Reclaim Unfair Bank Charges article discussion Part II

agnes_2

hello Edinburghlass and Twinkly, remember me?? I was so grateful for your help on here I wanted to bring you up to date with my case. I have spent a lot of time over on the CAG at the moment sorting out what I need for my case which is on 14 August at Cardiff court. I have emailed the Barclays Litigation team, person handling my case, Sharon Daboul, who says that she is currently looking into the merits of cases with hearing dates in late July. This sounds promising? although I cannot understand how decisions to pay or not to pay, can be based on 'merits' of cases, are they not all the same in that they are unlawful penalty charges ??

Twinkly

advent wrote: »

Any thoughts anyone?

Capital One will do everything they can to avoid paying what is rightfully yours. I am having personal dealings with them at the moment and they are flouting the law quite deliberately in my case. They wont get away with it but be aware that they do try.

A settlement was either accepted as full and final or it wasnt. You need to read up as much as you can to fight this action and I have seen something similair happen in the Capital One thread on this site. I'd advise to take a look through the thread for ideas on how to proceed as it may get really complicated knowing how they operate.

Capital One Thread

Good luck

Twinkly

Agnes wrote: »

hello Edinburghlass and Twinkly, remember me?? I was so grateful for your help on here I wanted to bring you up to date with my case. I have spent a lot of time over on the CAG at the moment sorting out what I need for my case which is on 14 August at Cardiff court. I have emailed the Barclays Litigation team, person handling my case, Sharon Daboul, who says that she is currently looking into the merits of cases with hearing dates in late July. This sounds promising? although I cannot understand how decisions to pay or not to pay, can be based on 'merits' of cases, are they not all the same in that they are unlawful penalty charges ??

Hi Agnes thanks for the update

They are all pretty much the same in that they should be paid without fuss. However the banks stand to lose a lot of money if they do it in every single case without fight. They will simply try and put as many people off as they can by whatever methods they can. It really is a case of being tenacious, knowing the law regarding the matter and presenting your case properly that wins through.

It looks like you have all bases covered and are at the final hurdle so I wish you luck and hope to read of your settlement acceptance on the Success thread soon

Twinkly

debbiecurtis1612 wrote: »

I have reclaimed all of my charges from Nat West Bank. Only sent 2 letters and they settled for a total of £3300.

I started a Barclays one a month before and have got to the stage where they have now defended it with the court. I have been reading about court bundles and am now really scared. What goes in this bundle???? Wish I hadn't taken the court step action now! Really unsure of what I am doing. If anyone can help, please, I would be really greatful.!!!!!

These two threads will help you:

Court Bundle Checklist - MSE Forum

Court Bundle Checklist - CAG Forum

Try not to panic too much and prepare your bundle calmly and methodically. You may well receive a settlement anytime soon and not have to attend court. Good luck

Twinkly

Banbury-VS-Barclays wrote: »

It would seem that they can still file an acknowledgment even after 14 days !, my judgment was rejected and acknowledgment filed on 17th July.

Do I now just wait for a defence to be logged and a court date to be set ??

Pretty much yes. Be aware that acknowledgment and stating an intention to defend doesnt neccessarily mean they will actually defend though. It can be used as a stalling tactic simply to make you wait and get stressed out about it all. Keep your cool. A copy of their defence will be forwarded to you if they do actually defend and you can take it from there.

On the other hand, you may well receive a settlement offer soon. Good luck

titisu

i am new on MSE.
my username is titisu.

i am in th london mercentile court on friday with LTSB on behalf of my son.

there is a charge on the statement that says 'TRANSACTION AND CHARGES'. can we claim for this?
i donot understand what it means.
lloyds say, it is for transaction + charges. but we had not had the card since 2003, when the bank withdraw the facilty.
<TABLE class=tborder id=post cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_>please help me.
we have a closed LTSB visa card.
closed from 2003, yet even in march this year, there were charges. we had no payment plan.
thank you,
sukai

does your statement have the words "TRANSACTION AND CHARGES" please? can this be reclaimed?
that is how they have written it in our statement.
they also changed the card without our knowledge!
thank you



</TD></TR></TBODY></TABLE>

mufc36

hi , ive gone thru all the template letters regauding bank charges & im now at acknowledgment of service from halifax bank. notice of issue was 2nd july, deemed served on 7th july & they had until 21st july to reply.got a court letter today, 18th july saying halifax acknowledgment of service has been filed & they have 28 days to defend. does that include sat/sun or just working days?? also up till now ive not had a letter/phne call offering a full/partial settelment. should i phne them or just wait till they file a defence and i get a court date??? help...

Twinkly

KittyBoo wrote: »

Can anyone help out with this one please as I don't know what to do to make a start on it?

I am giving this advice on the assumption that a court claim hasnt already been filed, in that there is still plenty of time to deal with the matter and you arent restricted by court deadlines.

Their letter means that there are certain charges you can and cannot claim for on a business account. The procedue is slightly different to that of current account charges.

You can claim unlawful charges from business accounts and the thread on this site is here:
MSE Business Account Thread

The business account thread on this site contains a lot of recommendations to go to the Consumer Action Group site for detailed information on business accounts so you may wish to use those threads for advice and help. You need to register but it is free and the business account thread on that site is here:
CAG Business Account Thread

You will need to ensure that you arent claiming for anything other than those you are entitled to. If you arent sure that you have claimed properly then I would write and advise that you are reviewing your claim and will respond in due course. They may close this original complaint but there is nothing to stop you making another one and them having to deal with it. Take your time

It also means that they will not pay the costs of a 3rd party acting on your behalf such as those no-win-no-fee firms/vultures floating around. Since you are dealing with the claim yourself this is irrelevant but fills up space in the letter and looks offical and scary.

Their advice about claiming Total Charges highlights the fact they must be itemised and it is their responsibility to provide a concise breakdown so you can check if you can claim any component. Use their terminology in your letter and write ' Given that Total Charges compromise a number of various charging components which must be split out and itemised for the purpose of the claim I will require your concise breakdown of said charges.'

You can review your claim and resubmit it when you are absolutely sure of everything you can claim for and can back up the claim with the relevant proof. Dont worry, it hasnt failed at this point, it just needs refining and a bit more communication with the bank. Good luck

Twinkly

titisu wrote: »

i am new on MSE.
my username is titisu.

i am in th london mercentile court on friday with LTSB on behalf of my son.

there is a charge on the statement that says 'TRANSACTION AND CHARGES'. can we claim for this?
i donot understand what it means.
lloyds say, it is for transaction + charges. but we had not had the card since 2003, when the bank withdraw the facilty.
<TABLE class=tborder id=post cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_>please help me.
we have a closed LTSB visa card.
closed from 2003, yet even in march this year, there were charges. we had no payment plan.
thank you,
sukai

does your statement have the words "TRANSACTION AND CHARGES" please? can this be reclaimed?
that is how they have written it in our statement.
they also changed the card without our knowledge!
thank you



</TD></TR></TBODY></TABLE>

Someone with a Lloyds account may be able to help you further tonight but since I am posting at the moment I dont want you to think I am ignoring your problem. I would advise you to contact the bank in writing and state that you require them to provide a breakdown of precisely what the Transactions + Charges are supposed to be.

Twinkly

mufc36 wrote: »

hi , ive gone thru all the template letters regauding bank charges & im now at acknowledgment of service from halifax bank. notice of issue was 2nd july, deemed served on 7th july & they had until 21st july to reply.got a court letter today, 18th july saying halifax acknowledgment of service has been filed & they have 28 days to defend. does that include sat/sun or just working days?? also up till now ive not had a letter/phne call offering a full/partial settelment. should i phne them or just wait till they file a defence and i get a court date??? help...

Timings for MCOL can be found in the Reclaim Bank Charges Help Thread, post thanks to Beate, here:
MCOL Timing

You can try ringing the bank to see if they wish to settle but get any offer in writing and do not withdraw the court claim until the money has actually been paid. At this point you are entitled to the full amount & costs and are entitled to claim interest so I wouldnt settle for less.