept this cheque in full and final settlement".. is that right ???

    Anway, the claim was issued on the 12th june and as yet they have not responded, so I think I win £3,300 automatically next Tuesday .. :)

    Accept the cheque bank it and write to them and tell them that you accept the £750 as a good will gesture as part payment to your claim 'without prejudice' although you are persuing the courts for the remainder of the money owed to you. Lloyds usually acknowledge/defend last minute :rolleyes: they're known for it but I hope you slip through the net and
    can manage to win by default

    Good luck to you :j
    Member & fundraiser for Meningitis Research Foundation
  • jma39
    jma39 Posts: 6 Forumite
    I Wonder If Someone Could Help
    I Have Just Filed Claim With Mcol And Copied Martins Letter For Particulars Of Claim But Have Noticed That This Does Not Include Acount Number For Bank Account, So I Am Now Wondering If This Is Going To Mess My Claim Up.

    Many Thanks
  • SUGARSPICE
    SUGARSPICE Posts: 218 Forumite
    Anybody know the answer?

    Im claiming £1,272 from Capital One In Charges & £348.13 In Interest as worked out on Martins Calculator.

    Im trying to work out the Daily Rate for my claim.

    If Im claiming £348.13 in interest do I x this by 0.00022 = £0.27% Daily Rate?

    Answer needed tonight please & much appreciated ;) .
  • techspec
    techspec Posts: 4,464 Forumite
    jma39 wrote: »
    I Wonder If Someone Could Help
    I Have Just Filed Claim With Mcol And Copied Martins Letter For Particulars Of Claim But Have Noticed That This Does Not Include Acount Number For Bank Account, So I Am Now Wondering If This Is Going To Mess My Claim Up.

    Many Thanks

    I used Martins template for my first claim, and did not include the account number. It made no difference to the claim.

    I now use a mix of Martin's template and the CAG's, and do include account numbers, but i would not worry.
  • techspec
    techspec Posts: 4,464 Forumite
    SUGARSPICE wrote: »
    Anybody know the answer?

    Im claiming £1,272 from Capital One In Charges & £348.13 In Interest as worked out on Martins Calculator.

    Im trying to work out the Daily Rate for my claim.

    If Im claiming £348.13 in interest do I x this by 0.00022 = £0.27% Daily Rate?

    Answer needed tonight please & much appreciated ;) .

    The daily rate as a percentage is 0.0219%

    Your daily rate in pounds and pence is £0.28

    I assume you have put the '%' at the end by accident, in which case you were right - but i have rounded up, and you have rounded down.
  • techspec
    techspec Posts: 4,464 Forumite
    Robert_H wrote: »
    Does anyone else have the same problem?

    I wrote twice to Lloyds/TSB in February and March seeking details of charges/statements. Each time I had a letter back saying they will need at least 40 days. Finally in May I complained to the Information Commissioner. A letter was sent by the Commissioner to Lloyds at the end of May.

    Is there anything else I can do or can the Bank just continue to ignore the situation?

    I have wrote to them four times, and phoned three.

    I was just about to write to the information commissioner.

    Can't we take them to court for breaking the date protection act?
  • techspec
    techspec Posts: 4,464 Forumite
    It appears we can take them to court, but how do you put a figure on it? Its a farce, and LLoyds Tsb are ruling the courts and the dat protection act.

    http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html
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