Reclaim Unfair Bank Charges article discussion Part II

cyberman_3

RE: Case Brennan V Natwest
http://news.bbc.co.uk/1/hi/business/6679817.stm
The judge is now considering his decision.
If you look at the BBC page, there are some interesting parts that will put your minds at rest.
"There is no sustainable claim for causing loss or for breach of duty - the only sustainable claim is for breach of contract - thus no exemplary or aggravated damages are applicable," said the NatWest's barrister Mr Pilling
Remember that Mr Brennan was claiming exemplary or aggravated damages which the vast majority of us ARE NOT.
"There is no practical remedy for Mr Brennan to claim, as he has already been paid more than he can legitimately claim," said Mr Pilling.
Natwest have already paid him back the penalty charges. This is the interesting point ..... "paid more than he can legitimately claim"
Is Mr Pilling indicating that a claim for unfair charges is legitimate and that applies to us all.
"The interests of the consumer will not be damaged if the case is struck out".
If the case is struck out, nobody wins and we are all entitled to persue the banks. If the case is referred to a higher court, Natwest would be obliged to lay out a breakdown of their charges and that is something they do not want to do because it will show they have contravened the current law.
That simple means that we all continue with our claims.

geoff1057

today received statements from Barclaycard,but they have only sent them from2004, the rest will take 6 weeks or so. do i claim charges from the statements they have sent , and then again on the the rest of them, or do i wait until i have the full 6 years of statements before staring to reclaim??

geoff1057

On Monday i started court proceedings against MBNA for£606, i originally refused their offer of £260 goodwill gesture, today i received a cheque for the £260 with a letter saying "i hope this has been resolved to your satisfaction" do i bank this cheque as part payment or send it back and tell them too late see you in court????

beckied

geoff1057 wrote: »

today received statements from Barclaycard,but they have only sent them from2004, the rest will take 6 weeks or so. do i claim charges from the statements they have sent , and then again on the the rest of them, or do i wait until i have the full 6 years of statements before staring to reclaim??

if you can wait for all of them then if it gets to the court stage you only have to pay out the one charge;)

COPPERHEADJACK_2

does anyone have a phone number for the natwest data protection as they have only sent statements from october 2002 and it has been well over the 40 days.

also barclaycard have also ony sent statement from 2004.

beckied

geoff1057 wrote: »

On Monday i started court proceedings against MBNA for£606, i originally refused their offer of £260 goodwill gesture, today i received a cheque for the £260 with a letter saying "i hope this has been resolved to your satisfaction" do i bank this cheque as part payment or send it back and tell them too late see you in court????

hi i have just had the same thing happen to me this morning i have a claim with capital one for £1300. and they have given me an offer of £382. which i intend to accept as a part payment without prejudice and now i am going to take it to the next level to get the rest of the money they owe me!!
Threw the courts im afraid!!;)

geoff1057

if i kept the £260 cheque as part payment do i have to make adjustments to my court claim, and inform MBNA that cheque is only part payment, thought that if i sent cheque back ,no adjustments etc would need to be made,just go for whole lot, seemed to be easier option, if you think otherwise please let me know

beckied

geoff1057 wrote: »

if i kept the £260 cheque as part payment do i have to make adjustments to my court claim, and inform MBNA that cheque is only part payment, thought that if i sent cheque back ,no adjustments etc would need to be made,just go for whole lot, seemed to be easier option, if you think otherwise please let me know

I have just asked a similar question under the cap 1 thread i dont personally what to do myself i would of thought like you said it seems easier to go for the whole lot but i have been advised to take part payment and go for rest aswell
Just see what i get for advice let you know when i do!!!

geoff1057

thanks Beckied, imay well return the cheque,as i have tried to resolve the matter ,even saying that i would not claim the interest or take court action if they just payed what they owed me, but the cocky chap on the end of the phone wouldnt listen to reason ,he just said take us to court so i will write to them telling them that i have taken their advice ,and stuff your goodwill gesture.........but keep me informed

cyberman_3

geoff1057 wrote: »

thanks Beckied, imay well return the cheque,as i have tried to resolve the matter ,even saying that i would not claim the interest or take court action if they just payed what they owed me, but the cocky chap on the end of the phone wouldnt listen to reason ,he just said take us to court so i will write to them telling them that i have taken their advice ,and stuff your goodwill gesture.........but keep me informed

Hey Geoff,

If you know the name of that person, use it in the letter you send.
IE: Your Mr ...... advised me to take this court.

Someone in the bank will crash down on him like a ton of bricks