Reclaim Unfair Bank Charges article discussion Part II

geoff1057

Yesterday received a letter from MBNA offering goodwill gesture of £250 of the £606 iam claiming, have declined this offer ,and have informed them by fax, that next week i will start court proceedings, after hearing of Mr Berwicks disaster in court ,iam feeling a little nervy, should i continue with my actions???

maniac886

geoff1057 wrote: »

Yesterday received a letter from MBNA offering goodwill gesture of £250 of the £606 iam claiming, have declined this offer ,and have informed them by fax, that next week i will start court proceedings, after hearing of Mr Berwicks disaster in court ,iam feeling a little nervy, should i continue with my actions???

Yep just continue as normal and good luck!

sophiecat_2

Re: My partners Lloyds TSB business account.
Omg what have i done!!! Please can someone help? Standard two letters to Lloyds sent, no reply so now going through mcol to reclaim approx £2000.
Received a letter today from Lloyds, usual rubbish about fair charges etc.. But the bit that worries me is this: "I`ve noticed that you`ve referred to the unfair contracts terms act 1977 and this doesn`t apply to you as you are a business customer!" I know i have entered the correct defence on mcol as i used the template on the C.A.G, the one quoteing Murray v leisureplay etc..
Can anyway advise please????? thankyou x

JIMBOB'S_MUM

When I submitted my claim to MCOL in the 'claim particulars' I only wrote a breif statement saying that I wished to claim back charges which were unfair and disproportionate. Now I've read a few more posts I think I should have put much more detail in! I thought that I would only need additional information if and when I had to appear in court. Having read a few more posts I am now worried that if I have not been specific enough the claim will be rejected... can anyone help???

Edinburghlass_2

Do you have a court date? If you do or receive a letter from the solicitor/court asking for further information you can then use the full POC wording and send with your list of charges.

This is in the MCOL thread but I have now put it in the Reclaim Help Thread which is linked in my signature.

chipper106

I am at the stage where the bank (Lloyds) have put in a defense aginst my claim on the moneyclaim website. The forms have come through for me to fill in and proceed to the county court but I am unwilling to pay more money if the bank is likely to win the case. I am asking for £450 including the original moneyclaim claimant charges (£50). Would it be best to cut my losses?

egatelan

Received letter from Halifax today saying that they will not be refunding my charges. Is this because of the court case where Lloyds bank beat the customer? Has anyone else been turned down this week? I've sent another letter today threatening court action but am a bit worried now that if it does get that far i will lose like the Lloyds customer.

JIMBOB'S_MUM

Edinburghlass wrote: »

Do you have a court date? If you do or receive a letter from the solicitor/court asking for further information you can then use the full POC wording and send with your list of charges.

This is in the MCOL thread but I have now put it in the Reclaim Help Thread which is linked in my signature.

Thanks you're a star, I don't have a court date yet but I'm sure I will get one soon!

chipbeck

egatelan wrote: »

Received letter from Halifax today saying that they will not be refunding my charges. Is this because of the court case where Lloyds bank beat the customer? Has anyone else been turned down this week? I've sent another letter today threatening court action but am a bit worried now that if it does get that far i will lose like the Lloyds customer.

Hi don't take this the wrong way but this thread is for 'Success' stories.
But if it makes you feel better you only need to worry when the 'Success' stories stop rolling in.;)

solarkatie

Hi again
I took the advice of Cyberman and complained to the FSA in regard to Barclays intimidation by summonsing us before we could get the summons to them. We received a phone call this morning and the following extract from an email. Very understanding and full of advice. Don't be afraid of contacting them.

Dear xxxxxx

Thank you for your e-mail dated 16 May 2007 and your time on the telephone this morning. Further to our telephone conversation I have pleasure in confirming the following points to you:

You may wish to contact Barclays to see what is happening with the complaint. As discussed, they do have eight weeks to resolve this.
Your complaint against the firm about the charges is a separate issue to the court summons. You may wish to seek further legal advice about the summons, but should not mention the complaint about charges in court.
If you mention your complaint about charges in court then you will lose your right to refer your complaint to the Financial Ombudsman Service (the Ombudsman). There is a three tier system to the complaint process, the first is to complain to the firm and give them the opportunity to put things right, the second is to complain to the Ombudsman if the firm cannot resolve the issue, the third is the courts if you are not happy with the Ombudsman's decision. Please see the attached link to our Guide to making a complaint about financial services, which explains the complaint process in more detail: http://www.moneymadeclear.fsa.gov.uk/pdfs/complaint.pdf

I hope this information is helpful to you.


Yours sincerely

Consumer Contact Centre
Regulatory Services Business Unit
Financial Services Authority
Website: https://www.fsa.gov.uk
Consumer Helpline: 0845 602 2185 (call rates may vary)
https://www.moneymadeclear.fsa.gov.uk
Get clear, impartial information from the UK's financial watchdog.
No selling. No jargon. Just the facts

I AM FEELING A LITTLE DESPERATE NOW SO IF ANYONE CAN GIVE SOME CONSOLATION OR ADVICE I WOULD APPRECIATE IT - After considering the advice from FSA, I feel this advice from FSA may be contrary to how we have been dealing with this case so far and perhaps the lady at FSA did not completely understand what we are trying to do. The advice is somewhat different than this site that I now trust. If anyone has been through similar please advise me of your process and how it went.
Cheers - Running Scared (but still wanting to go through with the claim).