Reclaim Unfair Bank Charges article discussion Part II

Edinburghlass_2

To clarify the 8 weeks and the FSA.

All financial institutions are "governed" by the FSA and if the bank receive a complaint, and the banks are calling reclaiming complaints, the bank is given 8 weeks by the FSA in which to resolve the complaint.

If they decide they need more time to resolve this complaint they must write to you within the 8 weeks and give you a good reason as to why they can't resolve this complaint and give you a further date and they must send you the leaflet giving you information on how to complain to the FO as to how your complaint has been handled. This is the complaint procedure for any bank/company/person governed by the FSA.

The banks are not stating here that you must put your reclaim through the FO as this is a reasonably new venture for the FO in that they will see your reclaim through to a conclusion once you have dealt with the banks for 8 weeks.

So basically... follow your timescale as set out in Martin's article unless of course you read in the relevant bank thread that your bank may well negotiate before taking the case to court

COPPERHEADJACK_2

Ok. I am about to fill in the papers for the court to reclaim my charges from the halifax, but after reading that the Lloyds tsb won a case due to bad paperwork from the claiment I am really unsure about how to fill them in for the best.

Can anyone tell me how to fill them in correctly and what I need to send with them.

Don't want to be another being thrown out for bad paperwork.

Help help help.

Djay17

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.


No offence taken, I am more than capable of writing a letter with correct grammar. Just didn’t think anyone would comment on it in forum chat.
I wasn’t aware of the facts of that Lloyds TSB case I just seen it on the news momentarily. All my paper is 100% and trust me I am keeping it extremely safe.

Thank you for your help and advise.

elliedvc

My bank has made me an offer of £40 in settlement of a claim for just under £200. I find this a bit insulting but wonder if I'll have any success with a letter threatening court action - does anyone have any thoughts? Thanks!

sarahmoon_2

You could write back accepting the £40 as partial settlement but telling that you intend to proceed with Court action for the rest. I'm pretty certain that there'll be a template letter somewhere.

Djay17

Thank you, i just signed up with the creditexpert, just having to wait for a pin before im able to check my score. i only have 4direct debits and they always get paid on time so i cant see the defult coming from any of them. ill just wait and see. but thank you again for your help

solarkatie

Can anyone tell me an address or anything about Providian? My son has/had an account with them and I have trawled the Internet for an address to no avail . I believe it is part of the Barlays Group and may have amalgamated with Monument?

Barclays have so many "Departments" going under different names that I am finding it confusing preparing the case for court. I have today discovered yet another "subsidiary" called "Dual Prime" Any ideas?:mad:

Barclays have summoned us whilst we awaited a response to a complaint sent to their complaints dept and being advised by them that this would be looked into and that they would get back to us. They did get back to us by almost immediately issued a summons 8 days later! :mad:

IS THIS A NEW TACTIC BARCLAYS ? :money: :money:

We have obviously counterclaimed! so there!

Has anyone else out there had this done to them? i.e. the bank finds out that you are taking action and then beats you by sending a summons before you have had chance?

Night_Owl_2

Hi all,
have just had my court letter against Lloyds acknowledged. Am reading up on court bundles. Where can I get a copy on the banks Terms and Conditions? Do I just print off one on their web site which is up to date or do I need one from when I started my account with Lloyds (1977!) or from the last 6 years which is what I am claiming?
Getting really nervous now but going to get myself well prepared.

COPPERHEADJACK_2

solarkatie wrote: »

Can anyone tell me an address or anything about Providian? My son has/had an account with them and I have trawled the Internet for an address to no avail . I believe it is part of the Barlays Group and may have amalgamated with Monument?

Barclays have so many "Departments" going under different names that I am finding it confusing preparing the case for court. I have today discovered yet another "subsidiary" called "Dual Prime" Any ideas?:mad:

Barclays have summoned us whilst we awaited a response to a complaint sent to their complaints dept and being advised by them that this would be looked into and that they would get back to us. They did get back to us by almost immediately issued a summons 8 days later! :mad:

IS THIS A NEW TACTIC BARCLAYS ? :money: :money:

We have obviously counterclaimed! so there!

Has anyone else out there had this done to them? i.e. the bank finds out that you are taking action and then beats you by sending a summons before you have had chance?

WHAT HAVE THEY SENT YOU A SUMMONS FOR ???
ARE THEY CLAIMING SOMETHING FROM YOU ?

COPPERHEADJACK_2

Do I Need To Include A List Of Charges With My Application
What Should I Write In The Particulars Of My Claim??