Reclaim Unfair Bank Charges article discussion Part II

arthurdick

hi marie, as far as i know, you can claim those..well, im hoping you can, im trying to claim a few myself... anyway, good luck to you, and all others waiting to hear..iv had me second letter from the halifax, 2 weeks ago, saying they would look into it...for some reason, i keep getting the feeling that everybody apart from me will get money back.. maybe its because i just dont trust the banks....good luck to us all, and well done those who have already been paid out

mumzyof2

anyone? help? (ABOVE POST)

shamrock7

With Capital one they have 40 days from the request to get your statements to you and will probably send you a spreadsheet first. Persevere though. I started claiming in June this year with them and finally after going through the FOS I received a settlement for the full amount last Friday. 5 months in total. I believe if you file an MCOL after receiving the statements things happen quicker.As for nationwide I'm not sure, however RBS did not remove my overdraft after reclaiming or Lloyds TSB.You could open a parachute account just in case. At the end of the day it's how much they want to keep customers. Hope this helps, good luck!

darlolad

mumzyof2 wrote: »

anyone? help? (ABOVE POST)

Hi

I am going through the process of claiming my charges back from the Nationwide. The list of charges do take upto 40 days but they will send you them. Nationwide have threatened to apply for a stay if I goto court so I thought I better leave it. But reading this forum I think I will get down to the courts. I have about £4000 to claim back. The nationwide will reply to every letter you sent with a waffel letter saying they were in the right and there policy on charges were clear.

Tararabumdiay

Hi could anyone tell me the current situation re. reclaiming bank charges.

We are trying to reclaim approx. £6,000.00 from Alliance & Leicester [started paperwork etc... in May this year] Paid out £120.00 for court claim, but unfortunately the day after I got my first court papers back was the news of the test case and that all court cases were put on hold until results of test case. That was back in July / August. Have since received letters from both Alliance & Leicester and Wragge & Co Solictors informing me of the stay.

Just wondering if anyone has any up to date news re. when the test case is likely to happen and what are the likely results? We desperately need this money paying back to us.

howmuchcaniget

when I filed for my charges to be refunded I had a £700 overdraft limit,with barclays, they then shut down my account and have now filed court papers to me for £836 with more charges added on.

They owe me £1600 in bank charges.... they are going for attatchment of earnings for their money off me but they are the ones who closed my account and cancelled my overdraft limit and owe me £1600.

has anyone got any help or know what I should do, i've had to hand in my court papers with how much I earn and spend as they would arrest me if I didn't hand these in.

lisaknight39

I received £800. from the TSB in bank charges. I am very happy and thank you for all your help. They did try to fob me off a few times but I just kept going and replied to their letters straight away. Thank you again.

lisaknight39

I to had lots of letters telling me I was wrong but I just kept going I got all my money back but it was only £800. I received court papers from the TSB so I went all the way and two days before the court date they settled out of court. So just keep going I'm sure it will all work out in your favour. Lisa

agnes_2

OK HEAR IS MY STORY OF MY ORAL HEARING TO UPLIFT THE STAY.

Well we survived the hearing, but no luck with the stay, no surprise there then, met up with Jenny, which was great, we both felt so nervous, it really helped being in it together, Only 3 of us turned up out of 5, the third was a chap from the sites alias butterbean his case was against HSBC, and behind us in court were 4 legal trainees from the university, and a man with Bs solicitor a trainee. HSBCs solicitor was there and ours both female, we arrived at 10am, and our case finished at 1 0’clock! Not the 10mins they had specified. There was a tremendous amount of legal jargon, the judge explained the impending OFT case in full! We each had our turn to speak and to be fair the judge seemed to be sympathetic, the banks solicitors had their turn, and they made a meal of it, finally the judge summed up and made his decision, which we already knew, because he told us at the start! We had all asked for the conditions in the alternative to be adhered to, but he refused that as well.

The judge told us that even if we got the stay lifted and eventually got a hearing, we woudn’t get a date until next year and probably after the OFT case, even then if we won that case, we would not get our money, because nothing is being paid out until the ultimate decision is made. He also said that the case in January will only be the beginning, as which ever side wins will appeal so it probably goes to the House of Lords and it may even go as far as Europe so it could take 1-2 years before it finishes.
Judge Hickinbottom was very considerate of the fact that we are nervous, when he finished his address, he asked each one in turn to speak, it isn’t as bad as you think, He asked if we wanted to withdraw the application for the uplift of the stay, since there was no advantage one way or the other now that they will not pay out anyway, and gave us 10 minutes to decide he left the room so we could discuss it amongst ourselves. I decided to withdraw my application of the uplift of the stay, but asked if the conditions could be applied, mainly for me to have the penalty charges stopped until the outcome of test case, he asked Barclays solicitor and she she went on and on about the cost to Barclays would be far too great and would cause hardship to Barclays, as they would have to check accounts manually, (surely this was confirmation of the main point? she more or less admitted automated penalties cost very little) The Judge was not impressed by this, but in the end he did not agree to apply the conditions.

During Barclays solicitors’ long speech, she referred to my personal status of my overdraft, that I had £1000 in my overdraft account to spend, I am not incurring penalties! My hand went up, the judge said I would have my chance to respond later. When I did I said "Your honour ever since I began this claim in January this year, I have constantly been moving money into this account from 0% credit cards, in an effort to prevent these penalty charges and that to the present day, means that my debt now stands at £8000. With the current account £4000 (overdraft limit £5000) NatWest A& L and MBNA credit cards, If I hadn’t done this the account would be over the limit by £4000 + thousands of charges!!! I also said "I am 67 years old and my Husband is 72 years old and we have had this account with Barclays for about 45 years, and it wasn’t until we retired in 2003 on a pension that we began incurring these penalty charges " I misguidedly thought that would put Bs to shame. Was this an attempt to make the judge think I am not suffering hardship? I know that by the end of next week the payments due out will mean that I will be up to or over the limit once again, and looking for somewhere to move money again. I will be lucky to pay off the cards in time before the promotion dates are up on the different cards; this is how it snowballs.

We achieved nothing other than the invaluable experience of a court hearing, the judge understood that we had missed out getting our money, as he agreed that before the announcement Barclays were paying out. He would be writing to us with reasons for turning us down after he had heard a few more cases by next week.

agnes_2

Also this is the latest reply I have from Jessica Morden MP, who I wrote to. I write to MEPs and various others Jessica Morden said she agreed that it is unfair and said there is a cross partry support group of MPs who are on our side, this is her latest response.

Dear XXXXXXXXXXX

Have approached a few people but there is nothing formal - it's been a
question of MPs individually contacting the Minister. I'm awaiting my
reply to my latest Minister's letter - once we've had that and I copy
you in we can see where we are and how to pursue further but I'd like to
see the latest answer first if that's ok.