Reclaim Unfair Bank Charges article discussion Part II

nickmack

haychee wrote: »

Does anyone know what i should do?

You can try for judgement after the 28th day, but MCOL is sometimes a bit behind, so it may not allow you, or it may get rejected if the bank have put in a defence.

Do i need to let the court know??

Yes, let them know the claim has been settled to your satisfaction.

haychee

Hi there
Thanks for your reply.
I am not using MCOL as i am exempt. Does this make any difference for my 28th day dilemma?

Larralacha

marieK wrote: »

Hi
I have received a letter from Lloyds/TSb offering to pay me £750 ( This has also been put into my bank account as a good will gesture!). I was originally claiming back £4000 worth of charges. Should I accept this offer? or take it further?
Please help!!
Marie

Hi Marie,
Do not accept £750 as final payment. A lot of people seem scared by the fact that a bank has won a case.DON'T BE. Once the bank had won the case they paid the customer out the full claim - by doing this the customer could not appeal the decision which would mean the bank would lose. As it stands now the bank can claim victory (by default) and is using this as a scare tactic to put customers off claiming or to get them to accept lower offers.
No bank could afford to go to an appeal hearing as this type of case could set a precedent which they would then be bound by.
Tell them "thank you" for the initial payment, but make them aware that, while this now leaves an outstanding balance of £3250, it will not alter the time scales that you are working towards (ie 40 days before applying to the courts) and that you expect the balance to be paid in full otherwise any court action will also include interest on all charges and costs.
If the general opinion is that banks are offering 90% of the claim, your total should be £3600, which leaves them £2850 short!!!!!!

Larralacha

lucyannexxx wrote: »

hiya, i applied for my charges back on 16th may..gave 5 days for it to be issued making it 21st may, on the 29th may abbey awknowledged the claim...they now have 28 days to file a defence. but is it 28 days from the date they awknowledged (29th may) or 28 from when it was issed (21st may)?
sorry i know its confusing!! lol
thats why i need help....thanks
xxx

Hi Lucyanne,
It's 28 days from the date that it was issued. On MCOL it will not allow you to try for judgement before this date.

LozBingley

haychee wrote: »

Hi there
Thanks for your reply.
I am not using MCOL as i am exempt. Does this make any difference for my 28th day dilemma?

Ring the court to enter a Judgment by Default.

Although on MCOL they are allowed an extra 5 days to allow for post office delays. If the 33rd day falls on a weekend or bank holiday they get an extra day too! Then if you get your Judgment by Default in before the end of the day it can still be rejected if they get a defence in!

But don't worry, I'm sure they will put a defence in at the 11th hour!

haychee

Im fretting - probably uneccessarily (?Spelling)
Do you think i should ring them tomorrow (the 28th day)or saturday (unlikely to be open for business) or Monday? I dont really want them to get the chance to defend the claim as i will then have to wait longer or be looking at a lesser amount.
Thanks
Helen

WeeC

Hi all,

I am currently trying to claim Lloyds for approx 3k worth of charges. I issued the initial letter and got my statements in response. 2nd letter outlining charges was posted and received by Lloyds on 14th May. Having called them daily since the 14 days were up i finally got a response saying that the my case was being reviewed and they would get back to me by 26th June to let me know if they are going to defend or give me some kind of payment as a goodwill gesture.

Should i hang tight until the 26th June or continue to chase? Is this a delaying tactic or is the 40 days + anything significant for them to use in order to get out of this?

Thanks in advance!

mat123_2

Hi Lisa696969,

It would seem that you were at a very similar stage to myself.

Are you saying that you sent a request to the solicitors to settle before court??? If so, how did you do it?

Well done on your win by the way !!!!!!! :beer:

gaolattack

Tee37 wrote: »

Bank Halifax
Amount reclaimed £783.35
Amount paid £934.55

The process began on 23rd March with first letter until today with a letter saying money would be paid into my account in the next 5 days :T

I did the two letters and included interest. Got to court stage, they acknowledged claim and in between sent me a letter to say charges were fair but made no mention of case at court, so i got a bit worried. But letter turned up today, paying charges, plus interest and court costs "without any admission of liability"

:beer: :money: Cheers Martin:j

Tee

how long was it till you got a responce from hailfax when they were served the court papers from MCOL?????

Simon7685

Hi everyone

I am battling Abbey for just over £2700 inc costs. They have defended. Northampton transfered the case to my local court 9 May dispensing with the AQ.

I have contacted the local court who have said the file has been passed to a district judge on 18 May and they will be in touch in due course.

In the meantime I am starting to put together my court bundle rather than waiting for the last minute as it were. A thought occured to me today of writing to the legal department of my bank asking them to provide a full breakdown of their costs to me for my court papers. Obviously they will ignore this request and not supply it but will it look more favourable towards me if the case arrives in court?

I was thinking of including in the request the fact that I am disputing the amount of the charge and not the point of them imposing it and if they were to provide the proof I would be prepared to pay the difference between what they charge and the true amount of their cost.

Does anybody think this is a good idea? Or am I making a mistake? Any thoughts would be appreciated.

Thanks everyone
Simon