Reclaim Unfair Bank Charges article discussion Part II

BANKBANDIT_2

Hi
Im off on holiday on the 30th july for three weeks, i want to start mcol for batclaycard claim but im bit worried about things happening whille im away due back on the 20th aug.
Should i start claim now or can i wait till i get back or will it be too late to continue with claim then . ive already won with nationwide and cap one but i was home then and able to sort out letters and stuff. do barclaycard always acknowlege if this is the case then i can start claim as i will be back within the 28 days
any advice would be great

Bluebelle72

Can I do it? It is overdrawn by about £1,600 I have changed banks as per CCCS advice as I needed help with debt and Barclays fell into that non-priority debt mark, so I do not actually bank with them anymore. Now I reckon Barclays owe us about £300-£400 in charges and we could do with that extra money what with a new baby coming. But when we win the charges back, how do we stop them from paying it towards the overdraft. we already have an arrangement through CCCS to pay so much each month? Will they pay me by cheque if requested or must I attempt to close the account that is overdrawn if so how do I go about that? Any help greatly appreciated.
Regards Helen xx

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ozzyhol

HELLO. I AM CHASING BARCLAYS AND HAVE REACHED THE STAGE OF HAVING WORKED OUT MY CHARGES AND INTEREST; I RECEIVED A LETTER OFFERING ME £1050 AS A 'GESTURE OF GOODWILL' OUT OF THE BLUE. I REPLIED THAT AS BARCLAYS TOOK £1450 OF 'UNLAWFUL CHARGES' FROM ME IN 2000, WHICH I CAN NOT CLAIM, AND AS I HAVE BEEN WITH THEM FOR 30+ YRS, THAT THE CLAIM FIGURE I WAS MAKING OF £1549, IT WAS NOT UNREASONABLE TO CLAIM BACK £1500.
I RECEIVED A LETTER TODAY (19 JULY ) STATING THEY HAD CONSIDERED MY REQUEST BUT WERE DECLINING IT AND WOULD I LIKE TO TAKE THE £1050 OFFER. THEY STATE "THE OFFER IS IRRESPECTIVE OF THE AMOUNT OF CHARGES APPLIED TO MY ACCOUNT, THE OFFER IS A GESTURE OF GOODWILL". WHAT ARE THEY SAYING???
MY QUESTION IS: IF I TAKE THIS TO COURT WILL THE DATE FOR THE SIX YRS START MOVE FORWARD TO THE DATE OF THE HEARING, THUS LOSING ME MONEY IN 2001. ALSO IS IT WORTH ME GOING TO COURT FOR £450; IS THE RISK FACTOR WORTH TAKING? THANKS

Bluebelle72

ozzyhol wrote: »

HELLO. I AM CHASING BARCLAYS AND HAVE REACHED THE STAGE OF HAVING WORKED OUT MY CHARGES AND INTEREST; I RECEIVED A LETTER OFFERING ME £1050 AS A 'GESTURE OF GOODWILL' OUT OF THE BLUE. I REPLIED THAT AS BARCLAYS TOOK £1450 OF 'UNLAWFUL CHARGES' FROM ME IN 2000, WHICH I CAN NOT CLAIM, AND AS I HAVE BEEN WITH THEM FOR 30+ YRS, THAT THE CLAIM FIGURE I WAS MAKING OF £1549, IT WAS NOT UNREASONABLE TO CLAIM BACK £1500.
I RECEIVED A LETTER TODAY (19 JULY ) STATING THEY HAD CONSIDERED MY REQUEST BUT WERE DECLINING IT AND WOULD I LIKE TO TAKE THE £1050 OFFER. THEY STATE "THE OFFER IS IRRESPECTIVE OF THE AMOUNT OF CHARGES APPLIED TO MY ACCOUNT, THE OFFER IS A GESTURE OF GOODWILL". WHAT ARE THEY SAYING???
MY QUESTION IS: IF I TAKE THIS TO COURT WILL THE DATE FOR THE SIX YRS START MOVE FORWARD TO THE DATE OF THE HEARING, THUS LOSING ME MONEY IN 2001. ALSO IS IT WORTH ME GOING TO COURT FOR £450; IS THE RISK FACTOR WORTH TAKING? THANKS

Don't take them to court take it to the ombudsman you are 100% guaranteed to win if you go to them, see martins thread on how.

advent

Bluebelle72 wrote: »

Can I do it? It is overdrawn by about £1,600 I have changed banks as per CCCS advice as I needed help with debt and Barclays fell into that non-priority debt mark, so I do not actually bank with them anymore. Now I reckon Barclays owe us about £300-£400 in charges and we could do with that extra money what with a new baby coming. But when we win the charges back, how do we stop them from paying it towards the overdraft. we already have an arrangement through CCCS to pay so much each month? Will they pay me by cheque if requested or must I attempt to close the account that is overdrawn if so how do I go about that? Any help greatly appreciated.
Regards Helen xx

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Hi Helen
I think that the banks are entitled to pay refunds back into a/cs to pay against outstanding balances. I'm not sure that you can close your a/c with an overdraft still outstanding but at least it will be £300-400 less you'll have to find in the long run. If I'm wrong I'm sure someone will say.
Best of Luck

Bluebelle72

Here is the link for the thread hope it helps, see "going to the ombudsman" http://www.moneysavingexpert.com/reclaim/bank-charges

Twinkly

rosier wrote: »

have just got list of charges back from abbey after sending them request and ten pounds but have only sent me charges up to april 2006 and i feel i have had many in the last year any suggestions as to where to go from here

Abbey took to sending out their details in three stages to cope with the high demand and this is how I received mine. The first stage will be the last 18 months or so usually as copy statements. The second stage will be a table of charges neatly laid out in columns showing what charges were made by name and giving totals at the bottom. Dating on this will probably overlap with the ones up to 2006 and should go back to 2004(ish) so check each set to be exact. The drawback to this table version is that they arent dated by day and only by month. You can always use your statement date for the particular month as a means to calculate interest though. The third stage is all your details that will have been deciphered from microfiched (stored) records and will go back to 2001. They arrive as a stack of listings for you to trawl through but are easily readable.

You should receive the first stage details (copy statements ) soon but might have to ring Abbey and chase them up.

Twinkly

BANKBANDIT wrote: »

Hi
Im off on holiday on the 30th july for three weeks, i want to start mcol for batclaycard claim but im bit worried about things happening whille im away due back on the 20th aug.
Should i start claim now or can i wait till i get back or will it be too late to continue with claim then . ive already won with nationwide and cap one but i was home then and able to sort out letters and stuff. do barclaycard always acknowlege if this is the case then i can start claim as i will be back within the 28 days
any advice would be great

There is no time limit on filing a court claim.The timescales in the letter templates are simply to show the courts you have given the banks ample oppertunity to settle your claim before taking it to court. They are a minimum time you should allow and the maximum is entirely up to you.

You can always send a final letter offering to settle for the full amount exclusive of interest and costs, as an additional tactic, giving 28 days for them to reply. If I were you I would go on holiday, come back refreshed and receive their reply. If it isnt satisfactory you can start MCOL then. There's no rush and you are in control.

elliott1982

Hi can anybody help me??
Iv just recieved a letter from the courts saying "A Notice of case management conference"
Its does not say anything about the court bundle?but gives me a list of things to answer,and that it needs to be in 7 days before the hearing on the 4th of october!

Can any body help me with this,as it says "no later than 7 days prior to the hearing, a completed case management information sheet in accordance with CPR59 should be filed with the court"

has anybody elese had this from the courts?Im fighting HSBC by the way

bristolrovers

Simon7685 wrote: »

Hi

Can anyone give me any advice?
I started my claim in March 2007. Last Friday I received a copy of the banks defence (from the bank themselves). MCOL states defence received effective 13/04/07 and I can go no further with my claim online. To date I have received nothing in writing from the court. Does anyone know how long this usually takes?

Also can anyone advise me as to what I should take along to the hearing once it is happening?

My bank is Abbey and the amount I am trying to reclaim is £2704. If anyone else is battling Abbey or sucessfully done so please get in touch so we can compare and maybe help each other along the way. It is quite un nerving to think that the average Joe Bloggs is taking a massive company to court!!!

Thanks very much

My claim has been rejected from abbey and i am thinking of taking them to court how is your claim going