Reclaim Unfair Bank Charges article discussion Part II

Kurt_Hamster

The_Raftsman wrote: »

Looks like court is now an inevitability.
Following on from Rise Sir Axl Rose's comments I guess I'm getting to that nervous stage now where I have concerns in what I'm claiming for. My claim also inculdes account fees & overdraft interest etc. The way I understood it, all my overdraft % had been incurred as a direct result of unlawful charges taking me further beyond my agreed o/draft limit. Am I right to do this?

It all depends on how complicated you want to make your case. The more complicated it is the more chance there is of screwing things up.

You can only claim contractual interest on the charges themselves. It's a very complicated calculation which if you get it wrong the bank can argue the point.

Very few people are claiming contractual interest as it is in a grey are of the law, most are not bothering (and with good reason).

Account fees are not reclaimable as they are a legit service charge.

You can only claim penalties such as those levied with bounced cheques/DDs etc, basically anything that seems to be a slap on the wrist.

fayemairi

Edinburghlass wrote: »

Sorry I haven't got back to those questions but the answer for you is yes send the letter and give them 14 days to reply and then if you are no further forward after the 14 days, in your case we'll look at going through the Financial Ombudsman.

Hi there, thought you would be best person to ask since you are obviously fighting under Scottish small claims court law as well. My charges come to over 2800.00 but limit for Scottish small claims is 750.00. Would I need to take it to a higher court and if so, what's my chances of winning and how much would I have to pay? This is really worrying me as I have sent my list af charges with interest requesting a refund 3 weeks ago and still not even received an acknowledgement.

fayemairi

cyberman wrote: »

All the information you need is within the forums

Take a good lood at Martins website. It is completely idiot proof, it must be cos I have followed it to the letter, and you have absolutely nothing to lose!!!!!!!! You don't have to actually face anyone so what have you got to lose??? Absolutely nothing!!!!!!!!!!

LS123_2

I don't understand it either - I am claiming £299 plus interest and I am now at the stage where they have just acknowledged my claim through MCOL - and yet I have a friend who was paid out £3500 after writing just two letters - luck of the draw I guess!

kelshadit wrote: »

firstly hi to all
i wonder can anyone please tell me why it seems to be some people are getting paid without a problem and some are really having to fight for it, the reason i ask is that i have been wrangling with the halifax for months i have till friday week for them to acknowlege my mcol as i filed it on 15th of may.
i did 2 template letters and had a really rude so and so talk to me on the phone, i am really worried about going into court i must admit but then i read that some are going to court and some are not from halifax , i dont understand how to one person they are saying it's not viable for them to go to court and another they are taking it all the way?
i mean would this have any bearing if i bought this up in court as evidence?
i am so confused it is consuming my every day.
i feel like they are just pulling names out at random to pay and the others they are taking thier chances.

The_Raftsman

Kurt_Hamster wrote: »

It all depends on how complicated you want to make your case. The more complicated it is the more chance there is of screwing things up.

You can only claim contractual interest on the charges themselves. It's a very complicated calculation which if you get it wrong the bank can argue the point.

Very few people are claiming contractual interest as it is in a grey are of the law, most are not bothering (and with good reason).

Account fees are not reclaimable as they are a legit service charge.

You can only claim penalties such as those levied with bounced cheques/DDs etc, basically anything that seems to be a slap on the wrist.

So, can you revise the amount you're claiming for prior to court hearing, or have you committed yourself to the amount you originally tried to claim for?

merckx69

We took LLoyds TSB to court when reclaiming bank charges and LOST the case!!! Has this happend to anybody else? Any advice what to do next?? It has been a real blow and we are struggling...

emmag_2

merckx69 wrote: »

We took LLoyds TSB to court when reclaiming bank charges and LOST the case!!! Has this happend to anybody else? Any advice what to do next?? It has been a real blow and we are struggling...

How did you lose and wher and when was that, sorry all the questions just im in the same process

kelshadit

merckx69 wrote: »

We took LLoyds TSB to court when reclaiming bank charges and LOST the case!!! Has this happend to anybody else? Any advice what to do next?? It has been a real blow and we are struggling...

crikey what is it about that bank?????
you are on the wrong thread but i will say you must only be the 2nd person to have this happen and to the same bank as the only other one to have lost how come you are not on the news??????

Shellyk_3

:mad: How annoying is that - it seems to be only Lloyds that are not paying out so easy.

I am trying to claim 3900 and have just issued proceedings online, i am a bit worried that I am not going to get anywhere with my claim either. I'll then be out of pockey by another £120. :eek:

Why did we have to choose Lloyds as a bank!!!!!

kelshadit

Amanda28 wrote: »

Bank: Hlaifax
Amount Reclaimed: £4016.00
Amount Paid: £3507.00

Sent them 1st letter. Replied with will here from us in a few weeks. After a few weeks, recieved letter saying they were paying £3507.00 straight into my account. Not arguing with that amount. Excellent.

see i have been waiting ages for halifax and am having to take it to court!
how can they justify one law for 1 and 1 for another????something isnt right here you know , my brother-in-law got paid out 100 over what he asked after writing a letter off the top of his head not a template one to first direct and they paid him within a week, the thing is he has alot of money going into his account and is very well off now [the charges he had were from a while back and i am beining to feel like the banks are saying to themselves "we will pay out if they have a good amount of income and are well off but thoses who have a bank with a scraping in it are going to have nothing or fight as they might not be able to afford to fight it!"]
i just wonder if we had a poll to see would bare this out??