Reclaim Unfair Bank Charges article discussion Part II

DotingDad

deedeedee wrote: »

It took quite a while for me to receive my bank statements and charges list from Abbey - I therefore impatiently sent off my letter for last years charges and then a seperate one for the 5 years previous.

however, my initial letters have not been responded to and for last years charges I am at the 'take to court' stage but the 5 years previous I am only at the 'threat of Court' stage

should I wait and start court proceedings altogether or do seperate ones? One is for £980 and the other for £1500.

Please advise I dont want to do one and not be able to claim back the other

thanks

I had a similar situation and started by submitting two separate claims.

I have received the sorry you are complaining 4 weeks letter on both and a "goodwill Gesture" on one.

I have now sent the letter before court action and consolidated the two claims into one and reworked the interest.

I have also written accepting the "goodwill gesture" as partial payment without prejudice but informing that I will continue to claim the remainder.

The reason for that is if (when) we hit the court I only have one fee to pay. I will also argue that I am trying to cooperate and take pressure off an overloaded system by consolidating my two claims into one.

My advice, for what it is worth, is wait and consolidate the two into one. It will be easier for you to track too.

Good luck!

hookys1

christym wrote: »

:beer: BANK LLoyds TSB
reclaimed £2244.31
bank paid £2244.31

Did the 1st 2 letters (templates from this site). They answered each one saying not interested. Went through moneyclaim online. No response from bank, so entered a judgment by default. Still nothing... Left it a week for them to pay and then tried to call bank. (lines busy surprise surprise!!). Faxed them a letter this pm saying if money not in bank by end today would issue a warrant. Checked at 4.30 pm and IT'S IN!!!!!!!!
It only took 8 weeks from sending 1st letter to getting my money!!

Thanks to martin and his website for giving me the confidence to do this.
The husband and i are choked we are that happy and grateful.

stick with it all you reclaimers!!!!

hi there christym
who did you send fax off to and what was the number gunna have to try this on monday:beer:

tezl

can someone please post the right letter to refuse offer and say i am carrying on with courts. thanks

jayneg_2

cyberman wrote: »

JAYNEG
On a previous post I showed this. http://www.dti.gov.uk/consumers/buyi...ons/index.html

Unfair Terms in Consumer Contracts Regulations
The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually negotiated in a consumer contract is unfair (and hence non-binding on the consumer) if, contrary to the requirement of good faith, it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer.

Under the Regulations, the Office of Fair Trading (OFT) has an obligation to consider any complaint made to it about the fairness of any contract term drawn up for general use. OFT may seek assurances and, if necessary, injunctions against those using terms which it considers to be unfair. Certain other named bodies are also empowered to seek injunctions against unfair terms.

>>>>> non-binding on the consumer
Anything that can be used in Court to back your case must be used.

THE LAW IS THE LAW --- PERIOD.

The judge in the Lloyds TSB issue clearly was unaware of the law and hopefully he will be pointed in the right direction in future.

By the way, have you asked Natwest for a breakdown in their penalty charges ?
If they ignore you, you ask the Judge the same.

They are not allowed to make a profit on penalty charges. If they do, they are breaking the law and as such the amounts are un-enforceable.

It's the question the banks fear ...... the judge in the Lloyds TSB case did not ask this question, how could he, Lloyds were not present. So, it could be a good thing if they do go to court because the same question can be asked.

Another point is that the banks are changing their terminology and are calling these service charges. They were warned by the OFT not to do this.
Regardless of the name THEY chose, it can still be stated that their contract is unfair

Thanks so much for this. Do I print this off and quote if the judge asks for confirmation of why claim being brought? I havent asked NatWest for breakdown in their penalty charges. Should I do this before sending my court bundle next week and put a copy of the letter with bundle? Nat West still have plenty of time to answer as court hearing not until 4 July. Cheers! JG

jayneg_2

minchkins wrote: »

JAYNEG I am also waiting For My Court Date , Applied For Refund Of £4,297.50 Plus Costs And Interest. Am Interested To See What Advice You Are Given As I Am Now Thinking Of Starting My Court Papers. Should I Find Anything Of Interest I Will Let You Know Via This Site. Good Luck

Thanks for that. Im terrified of getting this bit wrong and just feel it in my bones that NatWest will take this one all the way to hearing! Need to know what to say to judge when get there! Bit frightening eh!

jayneg_2

Twinkly wrote: »

The CAG court bundle is very precise and covers all eventualities. If the banks turned up at court to defend the claims you would need a lot of ammunition to fight the bank effectively and the information you would need is included in the CAG bundle. It certainly wouldnt hurt to have it to hand to refer to if neccessary. The key is not to worry about what might or might not happen and to simply ensure you have everything you need just in case.

Try not to worry too much it isnt always so aggressive in court. You will probably be one of many cases heard that day and so the pressure isnt as great as you might think. This post shows what happened in court in a claim against Barclays and is very reassuring about the process.
Top thanks to OP showmethemoney! for her post.
http://forums.moneysavingexpert.com/showthread.html?t=393532

Also remember that the 4th July is a good while away yet. You may receive an offer of settlement well in advance of that date. Good luck

Thanks Twinkly. I know the 4th a way off yet but started to think about it now so well prepared. I just got to thinking what if on the day the judge says basically so why are you here!! I need to tell him why the charges unfair and wasnt sure about the wording for this but so many people have responded with threads to look at. Thanks and good luck to everyone going through the process. JG

jayneg_2

Sorry this not success story but just wandered if anyone who has succeeded went as far as sending court bundle. If so, can you confirm EXACTLY what went in this. Is it just correspondence, court papers, schedule of charges or did you include cases which have been won? Thanks for any help JG

missc_3

hookys1 wrote: »

hi there christym
who did you send fax off to and what was the number gunna have to try this on monday:beer:

hi Hookys1 - they paid up on me yesterday full amount after my letters i faxed that i sent you - also paid up today on my friend who got judgment on 9th and sent letters same as me

did you send the ones i sent you? - i then rang them up asking when id be paid (solicitors) they said 5 days took girls name and sent a 2nd letter (this was yest - thurs) and came home yest and money was in account.

look on lloyds thread - letters are on there as i posted them on

gab55

Hi

Wondering if anyone can help?, i have recently settled with Lloyds Tsb for full amount, but they appear to have credited my account today, then taken it back out again!!!!!!!!!!!!!, absolutely furious as i now cant speak to anyone about it until monday as it is being dealt with by the recovery unit.
Has this happened to anyone else, or know of anyone else?

Thanks

fox_cottage

Could someone tell me if when you have given the 14 day deadline but have not stuck to it because either they have not replied so you hang on a bit hoping for a reply or wait while they investigate, if that will affect any court action, will I have to issue another 14 day letter. A bit worried that i don't come out of process, does anyone have any exoerience of this
Thanks