Reclaim Unfair Bank Charges article discussion Part II

Bollinge

Nationwide

Amount claimed: £450.00

Amount paid (so far): £208

Wrote twice to them asking for a list of charges. Received two patronising brush-off standardised letters and no list of charges.

Worked out amount owing from my own Microsoft Money program's records and Martin's interest calculator. Sent my own "letter before legal proceedings" to their litigation department and received a third patronising brush-off letter in reply.

Issued County Court Summons via MCOL. Nationwide acknowledged service on 3rd May. They had 28 days from then before I could request judgment on 31st May.

On 29th May a mysterious "correction" of £208 arrived in my account. On 30th May they lodged a defence with MCOL and the system says I can't view anything else on-line, will have to wait for hard copy of the defence to come through the post, to see what it says.

Have no doubt the rest of the money will be forthcoming, but they are determined to string things out as long as possible hoping we will be fobbed off and fall by the wayside.

This is a mutual Building Society and I find this treatment of its Members reprehensible.

P.S. I have now received Nationwide's defence.

They claim that they have repaid £208 in charges plus £50 costs and that is everything refunded. But as stated above they only paid £208.

Since they didn't send me their calculation of the charges levied, despite being asked twice, I will now have to proceed with the claim in court. The District Judge can get his calculator out to work out what I am owed.

I'll get the case transferred to my local court - that'll cost 'em more than £250 for a half day's worth of Solicitor's charges plus travelling expenses.

Bring it on!

What a complete and utter waste of the Building Society Members' money.

nickmack

jamesds wrote: »

Hi can someone let me know if we can get money back on are credit cards aswell. it dose not seem too clear on that.

http://forums.moneysavingexpert.com/showthread.html?t=460140

Palerie-head

steveh66 wrote: »

Hello everyone

first time posting, so apologies if A) this has been asked elsewhere, and I don't put my question as clearly as others.

Anyway, I've just started my claim against HSBC for over three grand (and with a baby due any day it's much needed!) and the recent Judge Bewick (sorry if that's misspelled) decision, and more latterly cases being struck out in Hull, strikes me that we probably need to focus on the tricks the banks will utilise in their defences a bit more. One thing strikes me: is it worth asking the bank (or their solicitors) to produce a transparent justification of their costs in administering returned cheques/ unpaid standing orders, etc? I don't doubt for a minute that they'll flatly refuse, but it may make our cases look somewhat more favourable, given that, in doing so, they're surely refusing to offer any evidence to support their claim that these charges are reasonable, irrespective of whether they couch them as default fees or service fees? The way I understand it, it doesn't matter so much whether charges are termed fees/penalties/service fees or anything else, more that they can be proven to be reasonable if they relate to breaches of contract.

Anyhow, just a thought! Any comments would be much appreciated. Fantastic site and thanks for the inspiration!

Well that seems sensible to me - I think I'll do this just incase I do end up in court, something else to show the judge isn't it? Good luck. :beer:

skyjuice

Has any person received a settlemnt from Lloyds TSB?

pcg_2

Time to give up perhaps

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Should I give up .....started claiming from Lloyds and now at local court but have a problem, part of the wording in their defence

Insofar as part of the Claimants claim is based on charges levied on their account prior to six years from the date of issure of the claim that is 19.4.2001, this part of the claim is statute barred by sction 5 of the limitation act 1980. The Defendant is unable to verify the amount claimed prior to the 19.2.2001 as the particulars of claim does not show how the amount claimed is arrived at.

The claimants claim is denied in its entirety . It is further denied that the Claimants entitled to the sum claimed or to any sum from the bank
Unsure what this means as took all info from statements received from them.

I took all infomation from the statements they sent to me and started my claim 19th April 07

I seemed to have made an stupid error, is all lost?

Letsgetem

pcg wrote: »

Time to give up perhaps

---

Should I give up .....started claiming from Lloyds and now at local court but have a problem, part of the wording in their defence

Insofar as part of the Claimants claim is based on charges levied on their account prior to six years from the date of issure of the claim that is 19.4.2001, this part of the claim is statute barred by sction 5 of the limitation act 1980. The Defendant is unable to verify the amount claimed prior to the 19.2.2001 as the particulars of claim does not show how the amount claimed is arrived at.

The claimants claim is denied in its entirety . It is further denied that the Claimants entitled to the sum claimed or to any sum from the bank
Unsure what this means as took all info from statements received from them.

I took all infomation from the statements they sent to me and started my claim 19th April 07

I seemed to have made an stupid error, is all lost?

hi pcg

It would appear that you have included charges for longer than the allowed 6 years. This is what they mean by "this part of the claim is statute barred by section 5 of the limitation act 1980."

If you have any charges from today, dating back no more than 6 years, you will need to re-calculate them, best to do it using the bank charges calculator on the right.

Good luck and keep on trying

Letsgetem

pcg_2

Help
part of the wording in their defence

Insofar as part of the Claimants claim is based on charges levied on their account prior to six years from the date of issure of the claim that is 19.4.2001, this part of the claim is statute barred by sction 5 of the limitation act 1980. The Defendant is unable to verify the amount claimed prior to the 19.2.2001 as the particulars of claim does not show how the amount claimed is arrived at.

The claimants claim is denied in its entirety . It is further denied that the Claimants entitled to the sum claimed or to any sum from the BANK

Unsure what this means as took all info from statements received from them.
Appear I may have made a stupid mistake
Should I give up?

---

pcg_2

Letsgetem wrote: »

hi pcg

It would appear that you have included charges for longer than the allowed 6 years. This is what they mean by "this part of the claim is statute barred by section 5 of the limitation act 1980."

If you have any charges from today, dating back no more than 6 years, you will need to re-calculate them, best to do it using the bank charges calculator on the right.

Good luck and keep on trying

Letsgetem

All this may be too late as already in the court system awaiting a date

Ma77g

Letsgetem wrote: »

hi pcg

It would appear that you have included charges for longer than the allowed 6 years. This is what they mean by "this part of the claim is statute barred by section 5 of the limitation act 1980."

If you have any charges from today, dating back no more than 6 years, you will need to re-calculate them, best to do it using the bank charges calculator on the right.

Good luck and keep on trying

Letsgetem

Surely theres no other option than to supply charges in the initial letter to the bank dating back 6 years AT THAT DATE. You can't tell at that point when or if a claim might be issued later. If you reach the stage of a claim in the court and then supply a different set of figures from that you originally supplied the bank when asking for a refund, doesn't that scupper your claim? I've not seen any advice on this or other sites to change the date range of amounts being claimed at the time of issuing a claim. Have I missed it?

sandi07

Hi skelch

I'm doing my partners charges and we got as far as issuing judgement by default and then got a letter saying it had not gone through! We've since had Foot ansty sols letter so I presume we just keep going! Why have the 14 day rule on mcol then just let them enter a defence ! Getting worried now as we're doing 2 accts totalling £10,000(inc interest)!