Reclaim Unfair Bank Charges article discussion Part II

emmalis

I wrote to Nationwide last June as i had been charged £2072.75 in a year in bank charges for returned direct debits/bounced cheques etc at £30 a go they wrote to me and explained that it was my responsibility to ensure there was adequate funds in my account and as a good will gesture they paid me £750 which hadn't appeared in my account after a month, after at least 3 phone calls the money finally appeared in my account. They have still charged me £30 a go this year so don't know if I should push my luck and try again for this years charges or not? Nationwide also charged me late fees & interest on my credit card even though I have an arrangement with them when I spoke to them they were going to try and arrange a refund which still hasn't appeared so will try to get this back too.22

When looking into this though with my mum we decided the template letter was a bit harsh and we composed a softer letter, still saying if we didn't get the result we wanted we would take the matter further also I think that having a baby under the age of 1 helped too as I explained that due to these charges I was going over my overdraft limit and wasn't able to feed her properly without help from family members.

monster1_2

can i get some money back ??off them

<TABLE class=tborder id=post5498248 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt2 width=125></TD><TD class=alt1 id=td_post_5498248><!-- icon and title -->yes car ?????
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Can some one help me and let me know if i can claim some money back, from yes car finance, as i bought a car from yes car i had a good job at the time. then got lung cancer. i ended up losing my job and that ment i couldent pay for the car, i have spoke to yes car they said i was two payments off being able to give them the car back for free.
They said if i give the car back asap they would be able to give me space to pay the other two payments,which is £650 but they didnt in the end. So they have had there car back but they still want the two grand that i owe them. (havent they used the car as a penalty as they now have resold the car)? But i still owe them two grand!!!
If not if i pay them the two grand dont they owe me a car ?? as i have payed £4200 for a car, that i now havent got. :rolleyes:

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I NEED SOME HELP !!!!

freestyleskier

monster1 wrote: »

can i get some money back ??off them


<TABLE class=tborder id=post5498248 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt2 width=125></TD><TD class=alt1 id=td_post_5498248><!-- icon and title -->yes car ?????
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Can some one help me and let me know if i can claim some money back, from yes car finance, as i bought a car from yes car i had a good job at the time. then got lung cancer. i ended up losing my job and that ment i couldent pay for the car, i have spoke to yes car they said i was two payments off being able to give them the car back for free.
They said if i give the car back asap they would be able to give me space to pay the other two payments,which is £650 but they didnt in the end. So they have had there car back but they still want the two grand that i owe them. (havent they used the car as a penalty as they now have resold the car)? But i still owe them two grand!!!
If not if i pay them the two grand dont they owe me a car ?? as i have payed £4200 for a car, that i now havent got. :rolleyes:


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I NEED SOME HELP !!!!

I'd suggest writing a general letter of complaint asking for the sale price of the car to be credited to the loan account (minus reasonable selling costs). If that is more than the £2000 then they owe you money. Otherwise you owe them a sum less than the £2000. If they don't agree then take the case to the Financial Ombudsman Service.

Twinkly

Originally Posted by stellaqueen50
Hi this is the first time I have used this site but have found it very helpful. I have been made an offer of repayment of bank charges made by Nat West which I am happy to accept,BUT they are statung that they will repay into my bank account I would prefer a cheque so that I can repay my overdrawn account myself.. DO i have to accep their method of repayment?

princesskez26 wrote: »

Yes you do, if there is any debt outstanding on the account in question they have the right to offset any money claimed against this debt,

Kez

Well....under certain circumstances they can. I am not contradicting Kez and just wish to add some more information. It depends on the account holders personal situation and whether the Right Of Set Off applies.

Have a read here it explains this right a bit more and how it can and cant be applied:

Right Of Set Off

Basically the amount must be due and payable. If the overdraft isnt in default in any way then you can try and challenge them taking any refund against the overdraft. It is also contrary to the Consumer Credit Act 1974 to demand a substantial repayment against a debt without first issuing a default notice.

Its a situation you should do a lot more research on if you wish to fight it and the Financial Ombudsman is your best bet for concise advice.

miko

Royal Bank of Scotland charges I'm claiming are £4079.72 inc interest They wrote 3/4/weeks back offering £2,216.00 which I refused by letter. They are now defending the case and its been moved from online to Lambeth court. Theyre solicitor has asked a lot of technical questions re contract etc and exactly when and what I was charged for, they have those details anyway, but I have to go thru them again and forward them the statement details before the case. The RBS sent another letter, today not admitting liability or error , but as a gesture of good will have offered £2,216, the same figure as before, I cant find the letter but I need to, because to my mind that is 2 letters offering less than half of the total. I think the fact that they have offered again indicates to me their defense may be on wobbley ground . RBS are currently charging £38.00 for going over overdraft, which is really excessive. My claim is not that there should be no charge, but that it should be realistic to their actual costs and not blatant excessive profiteering a lot reducing charges to £12.
I'm very much torn now! . Sometimes I feel that I should have gone for the first offer, now I have a second opportunity. I have a phone number to discuss the matter, I dont like using the phone because there is no record should I need one, although I have asked on other occasions, for things to be confirmed in writing.
Im tempted to proceed, on the other hand I'm not, Any thoughts anyone please?
HSBC have offered up a defense, but they dont appear at the moment to be too heavy!! ie no request for more information etc. the case has also been moved locally to Lambeth
The remortgage co SPML have admitted fault by not offering any defense at the hearing, and judgement is therefore against them. That was issued on the 25th May 07 and they still havent paid £989.95. Should I send in the bailiffs? Or use the other options to ttry and get the money out of them?
Again, any thoughts please?
Mik

blueboy2006

bank ; abbey
amount ; £1500
progress update

abbey have dragged their heels and i have had several standard letters saying that i should wait 4 weeks for them to investigate my complaint !!
in fact i have now filed an MCOL claim and am waiting for an acknowledgement or the next move from them,.
however in the meantime my account has had more charges added in the last 2 months of approx £250 my query is this . can i now make some moves to recover this new amount and in view of abbeys slow previous response should i go directly to filing a claim or through the complaints route ??
many thanks for the site and all the help already,. first time poster ""

pinky123_2

Hya

First time post so bear with me.

Sent 1st letter off to halifax 20th April and still have not received a penny, rang them again today asking whats going on and they keep fobbing me off. They did decline my offer saying that they are entitled to charge me for going overdrawn etc. she also said that the whole process has to be restarted all over again. im now not sure if there is anything else i should be doing other than waiting to hear from them.

general75

I'm just wondering how long it takes from 1st letter sent out to money in bank (obvious approx).
I'm in Lloyds TSB, I sent my letter out asking for statements on 30/4/7 then approx 5 weeks later recieved them, i added them up and sent them back 3 weeks ago. Do they always leave it right up to 40 days.
thing is i'm skint and they just keep charging more and more. same question as above.


Many thanks.

theozziend

Twinkly wrote: »

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

Well, well. I did as advised, and had a call today from a very nice chap. He was really helpful and said all he wanted to do was to find a solution that would help me. He said he knew nothing about my claim, but completely understood that if (when) I got my charges refunded, then I would be in a very different position. We agreed on £50 a month to bring down the over-overdraft, but that it probably would never happen! He said of course, he could not comment on my claim, but completely knew where I was coming from! When I said that the court date was 2 weeks today, he said "oh, imminent then". He has raised my overdraft limit to where it finished up last month in the meantime so that I would not get further charges!! As I said, I would only have had to add them to the amount I was re-charging. He was really nice, and even made a comment when I said that I had been trying to ring the litigation department and they never return my calls.

Newmoney_2

Hi there,

hope someone can help me - can I accept the partial offer the are payig me and claim the rest through court or FO?

Thanks!!!