Reclaim Unfair Bank Charges article discussion Part II

welsh_worrier

I wonder if anyone can help.My OH paid off 2 credit cards a year or 2 ago
by taking out a loan (again).Anyway we shredded all the statements etc as didn`t think we`d need them again.Now I think we should try and claim back charges as to be honest we need every penny we can get at the moment.
The problem is how can I request statements if I no longer have anything with account numbers on ?

:mad:

techspec

welsh_worrier wrote: »

I wonder if anyone can help.My OH paid off 2 credit cards a year or 2 ago
by taking out a loan (again).Anyway we shredded all the statements etc as didn`t think we`d need them again.Now I think we should try and claim back charges as to be honest we need every penny we can get at the moment.
The problem is how can I request statements if I no longer have anything with account numbers on ?

:mad:

You just need your details - name, address, DOB etc.

Its not that long ago, so the details have to be kept by the Credit Card company.

In addition, request your credit report from CALL CREDIT. They include some account numbers, unlike the other 2 agencies. It will also give you the date you opened the accounts, and closed them. There is a fee of just £2.

Then request 6 years statements (enlclosing £10), with the information you have available about the account.

You can just ask for all the money back plus interest, without working it out yourself. You don't need the statements for this, but are relying on the bank working it out correctly. Having used both methods, i would get the statements, and work it out yourself.

coll7583

i'am trying to reclaim my bank charges but i keep getting letters back from my bank saying they need another 4 weeks to sort out my complaint and ive had 3 of these letters now they all arrive about 3 days before the 4 weeks is up. is this common do you think the bank is just delaying

BasilSeal_2

I've been attempting to reclaim over £10K in a account charges made on my personal and business acounts with lloyds over the past six years, the majority have been incurred in the last two years whilst my business has been experiencing difficulties which although not insurmountble have severely affected my cash flow. In light of the OFT test cast i made the decision to apply for just one years charges through the courts, the oldest charges from six years ago which amounted to around £570 including interest and court costs, this is because it would have cost me £300 in court fees to file for a claim exceeding £5K, and i didn't wat to stump up the money if the case was going to have a stay put on it.

Anyway, the case has been stayed by Burton court, and i'm wondering if there is any point in me spending more money trying to get this stay lifted, or would i be throwing good money after bad?

I thought that perhaps i could appeal on the grounds of financial hardship, i contacted the financial ombudsman and was told by a not terribly helpful chap that 'financial hardship' meant not being able to buy food, and having your benefits taken in bank charges.

I've applied for working tax credit, which will be paid directly into my lloyds personal account, which is currently overdrawn and incurring charges.

I have also received a letter from lloyds with the ususl guff about fair charges for a service, beut which also contained this: "you may also be interested to know that the unfair terms and conditions act 1977, which are widely quoted in support of complaints that overdraft charges are unfair, do not apply to you. This is because you're a business customer and the Regulations act only applies to consumers."

Appologis for the long post, but i would be interested to know if anyone has been successful in having a stay lifted, and on what grounds i should argue if i chose to go ahead and try to get mine set a side.

agnes_2

Rich73 wrote: »

I had an approved overdraft of 5,000 with barclays. When I commenced my claim against the unfair bank charges, they immediately withdrew my overdraft facility. Following weeks of wrangling barclays offered me a settlement figure of almost GBP4000 which I accepted and then paid off the remainder of what was now an unauthorised overdraft. Now I am looking to move home I cannot find a mainstream lendor who will consider me because my credit rating has been adversely affected!! I purchased my credit report and there is a large black mark where it says I defaulted to the tune of GBP5,000 with Barclays.

Are they allowed to do this, and is there anything I can do to get this removed from my credit report?

YES you can do something about this, I have read cases where the judges have told the banks barristers that if the banks do this then the stay will be lifted, so ask Martin or someone knowledgeable here.

techspec

Rich73 wrote: »

I had an approved overdraft of 5,000 with barclays. When I commenced my claim against the unfair bank charges, they immediately withdrew my overdraft facility. Following weeks of wrangling barclays offered me a settlement figure of almost GBP4000 which I accepted and then paid off the remainder of what was now an unauthorised overdraft. Now I am looking to move home I cannot find a mainstream lendor who will consider me because my credit rating has been adversely affected!! I purchased my credit report and there is a large black mark where it says I defaulted to the tune of GBP5,000 with Barclays.

Are they allowed to do this, and is there anything I can do to get this removed from my credit report?

Agnes is right.

Natwest did the same to me, after i claimed my charges back. They have now backed down, and will be removing the default shorty.

You sounded surprised about the default on your file, so i assume you were not informed prior to it being filed. That is illegal, as it breaks the consumer credit act.

This is the process i followed, although i did get some inside help from a friendly staff member at my local branch.

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

Make sure you purchase all three credit reports at £2 each, from callcredit, experian and equifax, and write to each company contesting the information held. They will then have to write your bank, putting extra pressure on.

After doing all you can yourself, if you get no where, you then have the information Commisioner, followed by the Financial Ombudsman.

If, as in my case, you get it removed, you may then be entitled to compensation.

Good luck!

steve157

I'm just wondering if anyone can help.

I'm in the middle of a claim against Barclaycard and it's gone to my local court. I've just had a letter from the court asking me to fill in the allocation questionaire. There is a part on the form that says other information and i was wondering if this would be a good place to point out to the court that this is a credit card case and not bank charges as Barclaycard seem to being getting cases stayed. Any advice would be appreciated and if anyone has an idea of how to word it that would be helpfull to as i'm not great at puting things like this on to paper.

Thanks.

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lindilou39

steve157 wrote: »

I'm just wondering if anyone can help.

I'm in the middle of a claim against Barclaycard and it's gone to my local court. I've just had a letter from the court asking me to fill in the allocation questionaire. There is a part on the form that says other information and i was wondering if this would be a good place to point out to the court that this is a credit card case and not bank charges as Barclaycard seem to being getting cases stayed. Any advice would be appreciated and if anyone has an idea of how to word it that would be helpfull to as i'm not great at puting things like this on to paper.

Thanks.

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yes...definately state it is for credit card charges and not current account. word it : I respectfully draw the courts attention that this claim is for credit card charges and not Bank current account charges.

steve157

lindilou39 wrote: »

yes...definately state it is for credit card charges and not current account. word it : I respectfully draw the courts attention that this claim is for credit card charges and not Bank current account charges.

Thank you for your help.

Fingers crossed time now.

agnes_2

Hi everyone Just thought I would briefly report back to you about my oral hearing to uplift the stay which took place on Friday at Cardiff CC. Well as expected the stay remains. We ( there were 3 of us ) Judge Hickenbottom was sitting, and there were 4 trainee solicitors from the university behind us and one chap who was referred to by Barclays solicitor as a "mini clerk" she was sat in front of us and HSBC solicitor also
I won't go into everything now, later, but the 10 minutes they say it will take was actually 1.5 HOURS

the judge was very sympathetic, but the stay remains, tell you more tomorrow my eyes are sore now. val