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  • FIRST POST
    • maniac886
    • By maniac886 13th Nov 06, 5:12 PM
    • 3,473Posts
    • 2,302Thanks
    maniac886
    Reclaim Bank Charges Help Thread
    • #1
    • 13th Nov 06, 5:12 PM
    Reclaim Bank Charges Help Thread 13th Nov 06 at 5:12 PM
    ***Board Guide Comment***

    There are fourteen posts in this thread.

    POST 1
    Gives you the address to send your first letter requesting your bank statements under the Data Protection Act.

    POST 2
    Tells you where you can send the next two letters of the process.

    POST 3
    Gives you the registered addresses of the banks, and is the address you use for the banks when you issue your court claim (this is the address you fill out on the court claim form for the bank).

    POST 4
    The fourth post has been added to help you understand which charges you can/cannot claim for once you get your statements back.

    POST 5
    Gives you the link to a thread on opening a basic bank account.

    POST 6
    Tells you which court to use, and gives a link to find your local courts.

    POST 7
    Covers courts costs. It contains a link so you can see how much a court claim will cost depending on the amount of your claim. There is also a link to court fee exemptions (some people may be able to claim in court for free).

    POST 8
    Is a guide to filling out the Allocation Questionnaire.

    POST 9
    List of the Main Bank threads and other main threads

    POST 10
    Gives a bit more detail about interest, and what you can/cannot claim for.

    POST 11
    A short start up guide

    POST 12
    FAQ

    POST 13
    Timings for MCOL

    .................................................. ......................................


    Please make the cheque for 10 payable to the bank/building society or credit card that you are claiming from. If you don't have a cheque book, you can send a postal order instead.


    Hi guys, in most cases the initial letter you will have to send to your bank will be a Data Protection Act Request. This will allow you to obtain 6 years of previous statements for a fee depending on each bank. They have 40 days to send you this data.The relevant addresses are all here, if they are incorrect please inform me and I will change them!

    Abbey
    Data Protection Manager
    Data Protection Team
    Regulatory Compliance
    Abbey House
    201 Graftons Gate East
    Milton Keynes
    MK9 1AN

    Alliance & Leicester
    Customer Contact Centre
    Bootle
    Merseyside
    GIR 0AA

    American Express Services Ltd
    PO Box 68
    Brighton
    BN2 1YL

    Bank of Scotland aka HBOS
    Date Protection Manager
    Trinity Road
    Halifax
    West Yorkshire
    HX1 2RG

    Barclays Bank
    Barclays Data Protection
    Radbroke Hall
    Knutsford
    Cheshire
    WA16 9EU

    Barclaycard
    Data Protection Team
    Dept LRC
    Barclaycard
    Northampton
    NN4 7SG

    Bradford & Bingley
    Data Protection Team H18
    PO Box 88
    Croft Road
    Crossflatts
    Bingley
    West Yorkshire
    BD16 2UA

    Cahoot
    Friars House
    Manor House Drive
    Coventry
    CV1 2TE

    Capital One
    Legal Compliance Specialist
    Capital One Bank (Europe) plc
    Trent House
    Station street
    Nottingham
    NG2 3HX

    CitiCards
    Richard Cooke
    Data Protection Officer
    Citi Cards
    CitiFinancial Europe plc
    1 Exchange Quay
    Salford
    Manchester
    M5 3EA

    Clydesdale Bank
    Clydesdale Bank Customer Relations
    20 Waterloo Street
    Glasgow
    G2 6DB

    Cooperative Bank Plc
    Customer Feedback
    4th Floor
    Miller Street
    Manchester
    M60 0AL

    Coventry Building Society
    PO Box 9
    High Street
    Coventry
    CV1 5QN

    Egg
    Riverside Road
    Pride Park
    Derby
    DE99 3GG

    GE Money/Finance
    Sarah Wainwright
    Data Protection Administration
    GE Money
    PO Box 700
    Leeds
    LS99 2BD

    Or

    Customer Services
    The GM Card
    PO Box 3615
    Birmingham
    B3 2RJ

    Halifax Bank
    Data Protection Manager
    Trinity Road
    Halifax
    West Yorkshire
    HX1 2RG

    Halifax Credit Cards
    FAO Data Protection Officer
    Halifax Card Services
    Pitreavie Business Park
    Dunfermline
    Fife
    KY99 4BS

    HSBC Bank
    FAO Data Protection Controller
    8 Canada Square
    London
    E14 5HQ

    Lloyds Bank
    Swallow House
    10 Swallow Street
    Birmingham
    B1 2AL

    Marbles
    FAO Data Protection Officer
    120 Edmund Street
    Birmingham
    B3 2QZ

    MBNA Europe Bank Ltd
    Stansfield House
    Chester Business Park
    Chester
    Cheshire
    CH4 9QQ

    Monument Credit Card Services
    Barclaycard
    The Portland Building
    25 High Street
    Crawley
    RH10 1BG

    Natwest
    Retail Regulatory Risk
    2nd Floor
    Cornerstone
    60 South Gyle Crescent
    Edinburgh
    EH12 9WF

    Nationwide
    Data Protection Team
    Nationwide Building Society
    Kings Park road
    Moulton Park
    Northampton
    NN3 6NW

    Royal Bank of Scotland
    Data Protection Team Customer Relations Services Unit
    1st Floor Drummond House
    Redheughs Avenue
    South Gyle
    Edinburgh
    EH11 9JN

    Smile
    Smile Co-operative Bank
    1 Balloon Street
    Manchester
    M60 4EP

    Tesco Credit Card
    PO Box 6050
    Southend-on-Sea
    SS99 1WL

    Woolwich Openplan Customer Contact Centre
    Jackson House
    Jackson Road
    Clacton On Sea
    Essex
    CO15 1WH

    Yorkshire Bank
    Advice Quality Unit
    Charges Unit
    3rd Floor
    Brunswick Point
    Leeds
    LS2 9BH




    Hope this helps!
    Last edited by Former MSE Wendy; 03-02-2010 at 2:16 PM.
Page 1
    • maniac886
    • By maniac886 13th Nov 06, 5:13 PM
    • 3,473 Posts
    • 2,302 Thanks
    maniac886
    • #2
    • 13th Nov 06, 5:13 PM
    • #2
    • 13th Nov 06, 5:13 PM
    Once you've got your statements back. You need to write to your bank and ask them for the charges you are reclaiming (sending a list of the charges with the letter). These letters (including templates) are covered in step 3 of Martins article.

    For this section of your claim, you can send the letters to your local branch. Don't forget to send all your letters recorded/registered post. This way you have proof they received them.
    Last edited by Former MSE Wendy; 03-02-2010 at 1:36 PM.
    • Rex_Mundi
    • By Rex_Mundi 15th Nov 06, 7:40 PM
    • 5,398 Posts
    • 4,586 Thanks
    Rex_Mundi
    • #3
    • 15th Nov 06, 7:40 PM
    Registered adresseses for the banks
    • #3
    • 15th Nov 06, 7:40 PM
    UPDATE

    The advice we have given before is to use the banks registered address for the court papers. If you have already done this, it's fine. The advice from the courts service when issuing a claim is to always use the registered address of the company you are making a claim against........................

    However..............

    Because we are talking about major international companies here. You can also use your local branch address for the court claim. The biggest impact the address has, is if your claim gets as far as sending the bailiffs in. They could recover any property from your local branch to cover the amount of any claim. The recent story in the press about bailiffs being sent to the bank involved a local branch.

    The registered addresses are listed below for anyone that wants to use them.

    ABBEY NATIONAL PLC
    ABBEY NATIONAL HOUSE
    2 TRITON SQUARE
    REGENT'S PLACE
    LONDON
    NW1 3AN

    ALLIANCE & LEICESTER PLC
    CARLTON PARK
    NARBOROUGH
    LEICESTER
    LE19 0AL

    HBOS aka BANK OF SCOTLAND
    THE MOUND
    EDINBURGH
    EH1 1YZ

    or

    HALIFAX PLC
    TRINITY ROAD
    HALIFAX
    WEST YORKSHIRE
    HX1 2RG

    BARCLAYCARD
    Customer Relations Department,
    1234 Pavilion Drive,
    Northampton,
    NN4 7SG

    BARCLAYS BANK PLC
    1 CHURCHILL PLACE
    LONDON
    E14 5HP

    CAHOOT
    FRIARS HOUSE
    PO Box 1981
    COVENTRY
    CV1 2ZD

    CAPITAL ONE SERVICES INC
    TRENT HOUSE
    STATION STREET
    NOTTINGHAM
    NG2 3HX

    CLYDESDALE BANK PLC
    30 ST VINCENT PLACE
    GLASGOW
    G1 2HL

    CO-OPERATIVE BANK PLC
    PO BOX 101
    1 BALLOON STREET
    MANCHESTER
    M60 4EP

    EGG
    Citigroup Centre
    Canada Square
    London
    E14 5LB

    HALIFAX PLC
    TRINITY ROAD
    HALIFAX
    WEST YORKSHIRE
    HX1 2RG

    HFC BANK LIMITED
    120 EDMUND STREET
    BIRMINGHAM
    B3 2Q2

    HSBC BANK PLC
    8 CANADA SQUARE
    LONDON
    E14 5HQ

    INTELLIGENT FINANCE
    1 Baird Road
    Kirkton Campus
    Livingston
    EH54 7AZ

    or

    Trinity Road
    Halifax
    West Yorkshire
    HX1 2RG

    LLOYDS TSB BANK PLC
    25 GRESHAM STREET
    LONDON
    EC2V 7HN

    NATIONWIDE BUILDING SOCIETY
    NATIONWIDE HOUSE
    PIPERS WAY
    SWINDON
    SN38 1NW

    NATIONAL WESTMINSTER BANK PLC
    135 BISHOPSGATE
    LONDON
    EC2M 3TP

    NATWEST CREDIT CARDS
    Cards Customer Services
    PO Box 5747
    Southend-on Sea
    SS1 9AJ

    NORTHERN BANK LIMITED
    DONEGALL SQUARE WEST
    BELFAST
    BT1 6JS

    ROYAL BANK OF SCOTLAND PLC
    36 ST ANDREW SQUARE
    EDINBURGH
    EH2 2YB

    or

    ROYAL BANK OF SCOTLAND PLC
    RBS Litigation
    1 Princess Street
    London EC2R 8PB

    SAINSBURYS BANK
    33 Holborn
    London

    WOOLWICH
    1 CHURCHILL PLACE
    LONDON
    E14 5HP

    YORKSHIRE BANK PLC
    20 MERRION WAY
    LEEDS
    LS2 8NZ


    However if you are using MCOL you have to use an address in England or Wales for your bank and if the registered address is in Scotland such as the Royal Bank of Scotland then use your local branch address if this is in England or one of the main London addresses.

    As regards store cards and catalogue companies if you don't have a statement giving an address usually if you Google you will find an address for the company.
    Last edited by Former MSE Wendy; 03-02-2010 at 1:38 PM.
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    • Rex_Mundi
    • By Rex_Mundi 3rd Dec 06, 1:49 PM
    • 5,398 Posts
    • 4,586 Thanks
    Rex_Mundi
    • #4
    • 3rd Dec 06, 1:49 PM
    List Of Charges We Can Reclaim
    • #4
    • 3rd Dec 06, 1:49 PM
    The following is a list of Bank charges that we can and cannot claim for. Different banks may have different names for the same type of charge, if you are unsure about a charge phone your bank and ASK.

    CAN BE CLAIMED

    Account misuse fee
    Cheque return fee
    Card misuse fee
    Unarranged borrowing fee
    Unauthorised overdraft fee
    Unpaid DD fee
    Unpaid cheque fee
    Unpaid standing order fee
    Late payment fee (credit cards, store cards, catalogues etc)
    Exceeding Authorised Overdraft Limit
    Exceeding Unauthorised Overdraft Limit
    Direct Debit/Standing Order/Cheque returned fee
    Irregular fee
    Paid refferal fee
    Total charges (HSBC personal accounts only, not business accounts)

    CANNOT BE CLAIMED

    Cash Machine Withdrawl Fees
    Account Service Charges
    Service Fee / Annual Fee
    Charges related to foreign currency transactions and conversions
    Monthly account fees on certain type of accounts
    Normal overdraft interest charges

    Last edited by Former MSE Wendy; 03-02-2010 at 1:40 PM.
    How many surrealists does it take to change a lightbulb?
    ...
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    ...
    Fish
  • Edinburghlass
    • #5
    • 3rd Dec 06, 2:30 PM
    • #5
    • 3rd Dec 06, 2:30 PM
    Another question often asked is opening a parachute account.

    Check out this thread regarding Basic Bank Account.
  • Edinburghlass
    • #6
    • 12th Dec 06, 8:44 AM
    • #6
    • 12th Dec 06, 8:44 AM
    Another question often asked is "what court" shall I put in the letter. You can either leave it out altogether and your local court will be allocated or have a look at this site posted by Rex. This applies to England and Wales, different rules apply in NI and Scotland, please follow the links in Martin's article to the websites suitable for NI and Scotland.

    ***A NOTE TO EVERYONE***

    This question keeps coming up. It will be your local COUNTY court. If you don't know the nearest one to you, go to THIS SITE and find your local one. The site will give you all the details you will need for your local court (address, phone number, etc). Scroll down to your local court, click it to highlight it, and click the 'get court details' button.
    Last edited by Former MSE Wendy; 03-02-2010 at 1:40 PM.
  • Edinburghlass
    • #7
    • 2nd Jan 07, 12:51 PM
    • #7
    • 2nd Jan 07, 12:51 PM
    Cost of going to court.

    Use the Moneyclaim website in England and Wales (there's also the Northern Ireland Courts online) which can be used for starting most county court money claims, just go there and fill in the form. There’s a starting fee of between 25 and 100, depending on the size of your claim, which can be paid by a credit or debit card; though it’s refunded if, and hopefully when, you win. If you don’t have plastic to pay on, get the paperwork to start the claim from your local county court and pay there; it’s the same price. This may be waived if you’re on benefits.

    Please read from Preparing for Trial for any further costs.

    Link for court costs is here.

    Link for exemptions is here.

    Link for Scottish Court costs and guide
    Last edited by Former MSE Wendy; 03-02-2010 at 1:45 PM.
    • Rex_Mundi
    • By Rex_Mundi 2nd Jan 07, 11:38 PM
    • 5,398 Posts
    • 4,586 Thanks
    Rex_Mundi
    • #8
    • 2nd Jan 07, 11:38 PM
    • #8
    • 2nd Jan 07, 11:38 PM
    When you issue a court claim, your bank has an opportunity to enter a defence. If they do, the court will write to tell you which court your case will be dealt in (if you claimed online), and they send you an Allocation Questionnaire to fill in. You dont need to put your whole case with this form. It is only to help the judge manage your case (witnesses needed, dates available, disclosure etc).

    Seeing as quite a few people have now issued a court claim, and are getting to this stage. Here's a guide to filling out the Allocation Questionnaire......



    A)....Settlement
    Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

    By giving the bank time to settle your claim in your two previous letters, you have already given them ample time to try to resolve your claim. There is no need to give them any more time to settle. Tick NO for this section.

    B)....Location of hearing
    The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard?

    If the return address for this form is your local court, tick NO. If for any reason the address is somewhere else (a distant court), tick YES. Then use the box to state that you are a private individual claiming against a company that conducts their business in your area, and the claim should be heard locally to you.

    C)....Track
    Do you agree that the small claims track is the most suitable track for this claim?

    It is far better/easier for claims to go through the small claims track. Tick YES for this section.

    D)....Witnesses
    So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

    Do not count yourself or any expert witnesses you may call on for your case. Typically, you would enter 0 here.

    E)....Experts

    Do you want permission to use an expert's report at the hearing?

    Typically you would tick NO for this section.

    F)....Hearing

    Are there any days within the next four months when you, an expert or a witness will not be able to attend court for the hearing?

    If you are going to be free in the next four months, tick NO. If you have any holidays booked (or will be unnavailable for any other reason), tick YES and put the dates you wont be free on. Also in this section, let the court know if you will be using any interpreter at the hearing.

    G)....Other Information

    In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

    In this section, you can put details that will help the judge manage your claim. You don't need to state your whole case here (that will come at a later stage). If your claim is for more than £5000, you can provide any reasons you think this case is more suitable for the small claims track. It is important in this section to ask the judge to order standard disclosure. The judge has the power to ask your bank to provide evidence of their actual costs at the hearing regarding your bank charges. If the judge orders standard disclosure, chances are that any bank would be willing to settle before the hearing because no bank has been willing to reveal their true costs in court as yet.

    For section G. The following is the wording that has been recommended over at www.consumeractiongroup.co.uk

    .................................................. .....

    I believe this case will last no longer than one hour.

    I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

    However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

    Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.


    .................................................. ......

    They have also been recommending a different way of filling in section G over on THIS THREAD (you need to be logged into the site to read read the thread, it's free to join). If you use this second method, it could make the claim shorter (it is a very good tactic). However, it would need more work on your behalf, and I advise you to use this method only if you fully understand what it requires of you.
    Last edited by Rex_Mundi; 11-01-2007 at 3:40 PM.
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    ...
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    ...
    Fish
  • Edinburghlass
    • #9
    • 2nd Feb 07, 11:14 PM
    Main Banks threads, find them here!
    • #9
    • 2nd Feb 07, 11:14 PM
    Abbey National

    American Express

    Alliance & Leicester

    Bank of Scotland aka HBOS

    Barclays Bank

    Barclaycard

    Bradford and Bingley

    Capital One

    Citicards

    Co-operative Bank

    Clydesdale Bank

    Egg

    First Direct

    Halifax

    HSBC

    Intelligent Finance

    LloydsTSB

    MBNA

    Mint

    Monument

    Nationwide

    NatWest

    Northern Rock

    Norwich and Peterborough

    Royal Bank of Scotland

    Smile

    Tesco

    Woolwich

    Yorkshire

    Finance Companies
    Last edited by Former MSE Wendy; 03-02-2010 at 2:12 PM.
    • Rex_Mundi
    • By Rex_Mundi 10th Feb 07, 12:54 PM
    • 5,398 Posts
    • 4,586 Thanks
    Rex_Mundi
    Interest....Some Facts
    Questions about interest come up a lot, and there seems to be some confusion about what can and cannot be claimed.

    There are two types of interest to keep in mind, contractual interest, and statutory interest.

    Contractual interest

    This is what you see on your bank statements charged by the bank when you go overdrawn. It appears on your statement as 'INTEREST', or 'INT'.

    There are normally two different interest rates charged. A lower rate is charged when you are overdrawn, but still within your agreed overdraft limit. Under no circumstances can this interest be reclaimed. There is a higher rate of interest (up to 29.9%) charged when you go over your overdraft limit (unnauthorised overdraft). This is a bit trickier to deal with. You cannot claim any of this interest if your spending has caused you to go over your overdraft limit, but you can claim this interest on any bank charges that have caused this. The problem with this is working out the interest only on the charges. It can be difficult to get right, and you have to be very accurate with your figures in case the bank at any stage challenges them. Generally, most people don't claim this interest.

    Statutory interest

    This is the 8% interest people are claiming on top of their bank charges. It is not anything to do with reclaiming your charges, or the banks. It is allowed for claims in the county court. This is allowed under s69 County Courts Act.

    In his article, Martin recommends adding this interest from the beginning of the claim, but he also mentions that you are not entitled to this interest until you issue a court claim. Untill the court claim, you are using this as a bargaining chip......

    Quote from the article..........

    If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling.

    You may get lucky and get the interest on top, but even if not, the legal feedback I've had is that it’s one route to pushing the bank to settle quickly so it can offer to pay you without the interest. Of course there is a risk that asking for too much makes them less likely to settle too - sadly this is an art not a science. This isn't an easy concept so I've recorded a quick audio file which may help explain it.
    For those who do want to ask for interest, I’ve had the calculator below specially built to work it out for you and included it as an option in the template letters later. However, if you'd prefer to play safe simply ask for the charges without interest in the early stages.

    This means that if you add on the interest at the beginning (steps 3 and 4 of Martins article), and the bank offers you the full amount of your charges, but no interest. You MUST accept the offer. This is the maximum you would be entitled to up until you issue a court claim. Before you issue a court claim, if you turn down an offer for the full amount of your charges because the bank hasn't offered the interest as well. You will weaken any claim you make in court. At the very least, you will most likely lose any claim for interest and the court fee if the bank defends this in a hearing.

    Edited to add, have a listen to Martin's audio file regarding using the interest as a bargaining tool, sometimes you can read too much and listening to Martin simplifies it.

    Read this thread by Martin...

    http://forums.moneysavingexpert.com/showthread.html?t=476403
    Last edited by Former MSE Wendy; 03-02-2010 at 1:50 PM.
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    ...
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  • Edinburghlass
    A short start up guide...
    You need to start by reading Martin's article and then reading it all over again!


    Follow the steps by first of all getting all your information/statements by using the "Ask for charge details" letter. Its important you use this letter and don't just go asking for statements from your bank as they can and do charge per statement.

    Once you have this information you then need to input each and every claimable charge, see post 4 in this thread into the Interest Calculator, link above, along with the date and description of each charge. Again it is important this is accurate as this will form your defence should you end up taking your bank to court. This needs to be sent to the bank with your first letter asking for the return of your charges. If you don't get the response you want you need to send off the next letter and follow the steps through.
    Last edited by Former MSE Wendy; 03-02-2010 at 1:51 PM.
    • nickmack
    • By nickmack 21st Feb 07, 1:24 PM
    • 4,406 Posts
    • 1,724 Thanks
    nickmack
    Frequently Asked Questions (FAQ)
    The bank have told me it will cost 5 per statement requested to get my charge details, what can I do?
    You must make the request under the Data Protection Act, there is a maximum charge of 10 payable for all information held.
    http://forums.moneysavingexpert.com/showthread.html?t=364035

    I have more than one account with a bank do I have to send separate letters and cheques?
    No, one letter and one cheque
    http://forums.moneysavingexpert.com/showthread.html?t=364761&page=3

    40 Days and no information/statements
    http://forums.moneysavingexpert.com/showthread.html?t=467452

    Can I claim on closed accounts?
    Yes you can.
    http://forums.moneysavingexpert.com/showthread.html?t=443765

    The bank have told me it will take x number of weeks to investigate my complaint, shall I wait?
    No, if you have followed the templates, you have given them sufficient time at each stage to resolve the matter. Continue with your timetable.
    http://forums.moneysavingexpert.com/showthread.html?p=4888980

    Has anyone been successful claiming from x bank?
    Virtually every UK bank has repaid charges, even if they haven't the principle applies to all banking institutions and therefore following the process should allow you to claim your charges back.

    I have sent the first letter and haven't had a response within the timescale, do I now send the second letter?
    Yes

    I have sent the second letter and haven't had a response within the timescale, do I now start the FOS complaint/court claim?
    Yes

    I haven't heard anything, should I phone up and chase the bank?
    Generally it's better to communicate by letter only, however if you're confident you know what you're doing, some people have had success in speeding up the process by calling.

    I can't afford the court fee, what can I do?

    If you meet certain criteria, you may be eligible for a reduced fee or complete exemption. See this link for details:
    http://www.hmcourts-service.gov.uk/infoabout/fees/exemption/index.htm

    I'm scared I might end up in a court room, what are the chances?
    It's unknown at this time whether you will actually get as far as appearing in court, you should be aware that a possibility does exist though.

    Will the bank close my account if I claim?
    Maybe, some banks have in the past, there seem to be no hard and fast rules. You need to be prepared in case this happens including making arrangements to pay off any overdraft facility.

    What happens if the bank do close my account?
    At the present, it's unlikely you will perusade them otherwise, however you can complain to the Financial Ombudsman who have forced a bank to pay compensation to a customer whose account was closed. Before you go to the FOS, you must first exhaust the banks internal complaints procedure.

    Will the bank demand repayment of my loan/mortgage etc I have with them when I claim?
    If the payments are up to date, it's unlikely they will do this as they're covered under a seperate agreement.

    The bank have offered me a part of my claim, should I accept it?
    This is a personal decision, if you're happy with the amount offered then take it, otherwise you will need to let them know it is only being accepted as partial payment and you will claim for the remainder.
    http://forums.moneysavingexpert.com/showthread.html?t=434975

    The bank have offered me part or all of my claim but have said I must sign a confidentiality clause, what shall I do?
    If you do sign the letter, you must honour the clause. Many people have just crossed out this clause and returned the letter, the banks have still payed up. Generally, they are not in a position to make demands like this.
    Last edited by Former MSE Wendy; 03-02-2010 at 2:15 PM.
    • Beate
    • By Beate 19th Apr 07, 10:06 PM
    • 3,522 Posts
    • 4,201 Thanks
    Beate
    Timings on MCOL
    TIMINGS ON MCOL

    Once you file your claim, you will see this:
    Status: Requested
    Your claim has been submitted to the court for final validation before being issued.

    Then, usually a day later, it reverts to this:
    Status: Issued
    Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

    The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

    Status: Acknowledged
    If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

    Status: Defence
    If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
    If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
    If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

    This is how it usually happens. Alterations from the norm are possible of course.
    Last edited by Edinburghlass; 19-04-2007 at 10:40 PM.
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