Reclaim Unfair Bank Charges article discussion Part II

carcar_2

halifax have had 14 days to defend my claim via mcol, their time was up on monday - i keep trying to click the judgement but it says i am too early.
what do i do now ?

shaun_john00

I rang my court and they said they wont be sending a "Court Allocation Questionaire" to me as it is a Bank Charges Claim. Is this normal? Then I was told they were awaiting for the judges direction of order/order of direction( something like that.. cant remember the exact words).. help Martin..anyone?

cyberman_3

HarriettPotter wrote: »

My boyf has received a letter from LLoyds TSB solictors saying the bank will be defending as - the fees are properly incorporated into the contract with the bank and by making payments by cheque, debit card etc and going over the overdraft there are penalties as it is breach of contract blah blah yada yada.

However, they are asking him to telephone LLoyds TSB within the next 14 days to reveiw his account and they expect confirmation from the bank that this action as been taken.

I haven't heard about people getting this letter - can anyone shed any light?

HP

It is standard to say they are defending, what else can they do. However they used the word "penalties" and regardless of their terms, they are unlawful if it is more than the cost. You must ask them to give a full breakdown of what they describe as penalties. Rather odd for Lloyds TSB to actually use the word when all other banks are avoiding it !!!!

Why they want him to phone them to review the account is also odd. Then, for the bank to confirm this gets stranger and stranger. The simple fact is that you are claiming unfair charges and for that you have given them 14 days before you take action.
The solicitor has already admitted they are penalty charges so to placate them, phone the bank, make a note of the name of the person you speak to, the time and the date.
Just continue with the claim. If they appear in court (very doubtful) then ask the Judge for a full breakdown of the charges and point the judge to that part of the letter that states "they charge penalties"

evoix

mima2345 wrote: »

Bank: LLOYDS
Amount Claimed: £4206.15
Amount Won: £4475.01

This was hard work but so very worth it....I followed all the instructions on website. Then they put in a defence and I crumbled!! My husband talked me round, I submitted all info into court. Then I received 2 letters, the 1st which told me they were defending it blah blah and then I opened the 2nd and they were telling me they would settle in full plus costs. I was absolutely over the moon and proud of myself for going through with it all the way. The money arrived in the bank wednesday, clearing my overdraft. I intend now to keep the account open for now and keep within my overdraft limits so I don't have to go through it again. Its worth doing and keeping positive even when you've totally had enough of it all and want to give up. Thanks for all invaluable advice I have got from these forums.:j

Well done you.

Lloyds acknowleged my claim 30.6.7 & said was to defend. This morning 1 received the same 2 letters as you. I was left very confused, but they settle the full amount claimed + £7 more for interest, signed and faxed terms letter and sent by special delivery (guaranteed MOnday delivery). How long did it take for the money to be transferred to your account after you accepted the offer?:o :T

Edinburghlass_2

HarriettPotter wrote: »

My boyf has received a letter from LLoyds TSB solictors saying the bank will be defending as - the fees are properly incorporated into the contract with the bank and by making payments by cheque, debit card etc and going over the overdraft there are penalties as it is breach of contract blah blah yada yada.

However, they are asking him to telephone LLoyds TSB within the next 14 days to reveiw his account and they expect confirmation from the bank that this action as been taken.

I haven't heard about people getting this letter - can anyone shed any light?

HP

Several people have had this letter and one that I remember while they were with the manager, the manager phoned and got a settlement over the phone so it may be worthwhile making that appointment.

Edinburghlass_2

shaun_john00 wrote: »

I rang my court and they said they wont be sending a "Court Allocation Questionaire" to me as it is a Bank Charges Claim. Is this normal? Then I was told they were awaiting for the judges direction of order/order of direction( something like that.. cant remember the exact words).. help Martin..anyone?

Quite normal as they are trying to speed up the court process. You will next hear from the court with a date for your hearing.

Edinburghlass_2

carcar wrote: »

halifax have had 14 days to defend my claim via mcol, their time was up on monday - i keep trying to click the judgement but it says i am too early.
what do i do now ?

Read the post by Beate on the Reclaim Help Thread which you'll find linked in my signature.

smegs1978

Hello,
Wondering if someone can help?
I am claiming bank charges from Natwest on 2 accounts, 1 that was defaulted and closed, and is now with a debt collector and another that is still open.
When i win the money back from the banks do they have to put the money into the account i am claiming from or would it all go to the account with the debt.

axaman

good day every one

im new to this and my be in need of some help

i have sent out the all letters asking for my charges back with interest.
and i have started to fill out the n1 claim from. im looking for help to see
if i filled it out right


court

claimant

me


defendant
lloyds tsb bank plc
lancaster

brief details of claim



value

from start of claim 25/5/2007
£2611.00+interrest @8%=609.67 total=3220.67
plus court cost at £120


particulars of claim


can you tell me if this is ok to file with the court


many thanks for all your help axaman

lindilou39

loulou28 wrote: »

i have been going through the reclaim process with HSBC for £139.00 over 2 accounts one account owing £59.00 the other £80.00, my first letter sent dated 10th april 2007, i have finally received offers of refunds on both accounts the first they have offered me the full £59.00 which is fine and i have obviously accepted, the second they have offered me £25.00, the reason being that £55.00 of the £80.00 they say is out of date, the first 2 claims of £27.50 each were on 21 april and 21 may of 2001 which is 6 years ago, based on my original letter dated 10 april 2007 these claims are in date, however HSBC seem to be basing the six year rule on the date that they finally sent an offer through being 26 june 2007, stating that this offer is in relation to all charges placed on my account upto and including 22 june 2007(although my claim was posted in april) my question is when does the six years end, when i first claimed or when they decided to pay out?, is this just a way of getting out of paying the full amount?

if you issue a claim in court say on 6th july 2007 you can claim back as far as 6th july 2001...basically what solicitors say to clients is....if you have had alot of charges from july - sept...then get your claim in quick because the limitation act is closing in ...

Lin