Reclaim Unfair Bank Charges article discussion Part II

KH

Hi
I've checked my money claim today (I have one against Barclaycard and 4 against Halifax) the Barclaycard is proceeding OK but all the Halifax claims state 'claim suspended' I've searched but I can't find an explanation for this can anyone help please??? I received acknoweldges for the claims.... so that makes me even more confused...

Kurt_Hamster

KH wrote: »

Hi
I've checked my money claim today (I have one against Barclaycard and 4 against Halifax) the Barclaycard is proceeding OK but all the Halifax claims state 'claim suspended' I've searched but I can't find an explanation for this can anyone help please??? I received acknoweldges for the claims.... so that makes me even more confused...

Is this on MCOL or have you been transferred over to a local court?

If it's the latter you need to phone them and see why.

Kurt_Hamster

titch209 wrote: »

Hi all,
Just looking for some advice. Just starting the reclaim process having just received my statements from Abbey. My Q and worry is that 10-11 yrs ago had a bank loan from abbey for £5000 and then through serious illness and the inability to work after was unable to repay loan ending up with abbey writing-off money owed. I am now looking at reclaiming just over £3000 and are wondering if previous history will come back to haunt me if i have to go all the way to court.
Any help would be greatly appreciated as i am in two minds whether to carry on especially with the latest news of the bank winning in court.
yours gratefully
titch

If it was written off then it was written off. Having said that they would be entitled to deduct any repaid charges from that outstanding debt. Whether they would or or not is entirely up to them so I doubt anyone here could give you a definitive answer.

babycatcher_2

Has anyone got experience of claiming from MSDW?. I've just requested my list of charges which they are sending out one per envelope (think of the trees!). So received 12 envelopes which was only one years worth so another 5 years to receive yet. Am in the court process with Natwest, have just requested statements from barclaycard and capital one so after them next.

regards

Kirsty

Twinkly

titch209 wrote: »

Hi all,
Just looking for some advice. Just starting the reclaim process having just received my statements from Abbey. My Q and worry is that 10-11 yrs ago had a bank loan from abbey for £5000 and then through serious illness and the inability to work after was unable to repay loan ending up with abbey writing-off money owed. I am now looking at reclaiming just over £3000 and are wondering if previous history will come back to haunt me if i have to go all the way to court.
Any help would be greatly appreciated as i am in two minds whether to carry on especially with the latest news of the bank winning in court.
yours gratefully
titch

A factor that may come into play in your favour is the statute of limitations act. After the passing of 6 years the debt may be considered as 'out of time' for collection. It would also depend on what you have in writing as proof of the 'writing off' of the loan and any conditions imposed at the time. Your charges could only go towards anything you owed on the loan if it was due and payable in any way.

I'd advise you contact the Financial Ombudsman detailing the exact situation for the best advice regarding this situation before you proceed with officially reclaiming charges, whether it be through court or the ombudsman.

Djay17

Need advise really

started claim bak in march, for the sum of £2300 against
Lloyds That !!!!!! Bank! dun the usual-sent them letter got one back sayin NO our charges are fair replied n threatend with court action got EXACTLEY same letter back, had to wait till payday2 get the £120 to start HMOCL now that is just in a waitin process n more than likely Lloyds gonna post defence BUT my problem lies here!- i went to natwest just this mornin to open another bank account to which i was told that LLOYDS TSB have sent my details within the last week to a company call EQUIFAX which means i cant get any loans, credit or even open up a new bank account for the next SIX YEARS! wot shud i do???????
plus im worried now that lloyds won that case and have i just basically threw that £120 cort fee into the gutter??

Jonesr19_2

Well well!

I ahve just rang my bank. And there ahs been a credit of £864.50 into my account.So ask what it was lady said it was a bank charge refund. But my claim was for £1602. What do i do now? does this mean that i canj't claim the rest or do i ring then tommorrow morning and ask for more? I also asked about another claim which was for £826 she said a offer letter was in the post for £507! so in total; the both claims were for £2468 but they have only offered me £1421.50 can i still ask for the full amont even though the have pay some cash into my account?

Advice please?

Thanks

louisa81

Edinburghlass wrote: »

Yes, see the Reclaim Help Thread, linked in my signature for the main banks and cc threads.

Thank you but I am a bit confused as to how I can re-phrase-

".... request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid..."

to make it relevant for store/credit card companies as I don't know anything about the terminology :S

Kurt_Hamster

Djay17 wrote: »

Need advise really

started claim bak in march, for the sum of £2300 against
Lloyds That !!!!!! Bank! dun the usual-sent them letter got one back sayin NO our charges are fair replied n threatend with court action got EXACTLEY same letter back, had to wait till payday2 get the £120 to start HMOCL now that is just in a waitin process n more than likely Lloyds gonna post defence BUT my problem lies here!- i went to natwest just this mornin to open another bank account to which i was told that LLOYDS TSB have sent my details within the last week to a company call EQUIFAX which means i cant get any loans, credit or even open up a new bank account for the next SIX YEARS! wot shud i do???????

Looks like you've had a default added to your credit record. If you go to the Experian website http://www.experian.co.uk and fork out £2 you can get a copy of your credit record so you will see who said what about you.

If you have had a default added you can bring that into the negotiation with the bank, i.e. you want it expunged (not just amended or rescinded as those methods leave it on your record).

plus im worried now that lloyds won that case and have i just basically threw that £120 cort fee into the gutter??

Lloyds didn't win, the claimant lost due to bad paperwork.

Please don't take this as an insult, but if you write to the judge/court using the same sort of English as you did above you may have problems being taken seriously by some of the judges. They do not like having to read bad legalese, they detest having to read bad English let alone text speak. To keep the judge on your side I'd recommend writing any letters with a dictionary by your side.

I realise that it's a product of the school system, but we had a young lady come to our offices as a temporary legal secretary. She lasted about a week as all of the letters she typed had at least one text speak phrase on it. Judges are stick in the muds by-and-large, so do your best not to pee them off.

Kurt_Hamster

louisa81 wrote: »

Thank you but I am a bit confused as to how I can re-phrase-

".... request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid..."

to make it relevant for store/credit card companies as I don't know anything about the terminology :S

Penalty charges or default charges is a reasonable catch-all title.