Reclaim Unfair Bank Charges article discussion Part II

LozBingley

Eddie-Bear wrote: »

Hi,

I'm new on here but have been reading stuff from MSE for ages and am in the process of trying to reclaim charges.

However, it is now 41 days since they received my letter asking for my bank charge history and I've got nothing yet. I tried ringing yesterday (days 40) and today (day 41). Generally i got nowhere, but today I was told that the information I requested didn't come under the Data Protection Act so they didn't need to stick to the 40 days. (they did say that the stuff went in the post on the 21st - it's now the 26th and there's still nothing).

That just got me mad, so I did what some people suggested and messaged the bank on their own site from 'My Messages on e-banking.' I also got annoyed enough to send an official complaint to the Info. Comm.
Anyway, thats been posted, so please don't tell me not to do it!!!!

I was also told on the phone that the bank has an 8 week policy for replying to letters saying that legal proceedings are going to be started. I'm assuming that is just playing for time as Martin-Money-God-and-Friends say to stick to your own timetable, not theirs. Is this right???????

Hope someone can help. And does everyone have visions of appearing in court, losing and having to pay up thousands? Or am I with everyone else who knows diddly-squat about legal stuff.

Thanks.

And P.S. Does anyone know why, or even if, the Info. Comm. Office is going easy on the banks for breaching our rights under the Data Protection Act?
Surely the law is the law - would a hotel escape being shut down by environmental health on the grounds that their usual cleaner is sick but will be back in next weekend and the rats can wait till then?????

If you contact the Information Commissioner <- click for link
and fill in the on-line complaint form and the bank will send you the statements in under a week

hewplay

Hi
I am not sure if this is the right place or if anyone can help??
I have today recieved a letter from the court saying it is a general form of judgment order
This states that i need to file and serve on the defendant a schedule setting out each charge of which i claim repayment, together with an explanation of the basis on which i claim that each charge is unlawful or any other basis on which i claim repayment.

what i need to know is do i just send the solicitors a copy of the bank charges and thats it or do i need to send a court bundle??
And do i need to send the judge a copy?
Is there a letter anywhere that explains why the charges are unlawful i thought i had seen one somewhere but i cannot seem to find it now

Thanks

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theozziend

Hi everyone, I have just had some new tactics, to me, from Barclays. On Monday, following advice on here, I phoned the solicitor allocated to deal with my claim to ask if they were going to turn up at court as I am just about to post my bundle out, I have not had a response to the voicemail message (surprise, surprise). However, when I got home yesterday evening, there was a very different type of letter from Barclays, demanding immediate payment into my account of the difference between the current balance, which is over my overdraft limit, and my limit. Failure to do so would result in non payment of direct debits, cheques, and the removal of my connect card and a black mark against my future credit rating. The letter was splashed all over with red capital letters - quite intimidating. I tried to ring the number given for help, and was kept hanging on for 20 minutes, at which point I was cut off! These jokers have had £5000 of my money, which I am truly hoping to be reimbursed in Court on the 16th July. Is this a scare tactic as the date is fast approaching? Pehaps they think that if I am really worried, which I am, they can make me a derisory offer and I will accept it. What should I do? I am tempted to pay the difference off on my credit card, but if I don't win my case, I am even further in the poo! Please help. :eek:

nini1981

Hi sorry if this is the wrong place to post this but i need some help.
It's a stupid question really but i wanted to check that when i writing the letter to HSBC to ask for copy of charges/statements do i make the cheque of £10 out to HSBC BANK PLC???
Told you it was silly!!!

Edinburghlass_2

You could save yourself the £10 and download your statements online with HSBC and get them a whole lot quicker but if you decide to send the cheque, then yes HSBC is correct

nini1981

Thanks for the quick reply - if i download them will I have to print them all out or do i just go through them all and list every charge made then send the letter asking for that amount???
Sorry if i'm being thick!

Twinkly

theozziend wrote: »

Hi everyone, I have just had some new tactics, to me, from Barclays. On Monday, following advice on here, I phoned the solicitor allocated to deal with my claim to ask if they were going to turn up at court as I am just about to post my bundle out, I have not had a response to the voicemail message (surprise, surprise). However, when I got home yesterday evening, there was a very different type of letter from Barclays, demanding immediate payment into my account of the difference between the current balance, which is over my overdraft limit, and my limit. Failure to do so would result in non payment of direct debits, cheques, and the removal of my connect card and a black mark against my future credit rating. The letter was splashed all over with red capital letters - quite intimidating. I tried to ring the number given for help, and was kept hanging on for 20 minutes, at which point I was cut off! These jokers have had £5000 of my money, which I am truly hoping to be reimbursed in Court on the 16th July. Is this a scare tactic as the date is fast approaching? Pehaps they think that if I am really worried, which I am, they can make me a derisory offer and I will accept it. What should I do? I am tempted to pay the difference off on my credit card, but if I don't win my case, I am even further in the poo! Please help. :eek:

My advice would be to write and advise you are aware this is a retaliatory action for reclaiming your charges and to offer a monthly amount to pay off the overlimit at a rate you can afford. You can always advise they will be paid in full on settlement of your court claim and it is in their best interests to settle the matter at this point.

Given that your court date is so near it is a viable option to use your credit card to pay it and then reimburse the card with your refund but I wouldnt do so until it is absolutely necessary. Do not take their threatening letter as their last word on the matter and write to them discussing options. This will at least give you more time. If it is their final response that it must be paid then use the card. There is little chance that you will lose your claim if you have followed the procedure laid out on this site.

Good luck

mel-mel_4

SUCCESS STORY WITH A TWIST
My success story is all detailed today however I got another £30 bank charge today for going over my overdraft by under a pound. Can i and should I claim back? I have had half the money in my account and should have the other half by tomorrow morning.
What can i do? SHould I leave it?

---

Bank: Halifax
Amount claimed: £2094
Amount paid: £1710

01.05.07 Statements requested
08.05.07 First letter sent to halifax
14.05.07 1st Refusal letter
16.05.07 Second letter sent to halifax with partial offer
20.06.07 Called halifax after no response. Spoke to Graham & 0845 number
26.06.07 Noticed strange cash payment of £855
Spoke to Graham and haggled for £2000
got £1710 after some good advice!!!!!!!!!!!!!!!!!!

I wasn't quite sure where this was going. I managed to get the chrges all paid back but without interest. the way i see it, half a loaf is better than none and I am well chuffed. Persistence pays off people. Without it we all won't be here. I plan to use the money to pay off what i owe. Keep at it people and don't let rejection deter you.
Special thanks to Martin lewis. Without you, this would have never been possible!!!!!!!!!!!!
I am so pleased :j :j :j :j :T :T :T

Mel

---

Twinkly

mel-mel wrote: »

SUCCESS STORY WITH A TWIST
My success story is all detailed today however I got another £30 bank charge today for going over my overdraft by under a pound. Can i and should I claim back? I have had half the money in my account and should have the other half by tomorrow morning.
What can i do? SHould I leave it?

---

Bank: Halifax
Amount claimed: £2094
Amount paid: £1710

01.05.07 Statements requested
08.05.07 First letter sent to halifax
14.05.07 1st Refusal letter
16.05.07 Second letter sent to halifax with partial offer
20.06.07 Called halifax after no response. Spoke to Graham & 0845 number
26.06.07 Noticed strange cash payment of £855
Spoke to Graham and haggled for £2000
got £1710 after some good advice!!!!!!!!!!!!!!!!!!

I wasn't quite sure where this was going. I managed to get the chrges all paid back but without interest. the way i see it, half a loaf is better than none and I am well chuffed. Persistence pays off people. Without it we all won't be here. I plan to use the money to pay off what i owe. Keep at it people and don't let rejection deter you.
Special thanks to Martin lewis. Without you, this would have never been possible!!!!!!!!!!!!
I am so pleased :j :j :j :j :T :T :T

Mel

---

You know what you can do and whether to leave it is up to you. A quick phonecall to customer services might resolve the situation quickly

Edinburghlass_2

nini1981 wrote: »

Thanks for the quick reply - if i download them will I have to print them all out or do i just go through them all and list every charge made then send the letter asking for that amount???
Sorry if i'm being thick!

Go through them and list the charges as per the "basic guide" post in the Reclaim Help Thread which is linked in my signature. You may need to print out the statements at a later stage should your case go to court.