Reclaim Unfair Bank Charges article discussion Part II

Edinburghlass_2

MarkLP wrote: »

I'm about to start the courts process on Clydesdale but I'm unsure how to start because they are based in Glasgow and I live in England. Can some one please point me in the right direction. do I still use the small claims court?

You can use MCOL but need to use either an address for Clydesdale bank in London or use the Yorkshire bank address as MCOL won't accept a Scottish address.

bubbles_darling

hi people

just catching up on this bank charging lark wot a nitemare!!

my court date was 9th august, but had a letter around the 2nd of august saying that my case was stayed until further notice blah blah. so i didnt turn up to court. shud i ave gone or wot bit confused. shud i ring the court bit worried i mite ave lost.
many thanks

theozziend

Morning everyone. I wrote to Barclays on 17th July, following receipt into my account of my claim against them, requesting a refund of the charged levied since my original claim was submitted (almost £700). I gave the 14 days response period. They have ignored my letter, so do I need to start the process again through MCOL? Having already paid me £4500, I thought they might just refund the second, lesser amount to get rid of me, but I was wrong. Or shall I ring them and say "look this is a waste of time and effort on both parts; I have already won the majority of my claim, let's just settle this now". What do you think? :money:

Palerie-head

bubbles_darling wrote: »

hi people

just catching up on this bank charging lark wot a nitemare!!

my court date was 9th august, but had a letter around the 2nd of august saying that my case was stayed until further notice blah blah. so i didnt turn up to court. shud i ave gone or wot bit confused. shud i ring the court bit worried i mite ave lost.
many thanks

Give them a call Bubbles, if only to put your mind at rest...if the case was stayed then no one would have expected you to have turned up! If I were you I would contact them (in writing) and express your disappointment that the case has been stayed and ask the judge to reconsider. Might not get you anywhere, but then again...

Good luck!

Palerie-head

theozziend wrote: »

Morning everyone. I wrote to Barclays on 17th July, following receipt into my account of my claim against them, requesting a refund of the charged levied since my original claim was submitted (almost £700). I gave the 14 days response period. They have ignored my letter, so do I need to start the process again through MCOL? Having already paid me £4500, I thought they might just refund the second, lesser amount to get rid of me, but I was wrong. Or shall I ring them and say "look this is a waste of time and effort on both parts; I have already won the majority of my claim, let's just settle this now". What do you think? :money:

Worth a try! all the banks seem to be playing hard ball at the moment though, and they will know that if you take it to court they will probably get it stayed, which means you have paid out and with no resolution in sight...they get a little immediate win over you. Give them a call and let us know how you get on!

agnes_2

Hi lillyboo where are you ? you must tell us how you got on in court today. hope the judge didn't place a stay on your claim!!

sarahjane81

Hi, Just read your post and thought you should have a look at this,

(14) if the firm attempts to resolve a relevant charges complaint after the date of this direction (other than those described in condition 12(4)):
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

I got this from the FSA website this is one of the conditions of the waiver.
You can read the full document here:

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

Hope this helps

blue13

WOW!! Just been reading the stuff on the link. Im no legal brain but i think i hav been lucky to be offered £750 an if im right the bank has no right to insist this is a final setlement. Great info! I will be quoting this stuff when I write to the bank an say thanks for the first payment, but I will still be persuing the remainder and will also inform the FSO of your actions to date, including you trying to push me into agreeing a final settlement less than what you took from me.

Thanks again!!!

fifibumble

Thanks sarahjane81 for the information. blue13 have you wrote to the bank y6et, if so what did you put as not sure how to word a letter although I did send them one that just said I am not accepting their payment in full and final settlement and that I wait to hear from them, they received my letter on the 9th and I haven't yet heard anything. Did fax a copy through this morning tooo, just in case.

Should I just sit and wait or do you think I shoud send another letter?

Please help!

fifibumble

To blue13

Have you received payment from LLoyds yet, my £750 was put in the bank within 2 days!

Anyone else out there had a letter offering payment from Lloyds alot less than what they owe you?