Reclaim Unfair Bank Charges article discussion Part II

MPG_2

cyberman wrote: »

As they will not produce the statements, your option is to tell them that they are knowingly prohibiting your riights for this information and you will bring this to the attention of the court.

Regarding the Lowell Group, tell them the same and advise them not to make further contact until they provide this information.

I've had dealings with Lowell and they are a nasty lost. Be as tough with them as they'll be with you.

Good luck

leachio

i too was at court and TSB had a rep there, slightly different as i couldnt attend as i am now in New Zealand. Also i hadnt copied their solicitors with particulars of claim as i didnt know who they were and had recieved no correspondance since i was told that they had defended the claim.

The judge gave the sols 3 weks to respond to the charges and case to be rescheduled infront of same judge in 6 weeks.

Had a letter offering $1915 of my $3200 claim and they say that i have claimed for some charges i am not entitled to?? Overdraft fee and overdraft interest.

I amn going to accept but it could be that they are actually thinking of attending more often??

Carman777

anitamel wrote: »

sucess with Abbey
claimed £2503
settled for £2354
i had to go down the 'going to court' route. got to the defence logged by them along with a standard 'we'll win but as a goodwill gesture will pay you 65% £1900, less however much more we can deduct ' letter. i was going to accept this and then i read the result of another abbey winner who said to ring them and suggest a figure you would accept. this i did {you must insist you need the legal dept as it is going to court} i said the least i would accept 80% of my final figure [£2900+ with interest and court costs] 95% of my original claim. she rang me back within 10 mins accepting. i would probably have got it all but i'm quite happy with this amount. THANK YOU to Martin for this web site and especially to Abbys disgruntled employee who told me to reclaim the charges and told me about this site. DON'T give up!!the little man in the street can win and things like this really can happen to YOU!! NOT just other people.

Hello Anitamel:
Just to say that I'm at the defence stage with Abbey as well. I've read a lot of messages but I still felt a little concerned about whether I should settle for what seems like the mandatory '65%'. Now that I've read your post, I'm not going to let them settle for less than £500 short of the amount which is still quite a chunk. You've really motivated me! Thanks.

very_happy_bunny

I have just been offered an out of court settlement for the full amount claimed.
I am going to accept this and wondered when to let the court know as I was expecting to have to go to court in September.
Should I tell them I am going to accept or just tell them after I have accepted?
I am sorry if this message is in the wrong place but I couldn't figure out where to post this.

Edinburghlass_2

I've popped your post up here so it doesn't get lost. Wait until you actually have the money before letting the court know that you have settled and wish to close your case.

Harrybaby

Hi need help!

I have done everything as suggested on this site, letters sent at the right intervals, MCOL and finally court allocations. I have 3 cases all against the abbey all at roughly the same stage. All 3 were sent to different courts although I have requested they are transfered to my nearest court. My biggest claim (£4500approx) was sent to St Albans and today received the following :

Before DISTRICT JUDGE FIELD :

IT IS ORDERED THAT :

1.The claim be stayed as it makes no serious attempt to comply with
CPR 16.4(1) by setting out a concise statement of the facts.
(Stylised particulars do not constitute compliance.) The Claimant must
amend or substitute the particulars of claim by setting out the case and
by including details of the charges complained of, how they are calculated
and in what circumstances they were incurred.

The Claimant should note that sending copy correspondence and/or copies
of bank statements will not suffice.
The Claimant has until 4th August 2007 to comply with this order.
In default the claim be struck out without further notice.

2. The Claimant is to pay the allocation fee by 4pm on 27th july 2007 and
in default the claim shall stand struck out without further order.

ANY SUGGESTIONS OR HELP WILL BE APPRECIATED.

<!-- / message --><!-- edit note -->

Edinburghlass_2

You need to pay the £100 allocation fee and read this thread in particular post 120 by Rex_Mundi and follow the instructions in that post.

http://forums.moneysavingexpert.com/showthread.html?t=415574&page=5

Harrybaby

Thank you Edinburghlass. Just the help I needed. Thank you.

Edinburghlass_2

blinxster wrote: »

Barclays Bank: 3,718.00


Filed against Barclays beginning of may using moneyclaim. Letter sent offering 2,100.00. Rejected.

Had preliminary hearing yesterday and a representative of Barclays was present. After a 20 min discussion the judge concluded that there will not be a strike out at the agreed hearing and will be happy to listen to either party. Stating regularly that Barclays will have to present evidence that the charges are fair. The judge also shown unhappiness at Barclays in relation to time wasted in the courts. Should I prepare for Barclays to actually show? The judge seemed willing to take further. Please help if Possible, Regards Blinxster

Yes, everyone should prepare for the bank/solicitor to appear for the defence. Check out the Court Bundle thread on CAG, linked in Martin's article and have a read of this thread regarding what the court may have asked you to bring, especially MimiJane's posts.

http://forums.moneysavingexpert.com/showthread.html?t=493178&page=9

debs81

debs81 wrote: »

hi, does anyone know if the same applies to loans as well, for missed/late or bounced direct debits etc. i've read that it does for mortgages so i've just sent off a claim for £763 to haliax, 2 days after they agreed to pay £2,255 on my old current account - they're going to hate me but I don't care. Really appreciate any info about the loans. thanks

i posted this a while ago. but had no response so i'm trying again. i had a loan with black horse (part of lloyds - god help me) when i missed some payments i was getting stung twice. one by halifax for failed d/d and then with black horse for missing or making a late payment. got halifax money back just wondered where i stood regarding the loan.