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Reclaim Unfair Bank Charges article discussion Part II

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  • lindilou39
    lindilou39 Posts: 927 Forumite
    roysal wrote: »
    Have received court date and request for the additional £100 as allocation questionnaire has been dispensed with.

    The Notice of Allocation indicates that we must deliver to every other part and to the court copies of all documentation - this is the court bundle I believe. It then goes onto say that we mustfile with the court and the other party a signed witness statement, no problem, except that it says that it must not be a bundle of relevant documents then further down it says that you should attach any relevant documentation - which is right, and also is there any set format for a witness statement, does anyone have a link, or shall I do what the letter says and imagine I am writing a letter to a friend.
    you just answered your own question...it says to supply relevant documentation to your claim...i.e your AQ plus statement of charges...it goes on to say must not be a bundle of relevant documents...i.e that will be your bundle if it goes to court..


    Lin
  • mel-mel_4
    mel-mel_4 Posts: 16 Forumite
    Unless you can prove that the interest charged is purely on bank charges you can't claim that. Please read the Reclaim Help Thread, linked in my signature as to what you can and can't claim.


    SO WHAT DO I DO NOW?
    ITS HALIFAX CREDIT CARD CHARGES. SHOULD I FILE IT WITH THE CORRECT AMOUNT TO MCOL
  • monster1_2
    monster1_2 Posts: 16 Forumite
    i need some help with prepared case to court :eek:

    i dont now what to do all 3 banks look like thay going all the way
    so i need to no how and wot to say thanks :eek:
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    mel-mel wrote: »
    SO WHAT DO I DO NOW?
    ITS HALIFAX CREDIT CARD CHARGES. SHOULD I FILE IT WITH THE CORRECT AMOUNT TO MCOL

    I think you need to check your claim carefully and make sure its accurate before you file with MCOL. As its a credit card you can claim back over-limit charges and late payment fees. Put each charge into the Interest Calculator and this will give you an up to date interest figure that you can claim.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    monster1 wrote: »
    i need some help with prepared case to court :eek:

    i dont now what to do all 3 banks look like thay going all the way
    so i need to no how and wot to say thanks :eek:

    First of all you need to have a court date and directions from the court before you worry about to say. Read the relevant thread to your banks and see how other users are progressing with their claims.
  • andy31uk
    andy31uk Posts: 7 Forumite
    I sent a claim to my bank for about £700 relating to unauthorised overdraft fees. They wrote back to me saying that I am not due a refund as the charges were for arranging tempory overdrafts, not default charges. When i received letters from the bank saying that they were charging me, they stated it was because i have gone over my limit.

    What do i do now?:confused:
  • cyberman_3
    cyberman_3 Posts: 230 Forumite
    andy31uk wrote: »
    I sent a claim to my bank for about £700 relating to unauthorised overdraft fees. They wrote back to me saying that I am not due a refund as the charges were for arranging tempory overdrafts, not default charges. When i received letters from the bank saying that they were charging me, they stated it was because i have gone over my limit.

    What do i do now?:confused:

    This is an overdraft within an overdraft. You will have already agreed a limit with the bank. What you need to ask is WHO authorised the so called temp overdraft as YOU DID NOT. You require a full breakdown of how they calculate their charges.

    Which Bank is this Andy ???
    The Winner Takes it All
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    andy31uk wrote: »
    I sent a claim to my bank for about £700 relating to unauthorised overdraft fees. They wrote back to me saying that I am not due a refund as the charges were for arranging tempory overdrafts, not default charges. When i received letters from the bank saying that they were charging me, they stated it was because i have gone over my limit.

    What do i do now?:confused:

    You have written proof that they are unauthorised overdraft charges and penalties for exceeding your limit. You need to be aware that they will not pay up unless that absolutely have to and will call those charges anything under the sun to avoid paying them.

    There is little point arguing the point back and forth with the bank ad infinitum and you should now proceed with the next step in the process. I am assuming you have only sent one letter requesting refund so your next step is the LBA (letter before action).

    Good luck :)
  • andy31uk
    andy31uk Posts: 7 Forumite
    cyberman wrote: »
    This is an overdraft within an overdraft. You will have already agreed a limit with the bank. What you need to ask is WHO authorised the so called temp overdraft as YOU DID NOT. You require a full breakdown of how they calculate their charges.

    Which Bank is this Andy ???

    Its Lloyds TSB. The charges are definalty unauthorised O/D fees as the standard charge letters stated that and they charged me for every day it increased!
  • andy31uk
    andy31uk Posts: 7 Forumite
    Twinkly wrote: »
    You have written proof that they are unauthorised overdraft charges and penalties for exceeding your limit. You need to be aware that they will not pay up unless that absolutely have to and will call those charges anything under the sun to avoid paying them.

    There is little point arguing the point back and forth with the bank ad infinitum and you should now proceed with the next step in the process. I am assuming you have only sent one letter requesting refund so your next step is the LBA (letter before action).

    Good luck :)

    I didnt think that it was worth contacting them to argue the point as you mentioned. I did send them an offer letter "without Prejudice" of course, offering to settle for a reduced amount stating they must replay in 14 days, but the 14 days have passed with no response!
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