Reclaim Unfair Bank Charges article discussion Part II

cyberman_3

monkeymax wrote: »

I'm a bit confused with the MCOL system. I have today recieved my reply to my MCOL claim to Barclays. It gives me a court date in June in Northampton, however i live in Surrey!!
Seems a long way to go but i'm determined to be present at every part of this case. Do i need to turn up here?
Also Barclays haing been given until 18th June to defend. If they don't do i just win automatically?

Ask the court to transfer it to your local court

Edinburghlass_2

cyberman wrote: »

Ask the court to transfer it to your local court

Its not a case of asking the court to transfer it, this is done automatically. All cases via MCOL start at Northampton as this is the nearest court to MCOL. Once a defence has been entered the case is then transferred to the court nearest the claimant.

monkeymax

Edinburghlass wrote: »

Its not a case of asking the court to transfer it, this is done automatically. All cases via MCOL start at Northampton as this is the nearest court to MCOL. Once a defence has been entered the case is then transferred to the court nearest the claimant.

ah yes thats makes more sense now. So they should end up nearer me?
And if Barclays don't defend (which i know they most probably will), do i then win by default or is it still down to a judge's decision?

geoff1057

Hi could anyone tell me if i need to send an LBA ????,as iv just phoned Barclays,they didnt want to know and so i told them that iam starting court action,.. and if i do is there a template for this letter , thank you

MimiJane

geoff1057 wrote: »

Hi could anyone tell me if i need to send an LBA ????,as iv just phoned Barclays,they didnt want to know and so i told them that iam starting court action,.. and if i do is there a template for this letter , thank you

You can't start MCOL 'til 28 days after you first request a refund by letter. All the letters are in Martin's step-by-step instructions which you get to through the home page.

louisa81

Me again :rolleyes2

I just read through my (many, many, many) letters that i'm about to send off to store and credit card companies and am unsure of the following paragraph

"Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law"

I've noticed both on here and on the CAG site that most companies do not require the £10 cheque.
Should I just leave this out? and if so, how best to edit the paragraph?

DelosFive_2

I've not been able to find a *clear* indication as to whether the Banks have the 'right' to make you wait 8 weeks for a decision.

I put in my claim on the 9th of May and have had an acknowledgement. Two weeks passed and I sent the second letter.

Now the 14 days are up and the Bank are insisting I have to wait for 8 weeks 'in accordance with the FSA guidelines (to which we volunteered to adhere to)'.

Are they just putting me off? Should I instate the court process now?

Kurt_Hamster

DelosFive wrote: »

I've not been able to find a *clear* indication as to whether the Banks have the 'right' to make you wait 8 weeks for a decision.

The answer to this is in the help stickies at the top of page one, but I'll explain.

The Financial Ombudsman complaints procedure allows the banks 8 weeks to solve any problems that a bank customer has. After that time the FO will take on your complaint for you.

The banks are using this as a means of forestalling claims for unlawfully appropriated monies. They are not distinguishing between a complaint and a request for refund.

I put in my claim on the 9th of May and have had an acknowledgement. Two weeks passed and I sent the second letter.

Now the 14 days are up and the Bank are insisting I have to wait for 8 weeks 'in accordance with the FSA guidelines (to which we volunteered to adhere to)'.

They are insisting because some people believe them.

If your intended reclaim path is via the court then you can safely ignore the 8 week limit. If you intend complaining via the FO then yes you do have to wait the 8 weeks.

Are they just putting me off? Should I instate the court process now?

You do what ever you feel you should do.

Please read...

http://forums.moneysavingexpert.com/showthread.html?t=400981

and

http://forums.moneysavingexpert.com/showthread.html?t=464014

geoff1057

MimiJane wrote: »

You can't start MCOL 'til 28 days after you first request a refund by letter. All the letters are in Martin's step-by-step instructions which you get to through the home page.

sorry my fault for not giving all the facts (just come off the phone to Barclays,still a little angry, ) my second letter threatening court action was sent 15th May, and i got no response, so i have phoned them to ask about refunding my charges ,and why they havnt bothered to reply to my second letter. their reply was ,we wil get back to you in 4-6 weeks, so i said that i would begin court action. and i ask do i need to send an LBA ,before i start proceedings , and if i do ,is there a template for the LBA

Kurt_Hamster

If you've already sent 2 letters threatening court action then effectively you have already sent them an LBA.

If you are ready for court, then go for it now.