Reclaim Unfair Bank Charges article discussion Part II

Banbury-VS-Barclays

Decided not to accept partial offer made by Barclays.
Telephoned them today, but was told that would be the only offer made to me.
Have now filed with MCOL.

Lets see what happens now !!!

SUGARSPICE

TechSpec

Here Goes:

The Claimant has an account (xxxxxxxxx) with the Defendant.Opened in Sept 2001.

Between (22/10/01 First charge) and (25/06/07 If I submit it today) the Defendant debited numerous charges from the Claimants account.

The charges are an unfair penalty under The Unfair Terms in Consumer Contracts Regulations 1999,because they are a disproportionately high sum in conpensation compared to the cost of the proported breach.

Under Section 69 of the County Courts Act 1984,the Claimant is entitled to interest of 8% per annum from the date they were first deprived of the money.This totals (£348.13 Which is interest as calculated with Martins Calculator),accuring at the Daily Rate of (0.021%) until judgment or payment.

The Claimant asks the court to enter judgment in their favour for (£1,272) plus interest,totaling (£1,620.13).

The End.

Do I have to state about claiming back the Court Costs of £120 aswell?

You have been very patient with me,Thank you very Much.

SUGARSPICE

Tech Spec

I missed a bit:

Under the law of penalties,the charges are an unlawful extravagant penalty.

NSOC

Plz Can Any One Help Me Im Looking To Use Companys Who Reclaim Back Bank And C/c Charges Can Any One Give Me Any Advice On This And If They Have Used One Who Has Gain A Result Sucssfully.

Twinkly

NSOC wrote: »

Plz Can Any One Help Me Im Looking To Use Companys Who Reclaim Back Bank And C/c Charges Can Any One Give Me Any Advice On This And If They Have Used One Who Has Gain A Result Sucssfully.

If I wanted to bark I would just go ahead and do it. I wouldnt go and buy a dog.....

My advice, dont bother. Do it yourself with help and support from this site and others. Everything you need is at your fingertips on the world wide web so why throw money away ????

techspec

SUGARSPICE wrote: »

Tech Spec

I missed a bit:

Under the law of penalties,the charges are an unlawful extravagant penalty.

The Claimant has an account (xxxxxxxxx) with the Defendant, Opened in September 2001.

Between 22/10/01 and 25/06/07 the defendant debited numerous charges from the Claimants account.

The charges are an unfair penalty under The Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach. Under the law of penalties, the charges are an unlawful extravagant penalty

Under Section 69 of the County Courts Act 1984, the Claimant is entitled to interest of 8% per annum from the date they were first deprived of the money. This totals £348.13, accruing at the Daily Rate of 0.021% until judgment or payment.

The Claimant asks the court to enter judgment in their favour for £1,272 plus interest, totalling £1,620.13.

I have corrected a few spelling mistakes, including purported & accruing, so it may be easier to copy and paste mine. Check it over yourself first though. You will probably have to remove the spaces, as it won't fit.

There is no need to mention the £120.

When putting the amount claimed on MCOL, it is £1620.13. You include the interest so far. Make sure you press recalculate, to ensure that the correct costs appear.

p.s. Any other members spot any mistakes, please point these out NOW!

SUGARSPICE

TechSpec

Thank you so so much for your help.Will let you know how I get on.Hopefully it wont be until I win & I post my Win on the Success Story Forum.

Youve been great.

But watch out! I might be around asking questions about the different stages of the court claim (he he he).

sgauthier

Hi,
I had to start a moneyclaim against HSBC as they didn't reply to me in the specified time scale to reclaim my bank charges. About two weeks later I got a letter from Customer complaints offering a settlement which I wrote back and accepted. Just after I sent this letter back I got a letter from the county court saying our case had been moved to a local court and that HSBC were defending the claim. THe settlement letter stated they would pay the money into my HSBC bank account within 14 days of receiving my acceptance but they haven't. It is now about 20 days. What do I do next?? Do you think there might be some cross over between their solicitors and customer complaints?? If it still goes to court will I have to pay charges?


THanks

Does anyone else have any ideas about this???

Thanks

Twinkly

sgauthier wrote: »

Hi,
I had to start a moneyclaim against HSBC as they didn't reply to me in the specified time scale to reclaim my bank charges. About two weeks later I got a letter from Customer complaints offering a settlement which I wrote back and accepted. Just after I sent this letter back I got a letter from the county court saying our case had been moved to a local court and that HSBC were defending the claim. THe settlement letter stated they would pay the money into my HSBC bank account within 14 days of receiving my acceptance but they haven't. It is now about 20 days. What do I do next?? Do you think there mighyt be some cross over between their solicitors and customer complaints??

Thanks

You're best to let the court claim go to conclusion unless you negotiate with HSBC to settle your costs too. At this point you are entitled to them and to claim interest also. You will need to think about the losses you may incur in settling for less.

Good luck

sgauthier

Thanks for that, I have been sat waiting for the money to go in and was a bit worried when I got the letter from the court!!!!

THanks again :eek: