Reclaim Unfair Bank Charges article discussion Part II

Kurt_Hamster

thomell wrote: »

Thanks for your help. Answering in plain English is so much easier to understand. I have checked with MCOL (did'nt know you could) and discovered that Lloyds TSB have entered a defence. Does this mean that it will be transfered to my local court and that they will contact me and send an A Q if they are still using them?
I am feeling really panicy now.

You will be sent a letter informing you of the transfer of the case to your local court. They will ask you for any documentation that hasn't been submitted. You will also receive a copy of the Acknowledgement of Service and the defence that the bank has submitted.

You will then get an AQ or a letter dispensing with it. If you claim is for more than £1500 you will also need to pay a £100 Allocation Fee. If your AQ is dispensed with you may receive a court hearing date.

k1mmie

Kurt_Hamster wrote: »

If there is an outstanding debt they are entitled to charge interest on it. If you can prove they were charging interest on monies that were unlawfully levied then you have a case. Proving it is another matter though.

Think I may have a case on the business account as they were notifed it was being put into receivership and listed as a creditor. Therefore they would have known that it was no longer trading - and the bank account statements show no activity throughout this period.

Also I could try to obtain paperwork from Companies House which shows online as the company in liquidation.

If I could prove all this then they would have to reasses their charge also.

On the personal side I am claiming £3300 - but the last statement of activity at around the time the account was used shows a balance of £3800. The closing balance Dec 06 shows £4700.

How can this be justified????????????????

tezl

Kurt_Hamster wrote: »

The judge has a right to get you to prove that you have a case under the law before he makes a default judgement. Mr Beswick didn't prove that.

are we not just repeating whats in the paperwork?

Kurt_Hamster

tezl wrote: »

are we not just repeating whats in the paperwork?

Technically we would be explaining and interpreting what is in the paperwork.

Either way it is incumbent upon the claimant to first demonstrate to the court that his case has good reason to be brought.

Call it a sort of judicial triage.

kittykat6

Hi everyone need some help!!!! I week ago I sent a letter to Lloyds tsb asking for my charges back and told them they had 14 days to return the charges back to my account. I recieved a letter from lloyds tsb this morning and this is what they wrote to me:

Dear Mrs Hammond,

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we cant agree it. We feel it's fair to charge for this service.

The Office of Fair Tradind has published new guidelines on credit card defult charges. We're still talking it thrugh with them, but the important point is that the guidelines are about 'default' charges that people pay when the break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the services we provide in these situations.

I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.

I hope this fully answersw the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently.

If you are happy with the way I have dealt with your complaint, there is no need to reply to my letter. If I have not heard from you by the 20 July 2007 I will close my file, through of course I will re-open it should you come back at any point afterwards.



What do I do next?? and what do I write?? PLEASE HELP!!! thanks

Kurt_Hamster

kittykat6 wrote: »

What do I do next?? and what do I write?? PLEASE HELP!!! thanks

You read this thread... http://forums.moneysavingexpert.com/showthread.html?t=400981

tezl

Kurt_Hamster wrote: »

Technically we would be explaining and interpreting what is in the paperwork.

Either way it is incumbent upon the claimant to first demonstrate to the court that his case has good reason to be brought.

Call it a sort of judicial triage.

sorry to prattle on why is it not incumbent for the defence to demonstrate to the court also?

Ma77g

I am about to take HSBC to court but I didn't include the 8% interest in the list of charges I supplied to them or ask for it to be refunded. When I raise the court claim should I now add this in or does the court calculate it if I win?

lindilou39

add it in and get your paperwork sorted read my post ' a little word in all ears' page 23

Lin

Ma77g

lindilou39 wrote: »

add it in and get your paperwork sorted read my post ' a little word in all ears' page 23

Lin

Thanks for the reply. I'm not actually correcting a court claim its just that when I sent the bank the charges it didn't include interest so I was worried they will use this as a defence.