Reclaim Unfair Bank Charges article discussion Part II

essahomez

I have had a recent nightmare with Lloyds TSB. I have banked with them for 11 years (since i left school) and have gradually worked up an overdraft, always had a regular salary and had a good record of repaying loans early. I converted my main account into a student account last year and this August I went £22 over my overdraft. As my salary was entering my other account with the same bank they decided to withdraw my student overdraft of £1300 and the account has been referred to their debt collection department.

I am outraged by the way Lloyds have treated me and have decided to retaliate and attempt to reclaim all charges that I have incurred over the last 6 years in both bank accounts with the bank.

I apologise if this question has been raised before, and if it has then I would appreciate being pointed in the direction of the reply but before I go ahead with my claim I would be interested to know if I have any chance of winning a claim against Lloyds in the light of both decisions in favour of Lloyds TSB in the cases of Gillin v Lloyds TSB (June 07) and Berwick v Lloyds TSB (May 07) both in the County Court. In both these cases the judge held that it was well within the bank's right to enforce penalty fees as it was part of the terms of the contract and that the Unfair Terms and Conditions Act only applied to breaches of contracts (but in these cases no breach has taken place). I do not wish to be negative.. but just after peace of mind.

lindilou39

joejude1 wrote: »

hi im a newbie but could anyone tell me if it is worth carrying on at the moment or wait till after the test case aas my circumstances are rather limited
me and my hubby get benefits and are in debt to the tune of about 2k
we have recieved the last 6 years statments and when added up with intrest the halifax owe us £3900 we have just got the letter saying that all claims are on hold untill after the test case and they said that could take some time
so i was just looking on here and some cases are still being dealt with by the courts and waiving the stays so should i continue and proceed through the courts
thanx in advance for advice
joe

Absolutely...If your charges started from todays date in 2001 then you should file your claim now in court or with the FOS...if you dont...then you become statute and barred under the Limitation Act ..meaning..you cant claim back beyond 21/09/01...the more days or months that pass the more you lose.

clb1

Can anyone help who has been through this process?
I submitted my claim (over 5K) to my local branch last week and received a letter this week saying that such claims are subject to a £10 fee, and once they receive this payment they will forward it onto the relevant dept at Clydesdale Bank. I have already paid £10 to get my statements from them. Does any one know if I have to pay this further £10 or are they talking about the original payment?

brownbabygirl

lindilou39 wrote: »

Absolutely...If your charges started from todays date in 2001 then you should file your claim now in court or with the FOS...if you dont...then you become statute and barred under the Limitation Act ..meaning..you cant claim back beyond 21/09/01...the more days or months that pass the more you lose.

What is FOS and how does one file a claim with them or the court?

Edinburghlass_2

brownbabygirl wrote: »

What is FOS and how does one file a claim with them or the court?

Its the Financial Ombudsman.

You'll find all the information you need in Martin's article here..

http://www.moneysavingexpert.com/reclaim/bank-charges

and further information here...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

Edinburghlass_2

clb1 wrote: »

Can anyone help who has been through this process?
I submitted my claim (over 5K) to my local branch last week and received a letter this week saying that such claims are subject to a £10 fee, and once they receive this payment they will forward it onto the relevant dept at Clydesdale Bank. I have already paid £10 to get my statements from them. Does any one know if I have to pay this further £10 or are they talking about the original payment?

I have heard this with Clydesdale/Yorkshire and I would suggest you write telling them to forward it to the correct department without any fee and that you will be copying your letter to the Financial Ombudsman for their consideration.

brownbabygirl

katie1 wrote: »

I asked for £576 from baclaycard a few weeks ago , they offered me the difference between the current £12 fees . £260 . i wrote to them saying i would have that thankyou but would still fight for the rest ...

Up untill today i never heard a thing from them so i rang and what they had done was refund me all £576 but into my baclaycard account that i dont use so had no idea. i spoke to them and they have now put it into my bank account ( well they say it will take 3/4 days)

If i hadnt of rang to find out what was going on i wouldnt have known they had paid me in full...

Congrats!:beer::beer::beer:

I have requested my statements from HSBC and waiting for response.

BTW, does that mean despite the 'test case' I can still ask them for money and have a chance of getting it back?

brownbabygirl

In the process outlined by Martin, the banks have 40 days to produce my statements. Does that mean 40 calender days (about 6 weeks) or 40 WORKING days (8 weeks)?

Thanks a lot.

Boxsets2u

Hi all, just to let you know i reclaimed £942 form natwest bank. I also trying to claim £1000 from lloyds tsb BUT with this test case i have to wait now. If i just done it a week earlier i would have had me money. Any body else in that situ??

tractorman_2

I eventually after complaining to the appropriate authority got my six years bank charges details from the Bank and put in a claim for all charges plus interest totalling £855.57. I received a letter this morning advising me that the responsibility to maintain the account was mine and tht the charges were well publicised. It then goes on that the Office of Fair Trading in April produced a Statement of Principles relating to Credit Card default fees to protect consumers from being charted unfair amounts. HBased on the comments in the OFt Statement the banks default fees hve subsequnetly been redued to £12 which the bank considerreasonable. In view of this the bank have sent a cheque for £242 being an ex gratia payment and it does not accept liability. I feel this is only a fraction of what I feel they owe me, WHAT DO I DO NOW. DO I WRITE BACK SAY I WILL NOT ACCEPT THE CHEQUE AND AM TAKING THE MATTER TO THE OMBUDSMAN, DO I CASH THE CASH BUT WRITE BACK AND SAY I AM ONLY ACCEPTING THIS AS A PARTIAL PAYMENT AND GO TO THE OMBUDSMAN.

pLEASE HELP ME ON THIS.