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-   -   Reclaim Your Bank And Card Charges (https://www.cableforum.uk/board/showthread.php?t=47635)

Mr Angry 08-06-2006 13:46

Re: Reclaim Your Bank And Card Charges
 
Apologies Mike.

Essentially Lloyds - in one of the very early cases contested, were fortunate enough to be able to argue that banking law was different to consumer law.

Subsequently this has been disproven, Lloyds were alerted to the fact and, to the best of my knowledge, they have settled every subsequent claim issued since rather than try to reassert their argument.

Gareth 08-06-2006 14:15

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Gareth, with all due respect, I've explained why this excuse is "rubbish" before and I'll do it again. I, personally, over the past sixteen or so months, have been involved in several dozen cases where almost £90,000 has been refunded in penalty charges.

Please explain your "cost efficency" theory. If the banks wanted to put a stop to losing these cases all they have to do is disprove one - just one - case and they're home free. Are you telling me that the bean counters at the banks think it's better to sit back and let many thousands of people successfully claim possibly millions in unfair charges rather than engage a solicitor (at best a barrister) at a cost of say £10,000 to destroy the entire claims process?

I must firstly point out that these comments are my own personal opinion and are in no way an interpretation of anything other than my personal views.

With all due respect, Mr Angry, I think that your sums might be slightly optimistic. Not with regards the amount that you've dealt with, I'm sure those figures are correct. However, I think that the cost of one bank employing not only its own legal department but also, as you point out, any required barristers to take on a case to try and disprove a claim, is going to be a helluva lot more that £10,000 .

Bear in mind that this could potentially take many months if not years to come to fruition, and that also, during this period, they would still be receiving more claims where they only have 40 days to respond.

Finally, it's also worth considering that the possible millions that might be repaid is spread amongst all banks, credit card issuers, store card operators, mortgage providers, etc... so although the amount each is repaying is reduced, the legal fees incurred would be atttributable to whichever bank,credit card company, etc... decided to take up the gauntlet.

Quote:

Originally Posted by Mr Angry
The actual press release can be read here http://www.oft.gov.uk/News/Press+rel...2006/68-06.htm

Yes, sorry, I inadvertantly pasted the URL from the wrong window... I had both open and copied the older release.

Quote:

Originally Posted by Mr Angry
The OFT press release states "Only a court can finally decide whether a charge is unfair or not. The OFT has today set out a statement of its view of the law. This has not generally been accepted by most of the eight credit card issuers".

The "law" to which the OFT refers is the very same law which states that penalty charges are illegal. This has been proven in court on several occasions. We were extremely disappointed that after months of legal discussions the OFT sought to offer their "view" of the law rather than to actually use the law to clamp down on this abusive practice and empower consumers with the knowledge that their entitlement to refunds of penalty charges are a legal right.

I would love to see this go to court, simply because everything would then be much more clear-cut and less ambiguous for the consumer than it currently is. IANAL (although I did study law at college many moons ago, before changing career completely) but I can't see it happening sadly, and I think that the opinion of the OFT is the best we'll get... although it has had a visible impact already.

My personal opinion, for what it's worth, is that the charges are indeed too high, and have been used in the past as an additional revenue generator by some organisations.

handyman 08-06-2006 14:25

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Gareth
My personal opinion, for what it's worth, is that the charges are indeed too high, and have been used in the past as an additional revenue generator by some organisations.

Thats the crux of the matter. £33 for Yorkshire bank to check my balance (automatically) and send out a letter is wrong.

Looking back I can see how easily money racks up for the banks.

I have a dd rejected becuase i'm £9 over my limit and a £33 charge added.
Then I get a £8 charge for been over drawn that day.
Then the dd goes back in the next day and then it charges me £33 and £8 again.

And all the while I can't do a damned thing because the cheque I banked the week before for £100 put in for the dd has not cleared and when it does the banks have had £82 of it. So the net result is that i'm only £9.00 in credit and then the company the dd is with applys a £40 admin charge to my account. :mad:

I 100% blame the banks.

Mike 08-06-2006 14:33

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Apologies Mike.

Essentially Lloyds - in one of the very early cases contested, were fortunate enough to be able to argue that banking law was different to consumer law.

Subsequently this has been disproven, Lloyds were alerted to the fact and, to the best of my knowledge, they have settled every subsequent claim issued since rather than try to reassert their argument.

Many thanks.............

Mike

Mr Angry 08-06-2006 15:00

Re: Reclaim Your Bank And Card Charges
 
Gareth,

Sincerest apologies if my last post came across as ascerbic and directed at you personally. I assure you this was not my intention.

I disagree that my figures are optimistic. The banks make billions in penalty fee charges. If I was in their position and believed for a second that the charges were entirely legal then I'd pretty much be prepared to pay anything (short of 3 billion) to defend and win a case to secure my entitlement to continue to do so for perpetuity. They, however, don't want to engage because they are acting illegally and they know it. Case law / consumer law and proven cases are there on the statute books to prove the fact.

We are in agreement that we'd both love to see this in court - but the banks don't share our enthusiasm.

Chrysalis 08-06-2006 18:58

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Gareth
Just a minor point... the banks involved have not won a single court case but neither have they lost a single court case. They've all been settled out of court with the banks repaying the fees (which is more cost efficient for them to do, as the individual amounts are relatively small, albeit numerous), and of course no admission of guilt has ever been announced by any of the banks concerned.

Of course the banks are going to drag their feet before coughing-up... that's to be expected really.

The OFT finding wasn't that charges per-se are unlawful, but they did find that the charges were excessive. The OFT's suggested limit is £12, they have never said that all charges are illegal or should be discontinued. Their press release can be read here

I much prefer the current system, to be honest. I don't see why I and many, many others should be penalised because, unlike some people, we can manage a bank account properly. However, if things continue, then I can see blanket charges being introduced. I don't agree that it's a case of the poor subsidising the rich, as I know many not-rich people that benefit from free banking.

---------- Post added at 12:26 ---------- Previous post was at 12:22 ----------

Another thing... regarding ATM charges, would you expect the nominal charge to be paid to the owner of the machine you're using, or should it be paid to your bank even if you're not using your issuing bank's ATM.

You thinking about it wrong the only reason why your banking is free is because of the penalty fees that are been charged which are excessive, incidently they said £12 is still too high but was only set since it didn tneed lengthly legislation, a actual reasonable charge is what it cost them to send the letter and block the payments. So penalty fees stay but they are nominal amounts just to cover banks costs and maybe a small profit so lets say £3 instead of £30. The people who make mistakes still get penaliased as you say they should but suddenly they are not subsidising your free banking. Please tell me whats constructive about charging someone in financial trouble keeping them in a loop that keeps them over their overdraft limit, what use is it a bank telling someone to pay £60 into their bank account to rectify situation when they only have £30 and that £30 of that £60 is a charge from the bank.

Of course they havent actually lost a court case, but settling out of court means they are admitting they wrong, it may mean publically they are avoiding embarrasment but by settling we know they know they couldnt win a court case.

OFT didnt need to find the charges unlawful they already illegal from the "Unfair Terms in Consumer Contracts Regulations 1999".

For ATMs yes owner of ATM collect fee, you notice currently ATMs at shops are usually charged and ones at banks are free, supermarket ones are usually free but I believe the banks maintain them. So the banks would then get paid for ones used at their premises.

Pia 09-06-2006 10:50

Re: Reclaim Your Bank And Card Charges
 
:afire::grind::afire::grind::afire: GRRRRRRRR.....

Stupid Barclays have charged me £30 yet again! A card purchase from the supermarket has just gone through, it usually goes out straight away so i thought it had gone.... 3 days later it takes me overdrawn and now i'm £65 overdrawn, £30 of which is their charge.

Soo not happy:( I was once told they have a £25 secet limit that they won't charge you for going over unless its more than 25, though that must be bullpoo cos i've been £6 over before and got loads of £30 charges

Feel like crying i'm skint as it is this month, and i get paid tomorrow thats what peeves me off even more.

Mike 09-06-2006 10:53

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Pia
:afire::grind::afire::grind::afire: GRRRRRRRR.....

Stupid Barclays have charged me £30 yet again! A card purchase from the supermarket has just gone through, it usually goes out straight away so i thought it had gone.... 3 days later it takes me overdrawn and now i'm £65 overdrawn, £30 of which is their charge.

Soo not happy:( I was once told they have a £25 secet limit that they won't charge you for going over unless its more than 25, though that must be bullpoo cos i've been £6 over before and got loads of £30 charges

Feel like crying i'm skint as it is this month, and i get paid tomorrow thats what peeves me off even more.

Phone them up now and ask for a refund of the £30 I have done this on many occasions and they have alway doen it>

Mike

Pia 09-06-2006 10:56

Re: Reclaim Your Bank And Card Charges
 
I've done it loads of times, the last few times i tried they said they couldn't do it more than x amount of times within the year and i had already exceeded that.
I'll try though, but i know exactly what they'll say:cry:

handyman 09-06-2006 11:08

Re: Reclaim Your Bank And Card Charges
 
Well I got a letter through yesterday asking me to call my branch. Very odd I though though the letter stated it was notihing that should give me concern.

So I called this morning and it they are just calling their 'valued customers' so see if they need anything. Turns out I'm on the top current account they have etc etc. Do I want a Mortgage/ Loan etc?

I'm wondering if they where trying to fish for information?

Not had anything back about the claim yet though.

Mike 09-06-2006 11:09

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Well I got a letter through yesterday asking me to call my branch. Very odd I though though the letter stated it was notihing that should give me concern.

So I called this morning and it they are just calling their 'valued customers' so see if they need anything. Turns out I'm on the top current account they have etc etc. Do I want a Mortgage/ Loan etc?

I'm wondering if they where trying to fish for information?

Not had anything back about the claim yet though.

When did you send the claim off ?

Mike

danielf 09-06-2006 11:10

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Well I got a letter through yesterday asking me to call my branch. Very odd I though though the letter stated it was notihing that should give me concern.

So I called this morning and it they are just calling their 'valued customers' so see if they need anything. Turns out I'm on the top current account they have etc etc. Do I want a Mortgage/ Loan etc?

I'm wondering if they where trying to fish for information?

Not had anything back about the claim yet though.

This could of course be completely unrelated.

Pia 09-06-2006 11:12

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mike
Say you can not keep incurring these charges and ask to close your account. Say you are going to consoladate all your account into one and it will not be theirs !

Mike

What good will that do though? I can't afford to pay back my overdraft all in one go if i close my account, and seeing as i keep going over it i guess i'm not a good account holder, so they wouldn't give two hoots if i closed it or not. Then i'd be left with no bank account and a load of hassle...:confused:

handyman 09-06-2006 11:21

Re: Reclaim Your Bank And Card Charges
 
I would go through the procedure above and hit them with the full amount. Also try get them to increase your overdraft.

Pia 09-06-2006 11:24

Re: Reclaim Your Bank And Card Charges
 
They won't increase my overdraft i've got a crap rating. I asked them once to increase it by £50 and they said no:erm:

I will do what you're doing handyman, on Monday i'll get the letter sent away, but it's still so annoying they've had £60 out of me this month, no to mention the overdraft interest.

etccarmageddon 09-06-2006 11:30

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Pia
I've done it loads of times, the last few times i tried they said they couldn't do it more than x amount of times within the year and i had already exceeded that.
I'll try though, but i know exactly what they'll say:cry:

ok, I have a very simple answer - ring and ask for the complaints department - speak to them and tell them you would like a refund otherwise you will follow the complaints process and then the banking ombudsman and point out it will cost them at least £500 if it goes to the ombudsman. if they refuse then write you letter of complaint and post off recorded.

---------- Post added at 11:30 ---------- Previous post was at 11:29 ----------

Quote:

Originally Posted by Pia
What good will that do though? I can't afford to pay back my overdraft all in one go if i close my account, and seeing as i keep going over it i guess i'm not a good account holder, so they wouldn't give two hoots if i closed it or not. Then i'd be left with no bank account and a load of hassle...:confused:

oh no - you are the ideal for them. you're young and have less experience so are less likely to stand up for yourself - a single mother who they can exploit. sickening.

Gareth 09-06-2006 16:43

Re: Reclaim Your Bank And Card Charges
 
Like etc says, you're actually an ideal customer. Also, it's worth bearing in mind that you're earning your bank money as opposed to costing them money. As surprising as it may seem, they'd be more annoyed at someone leaving who has an overdraft with them, than they would be if that person ran their account impeccably and never went overdrawn. If you don't incur charges at all, you're costing the bank money, whereas they can charge you interest for your overdraft and hit you with penalties if you go beyond your limit. And, as etc points out, you're young so you're more likely to need a mortgage, buildings/contents insurance, life insurance, redundancy protection, credit card insurance, etc... than someone who has already arranged all of these things 30 years ago.

On another note, I saw an article where Neil Faulkner of the Motley Fool calculates that only 11% of customers have filed for claiming back charges, and 40% were even unaware that they could do this.

Chrysalis 10-06-2006 16:43

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Pia
They won't increase my overdraft i've got a crap rating. I asked them once to increase it by £50 and they said no:erm:

I will do what you're doing handyman, on Monday i'll get the letter sent away, but it's still so annoying they've had £60 out of me this month, no to mention the overdraft interest.

you sort of in same situation as me actually, its not easy for everyone to just simply open a new account elsewhere and everything hunky dory.

if I moved I can expect to wave bye bye to debit card and overdraft.

Mike 13-06-2006 13:15

Re: Reclaim Your Bank And Card Charges
 
Hi all

Anyone got any updates on this...........???

Mike

handyman 13-06-2006 13:17

Re: Reclaim Your Bank And Card Charges
 
Nothing though from them yet... Just about to send off for another account then tonight will go through credit card etc.

Mike 13-06-2006 13:57

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Guess what? Once the banks realized that charging illegal penalty fees was now the least of their worries and that people were prepared to instigate criminal proceedings for theft they quickly backed down and offered (sorry, "begged") the plaintiffs to reopen their accounts and let bygones be bygones. Neither plaintiff has taken them up on their offer and are currently considering proceeding with the theft charges.

Any news on the theft charge ?

Mike

Fingy 14-06-2006 08:59

Re: Reclaim Your Bank And Card Charges
 
There was just a whole thing on GMTV about this and what steps you need to take to get your money back which have already been explained here. The guy is doing a webchat about it after the show.

Looks like the banks may be getting quite a few letters in to them very soon.

Chrysalis 14-06-2006 09:18

Re: Reclaim Your Bank And Card Charges
 
itv are really digging in recently, makes you wonder if the banks did something to **** them off.

wish the supposedbly unbiased bbc would join in.

handyman 14-06-2006 12:26

Re: Reclaim Your Bank And Card Charges
 
Right got a letter bank which the other half has kindly scanned and sent to me :)
What is the best form of attack after this.
https://www.cableforum.co.uk/images/...2006/06/12.jpg

https://www.cableforum.co.uk/images/...2006/06/13.jpg

Flobajob 14-06-2006 12:46

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Right got a letter bank which the other half has kindly scanned and sent to me :)
What is the best form of attack after this.

Standard response from the bank, ignore it and carry on with the next stage.

orangebird 14-06-2006 12:50

Re: Reclaim Your Bank And Card Charges
 
Blimey - I'm about to send a letter of to Lloyds for my other half, I'll be keeping subscribed to this.

Anyone had a go at First Direct yet?

TIA. :)

---------- Post added at 12:50 ---------- Previous post was at 12:48 ----------

Quote:

Originally Posted by handyman
Right got a letter bank which the other half has kindly scanned and sent to me :)
What is the best form of attack after this.
https://www.cableforum.co.uk/images/...2006/06/12.jpg

https://www.cableforum.co.uk/images/...2006/06/13.jpg

Just do as it says from the relevant response in section three on here. :tu:

Neil 14-06-2006 13:08

Re: Reclaim Your Bank And Card Charges
 
http://www.bankactiongroup.com

etccarmageddon 14-06-2006 13:51

Re: Reclaim Your Bank And Card Charges
 
you're all being exploited, dont let it drop.

handyman 14-06-2006 14:42

Re: Reclaim Your Bank And Card Charges
 
Just finished my reply to their letter (all 8 pages :) )

Nugget 14-06-2006 15:07

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Just finished my reply to their letter (all 8 pages :) )

Did it take you long to cut the letters out if the paper ;) :D

Mike 14-06-2006 16:07

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Flobajob
Standard response from the bank, ignore it and carry on with the next stage.

Totally agree................just go to step four in link in opening post. It's all about the charges not being fair...........does not say that in thier letter.

Mike

handyman 14-06-2006 17:21

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Nugget
Did it take you long to cut the letters out if the paper ;) :D

GiVe Me mY MonEY BacK !!

Mr Angry 14-06-2006 17:49

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
GiVe Me mY MonEY BacK !!

Handyman,

No more Mr nice guy or lengthy letters. They have shown that they are unsympathetic towards you and now is the time for them to understand that you are serious.

Write back to Mr McKirdy acknowledging his missive and be sure to use the appropriate reference.

Simply state the following in your letter.


Mr McKirdy,

Thank you for your correspondence of June 13th inst. reference *******.

I acknowledge the "Terms and Conditions" as referenced in your aforementioned correspondence however I should like to point out to you that this is a matter of consumer contract law. The law is clear and unambiguous in that it states that enforced penalty charges are illegal where they represent anything beyond the liquidated losses incurred.

On that basis, and in the absence of a full refund of the sum of £???? as detailed in my original correspondence, please take note that I intend to commence County Court action for the recovery of same in the event that I do not receive a positive reply from you on this matter within fourteen days of todays date.

Sincerely


Handyman

At the expiry of the 14 days (do not enter into any further protracted correspondence) go straight to your County Court and fill out a form N1.

Have your County Court issue the notice of claim and summons.

etccarmageddon 14-06-2006 18:37

Re: Reclaim Your Bank And Card Charges
 
this should be entertaining. how much does it cost handyman to file this?

---------- Post added at 18:37 ---------- Previous post was at 18:34 ----------

it appears to be anything from £30 to £120 depending on the size of the claim

http://www.lmusu.org.uk/Media/downloads/28_15200518055113_79.pdf#search='county%20court%20 form%20n1'

handyman 14-06-2006 18:54

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
snippty

Already sent something similar in the post today will be on his desk tommorow complete with a copy of the intended court paper and a complete break down. I even work out the apr interest on each charge :)

bob_a_builder 14-06-2006 22:09

Re: Reclaim Your Bank And Card Charges
 
Bank just paid my claim in full today + court costs

The letter notifying that they would pay up was the 1st communication I had had from them since I started this, no denials, no offers, just paid up

Pia 14-06-2006 22:32

Re: Reclaim Your Bank And Card Charges
 
That's brilliant bob, which bank is that?!

bob_a_builder 14-06-2006 23:06

Re: Reclaim Your Bank And Card Charges
 
Halifax

Pia 14-06-2006 23:15

Re: Reclaim Your Bank And Card Charges
 
Dammit:D I was hoping you'd say Barclays!

bopdude 14-06-2006 23:17

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by bob_a_builder
Bank just paid my claim in full today + court costs

The letter notifying that they would pay up was the 1st communication I had had from them since I started this, no denials, no offers, just paid up


Nice result mate, if I can ask, how long from start to finish, did they, or have they threatened you with account closure ?
TIA.

bob_a_builder 15-06-2006 09:16

Re: Reclaim Your Bank And Card Charges
 
Sent 1st letter begining of May

Close Account - No not at this point though in settlement letter they made satement "...reserve the right to withdraw your banking facilities..." - If I don't behave in future, but with phone number to discuss if I thought this might be an issue

Minbu 16-06-2006 22:04

Re: Reclaim Your Bank And Card Charges
 
As a relative newcomer to this forum I'm constantly amazed at the high level of help and advice given to all questions and problems raised. Almost every topic usually produces a wealth of informative replies. I have been following this particular thread with great interest, as I am also a victim of these bank charges, and I am now formulating my battle plan to take on my bank. I would like to thank, on behalf of everyone, all those who have given their time and expertise to offer advice and provide helpful links to enable minions like me to claim back these illegal charges. Cheers Mr Angry, Mike, etc.

handyman 16-06-2006 22:14

Re: Reclaim Your Bank And Card Charges
 
Yes its a great forum. Initially started By frank as Nthellworld.com then bought by ntl and riouned then we moved to nthellworld.co.uk and started again and now the site is named cableforum.co.uk to reflect the fact that its telewest as well. Though given that 90% (guess) of posts are not cable related maybe we should just be helpforum.co.uk or even......

www.theukforum.co.uk its available guys :)


@ bob - did they state why they paid up?

Minbu 16-06-2006 23:44

Re: Reclaim Your Bank And Card Charges
 
Just found this - interesting.

"A leaked memo to HSBC staff has revealed customers are being fobbed off with set payouts to drop their demands for refunds of bank charges. The 'operational appendix' explains how staff should 'deal with customers who specifically challenge our right to charge overdraft fees'. It gives an insight into how banks are attempting to combat complaints about unauthorised overdraft charges after customers have gone a few pence overdrawn."

"The memo makes clear what critics of bank charges have long suspected, that banks will refund charges if the cost of dealing with the complaint would top the amount being claimed. It describes how customer services staff in HSBC branches have a Personal Refund Authority (PRA), a set amount of money up to which they are allowed to refund customers to resolve complaints quickly."

http://www.thisismoney.co.uk/saving-...7&in_page_id=7

bob_a_builder 17-06-2006 09:06

Re: Reclaim Your Bank And Card Charges
 
Quote:

@ bob - did they state why they paid up?
"I have returned the form of acknowledgment of service to the Nothamptonshire Count Court, indicating that Halifax intends to defend your claim. However on a purely commercial basis it will cost Halifax money to defend your claim in terms of legal costs that will be incured. It is unlikely that Halifax will be able to recover these cost (even if the bank wins) because your claim will probably allocated to smaill claims track in which costs are generally not awarded.

For this reaon but without admission of liability Halifax is willing to re-imberse £xxx in respect of bank charges incurred. The Halifax will also re-imberse £30 in respect of the court fee.
"

Mike 17-06-2006 10:29

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Minbu
, and I am now formulating my battle plan to take on my bank.

Thanks for the feedback............the various stages should be clear to follow to enable you to indenify charges and them claim them back.

Mr Angry is the real expert here.

It's good people on this forum (as with others) can all support each other and push things forward.

Regards Mike

Mike 20-06-2006 13:56

Re: Reclaim Your Bank And Card Charges
 
Hi all

How is everyone doing..................any updates on this ???? :)

Mike

handyman 20-06-2006 14:35

Re: Reclaim Your Bank And Card Charges
 
Nothing back from Yorkshire, Went through all my bills last night and picked up a few things to chase up. I have the current account and the joint account to sort first to cut my teeth etc.

sarahlouise45 21-06-2006 14:09

Re: Reclaim Your Bank And Card Charges
 
Does this apply to Barclaycard's Credit Cards with late payments and going over your limit etc?? Could I get back all my late payment and over my limit charges back again? Cheers.

orangebird 21-06-2006 14:10

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by sarahlouise45
Does this apply to Barclaycard's Credit Cards with late payments and going over your limit etc?? Could I get back all my late payment and over my limit charges back again? Cheers.

I beleive it does apply to them too. :tu:

sarahlouise45 21-06-2006 14:15

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by orangebird
I beleive it does apply to them too. :tu:

Fantastic!!! Letter will be going in the post this week to them then - I must be owed hundreds!!! Anyone got a sample letter they can send me to use? Cheers!!! :)

orangebird 21-06-2006 14:21

Re: Reclaim Your Bank And Card Charges
 
1 Attachment(s)
Quote:

Originally Posted by sarahlouise45
Fantastic!!! Letter will be going in the post this week to them then - I must be owed hundreds!!! Anyone got a sample letter they can send me to use? Cheers!!! :)

Try this?

Mike 21-06-2006 14:35

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by sarahlouise45
Does this apply to Barclaycard's Credit Cards with late payments and going over your limit etc?? Could I get back all my late payment and over my limit charges back again? Cheers.

Yes it does...............see advice in post 1

Mike

sarahlouise45 21-06-2006 14:45

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mike
Yes it does...............see advice in post 1

Mike

thanks Mike :)

Mr Angry 21-06-2006 17:38

Re: Reclaim Your Bank And Card Charges
 
Don't use that template letter - it's too broad ranging and could serve to undermine your case.

There is a process to conducting a successful claim which you must follow.

1) Write to the bank and ask them to refund all penalty charges applied to your account over the last six years.

2) When they refuse then write to the bank making a subject data request under the 1998 Data Protection Act citing exemptions under CH35 part 2 (a) & (b)
-------------
Part IV Exemptions

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,
-------------
Allow them forty days to comply with your request and remember to enclose a cheque payable to them in the sum of £10.00 (the statutory fee payable for this information).

Once you receive your data then work out the charges and the 8% interest and you then write to the bank asking that they refund same within fourteen days otherwise you will initiate County Court proceedings for recovery.

Chrysalis 21-06-2006 18:25

Re: Reclaim Your Bank And Card Charges
 
credit cards I believe its a better situation since if I am right the banks are having to change their charges on credit cards and have a deadline for it. For bank accounts this isnt the case which I think is stupid the regulator seemed to stop halfway short of actually legislating the max fee and left people to fend for their own refunds without protection from future excess fees.

Mr Angry 21-06-2006 19:20

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Chrysalis
credit cards I believe its a better situation since if I am right the banks are having to change their charges on credit cards and have a deadline for it. For bank accounts this isnt the case which I think is stupid the regulator seemed to stop halfway short of actually legislating the max fee and left people to fend for their own refunds without protection from future excess fees.

As the law stands fees charged which do not represent the liquidated losses only (ie. penalty fees / charges) are illegal whether incurred in respect of credit cards, bank accounts or any agreement covered by consumer contract law.

The OFT merely gave its opinion on the law, it did not quote the law.

Mike 21-06-2006 21:45

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Don't use that template letter - it's too broad ranging and could serve to undermine your case.

There is a process to conducting a successful claim which you must follow.

1) Write to the bank and ask them to refund all penalty charges applied to your account over the last six years.

Are you suggesting a simple letter different to one referred to in the opening post ?

Mike

bob_a_builder 22-06-2006 09:00

Re: Reclaim Your Bank And Card Charges
 
Just visit this site, sign up so you can get access to the template letters.
The process steps are also detailed there
Plenty of FAQ's too, sub forums for each of the banks as well

Worked for me, and so far members of that site have recovered over 800k pounds of charges

edit : rather over egged the pudding there, corrected to "k" rather than million

weirdworldstate 22-06-2006 10:08

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Allow them forty days to comply with your request and remember to enclose a cheque payable to them in the sum of £10.00 (the statutory fee payable for this information).

That is the maximum fee that legislation allows, it is not a specific fee. You should therefore NOT send a cheque, but request notification of the actual fee. It can vary between data users.

Lew 22-06-2006 13:28

Re: Reclaim Your Bank And Card Charges
 
Sent the initial letter to the Abbey national yesterday, recorded delivery.

Quote:

Originally Posted by Royal Mail
Your item with reference DK########GB was delivered from our NORTH WEST LONDON Delivery Office on 22/06/06 .

Thank you for using this service.

:)

handyman 22-06-2006 15:25

Re: Reclaim Your Bank And Card Charges
 
I have got a letter back from the bank again with no cheque at home, I'll post it laters when I get back home.

Mr Angry 22-06-2006 15:34

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by weirdworldstate
That is the maximum fee that legislation allows, it is not a specific fee. You should therefore NOT send a cheque, but request notification of the actual fee. It can vary between data users.

Quite.

However including a cheque for the maximum allowable charge serves several purposes, not least of all denying the respondant the luxury of delaying tactics.

In all the cases I am personally aware of I have yet to encounter a bank that does not either (a) charge the entire £10.00 or (b) refund the entire amount.

That is, of course, just my experience to date.

handyman 22-06-2006 15:35

Re: Reclaim Your Bank And Card Charges
 
If you could drop me an email to mark at mlweb dot co dot uk mr angry I could do with asking you a few questions regarding yorkshire bank if that is possible?

Mr Angry 22-06-2006 15:38

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mike
Are you suggesting a simple letter different to one referred to in the opening post ?

Mike

Mike,

Yes.

The above template, whilst useful, represents more of a potential danger to the sender than the receipient.

There is a correct & very specific procedure / process to follow. Once you throw in threats about the DPA and OFT you are actually arming them (the respondant).

---------- Post added at 15:38 ---------- Previous post was at 15:37 ----------

Handyman, will do.

orangebird 22-06-2006 15:45

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Mike,

Yes.

The above template, whilst useful, represents more of a potential danger to the sender than the receipient.

There is a correct & very specific procedure / process to follow. Once you throw in threats about the DPA and OFT you are actually arming them (the respondant).

---------- Post added at 15:38 ---------- Previous post was at 15:37 ----------

Handyman, will do.

So which letter do I use then?

Chrysalis 22-06-2006 16:43

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
As the law stands fees charged which do not represent the liquidated losses only (ie. penalty fees / charges) are illegal whether incurred in respect of credit cards, bank accounts or any agreement covered by consumer contract law.

The OFT merely gave its opinion on the law, it did not quote the law.

if its fully illegal then why arent the banks having some nice fines slapped on them?

Mr Angry 22-06-2006 17:01

Re: Reclaim Your Bank And Card Charges
 
OB you're dealing with FD isn't that right?

Mike 22-06-2006 21:33

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Don't use that template letter - it's too broad ranging and could serve to undermine your case.

There is a process to conducting a successful claim which you must follow.

1) Write to the bank and ask them to refund all penalty charges applied to your account over the last six years.

2) When they refuse then write to the bank making a subject data request under the 1998 Data Protection Act citing exemptions under CH35 part 2 (a) & (b)
-------------
Part IV Exemptions

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,
-------------
Allow them forty days to comply with your request and remember to enclose a cheque payable to them in the sum of £10.00 (the statutory fee payable for this information).

Once you receive your data then work out the charges and the 8% interest and you then write to the bank asking that they refund same within fourteen days otherwise you will initiate County Court proceedings for recovery.

So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

Mr Angry 23-06-2006 08:00

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mike
So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

More or less.

The banks are now a lot more complicit than they were when first challenged about two years ago. Back then we had to quote relevant law and cases to them and they still held out until the last minute.

Nowadays, with much more of this information and assistance freely available in the public domain ,they know it's in their best interests to throw their hands up.

There have been a few cases of late, notably the Halifax, who have paid up on receipt of the first letter.

Graham M 23-06-2006 08:10

Re: Reclaim Your Bank And Card Charges
 
Is this worth a go with Lloyds TSB do you reckon?

orangebird 23-06-2006 09:07

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
OB you're dealing with FD isn't that right?

Yes :)

Florence 23-06-2006 09:17

Re: Reclaim Your Bank And Card Charges
 
would this work with First direct.

Gareth 23-06-2006 09:52

Re: Reclaim Your Bank And Card Charges
 
Florence & Zeph, I didn't tell you this, but yes ;)

handyman 23-06-2006 10:10

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Gareth
Florence & Zeph, I didn't tell you this, but yes ;)

Ohhhh the enemy giving out secrets :) ;)

off topic - enjoy your F1 thingy Gareth?

Mike 23-06-2006 10:42

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Ohhhh the enemy giving out secrets :) ;)

off topic - enjoy your F1 thingy Gareth?

Any update on your claim ???

Mike

handyman 23-06-2006 11:29

Re: Reclaim Your Bank And Card Charges
 
Got another letter stating again a big no.

Have sent It over to the angry chap to have a look. Did not have the time to edit it and post. Might have a look after lunch. :)

Mike 23-06-2006 12:20

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by handyman
Ohhhh the enemy giving out secrets :) ;)

????????????

Mike

handyman 23-06-2006 13:06

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mike
????????????

Mike

I'd have to kill you ;)
Heres my letter with names removed to protect the innocent :erm:

https://www.cableforum.co.uk/images/local/2006/06/1.png
https://www.cableforum.co.uk/images/local/2006/06/2.png

Mike 23-06-2006 13:19

Re: Reclaim Your Bank And Card Charges
 
All Irrelevant to your claim...............you are not disputing the condition applied to the account but the charges . Any news from Mr A ?

Mike

handyman 23-06-2006 13:22

Re: Reclaim Your Bank And Card Charges
 
I'm not expecting Mr A to respond likity split, the mans got a day job after all and my bank charges shouls not be his priority. I'd be happy knowing the next stage inside out by Monday possibly with a view to getting something in the post or taking a trip to court and filing :)

Shaun 23-06-2006 13:36

Re: Reclaim Your Bank And Card Charges
 
I'm guessing the next step for you HM will be to fill out the N1 claim form and send it to the courts.
Mr Angry may advise you to send yet another letter with more details in it that may work but ultimately if Yorkshire continue to stick with what they've said (all BS intended to put you off) you'll need to file a claim.

FYI you can do it online at www.moneyclaim.gov.uk or you can download a copy of the forms and associated guidance leaflets from here:

http://www.hmcourts-service.gov.uk/H...t_forms_id=338

The N1 form can be completed in Acrobat and then printed (but not saved for some reason).

All good reading for you while you wait for Mr Angry’s response

Edit - The leaflet EX307 gives you a good ouline of the process too.

Fingy 23-06-2006 13:46

Re: Reclaim Your Bank And Card Charges
 
Mr A? Day job? Bet he's out fishing! ;)

Mike 23-06-2006 14:02

Re: Reclaim Your Bank And Card Charges
 
See post 133..............no more Mr Nice guy : Fill out a N1 form :)

Mike

handyman 23-06-2006 15:21

Re: Reclaim Your Bank And Card Charges
 
Will look at this laters, thanks for all the advice in this thread guys...

Mr Angry 23-06-2006 17:47

Re: Reclaim Your Bank And Card Charges
 
Handyman.

Got your mail but no attachment, can you resend please?

---------- Post added at 17:47 ---------- Previous post was at 17:46 ----------

Quote:

Originally Posted by Fingy
Mr A? Day job? Bet he's out fishing! ;)

Hey you! Enough of the slagging!!

handyman 23-06-2006 18:17

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Mr Angry
Got your mail but no attachment, can you resend please?

Whoops :erm: resent.

Chrysalis 24-06-2006 14:25

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Chrysalis
if its fully illegal then why arent the banks having some nice fines slapped on them?

mr angry any comment on this? thanks.

etccarmageddon 25-06-2006 00:22

Re: Reclaim Your Bank And Card Charges
 
I recon it requires the office of fair trading to investigate if the banks are making unfair or illegal charges and they wont until someone complains to them.

keithwalton 25-06-2006 00:58

Re: Reclaim Your Bank And Card Charges
 
It would appear natwest are clued up on this subject, Due to poor wording (and not sending a guide until the second statement! too late!) they took my account overdrawn and between my main account and my cc they charged me £48 for the boo boo.
Well i got a letter back to them today apologising for the lack of clarity and the cc fee has allready been paid back (£10) and that if i send them a statement of theres back to them i can get the other £38 repaid.

I mentioned this ruling in my complaint to them and they also mentioned it in there letter thinking there charges were 'fair' yet they'll refund me anyway.

Though this was from the credit card part of natwest which only charged the £10, it was natwest bank that charged the extortion though the cc part is footing the bill.

I can however hardly believe natwest sometimes, they are all the same company yet they wont ever talk to each other and getting them to change address with them is a pain, they just say on the statements if you move let us know ...
tell the bank they change it on the computer sorted so you think, they dont tell the cc part that you have moved!
The cc people dont give you information how to tell them that you have moved! apparently its on the back of the statement but all i can see is the normal 'if you're moving addresses please tell us' then proceeds to list a load of phone numbers for stolen cards, card protection and holiday insurance, as well as a addy for complaints.
no number / addy for general enquiries etc! :@

Mr Angry 26-06-2006 19:51

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Chrysalis
mr angry any comment on this? thanks.

I think we're nearing the point where they might have to. the OFT investigated the charges and gave them a timeframe to reduce the charges to an acceptable (legal) level. Not all of the eight involved have done so. The main concern the OFT is facing is that if they impose fines the banks will be out billions.

The banks are then very likely to abolish things like free banking and free balance transfers and increase loan interest rates etc to recoup the losses. Obviously this will impact on the poorer people in society so the OFT, for the time being, are happy to see thousands of people (out of many millions of customers admittedly) reclaim their charges under common law where the issue is already a proven.

Chrysalis 26-06-2006 20:25

Re: Reclaim Your Bank And Card Charges
 
well not sure which affects the poorer more. Bear in mind the poorest wont be able to get credit so loan interest rates shouldnt affect them so much as penalty charges. Free banking tends to beenefit the rich more from where I sit they tend to get charges waived. Free balance transfers again only affects people who can get credit in the first place and thats not usually the poorest.

But are you talking about credit cards or banks with current accounts?

I am wanting banks to be forced to reduce fees on current account penalty charges these are much harder hitting then credit card fees.

Mr Angry 26-06-2006 20:33

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by Chrysalis
well not sure which affects the poorer more. Bear in mind the poorest wont be able to get credit so loan interest rates shouldnt affect them so much as penalty charges. Free banking tends to beenefit the rich more from where I sit they tend to get charges waived. Free balance transfers again only affects people who can get credit in the first place and thats not usually the poorest.

But are you talking about credit cards or banks with current accounts?

I am wanting banks to be forced to reduce fees on current account penalty charges these are much harder hitting then credit card fees.

The reality is that banks are not interested in poorer customers anyway.

The law applies to either / or.

etccarmageddon 27-06-2006 00:49

Re: Reclaim Your Bank And Card Charges
 
the poorer end of society often dont get the benefit of free banking because their local cash point is fee charging whereas the better off have the ability to travel to free cashpoints. e.g. single mum in local council estate would have to take bus journey to get to cash point whereas better off working bloke like me has car and ability to bypass fee charging machines.

so to summarise, if they can, they will take advantage of the poor end of society.

Chrysalis 27-06-2006 01:28

Re: Reclaim Your Bank And Card Charges
 
I heard somewhere banks biggest portion of profits come from the poor in penalty fees amounting to many billions a year, so looking from that viewpoint I am not sure they just want to get rid of them. They also have to pay out large interest to those with huge sums in savings accounts.

But I do know they like the rich since they can invest the money they deposit into their accounts. Without the rich they would have no money to lend to the poor in thoery.

sarahlouise45 28-06-2006 11:23

Re: Reclaim Your Bank And Card Charges
 
I had a letter from Barclaycard this morning to say that their over limit and late payment charges are being reduced to £12 as of 1st August. However their interest rates are going up (obviously to compensate?). Anyone else had this letter and will this affect me making my claim for charges to be refunded over the last five years??? Thanks guys. :)

Flobajob 28-06-2006 11:52

Re: Reclaim Your Bank And Card Charges
 
My DPA letter went off to Gnat West this morning, fingers crossed.

monkey2468 28-06-2006 13:40

Re: Reclaim Your Bank And Card Charges
 
I have been with smile for just over a year, in which they have charged me a huge amount of charges, £550 in total for being 3 pence over my overdraft limit. Using the advise website I sent my FIRST letter ASKING for the money back on the 6th of june. I got a reply from them this morning giving me the full amount + intrest back. :) I think they have realised that they are not going to win. 9 months ago I sent a letter I made up asking this money and they told me to go away, so just my sending the letter from the advise website made them change there mind. ;)
Barclays are next!!

bopdude 28-06-2006 14:09

Re: Reclaim Your Bank And Card Charges
 
Nice to hear a success story, I WILL have to pull my finger out and get started on this venture, I'm owed 1000's :( :D

Mr Angry 28-06-2006 18:58

Re: Reclaim Your Bank And Card Charges
 
Quote:

Originally Posted by sarahlouise45
I had a letter from Barclaycard this morning to say that their over limit and late payment charges are being reduced to £12 as of 1st August. However their interest rates are going up (obviously to compensate?). Anyone else had this letter and will this affect me making my claim for charges to be refunded over the last five years??? Thanks guys. :)

It has no effect on your claim. Incidentally the £12.00 isn't legal either unless it represents the actual liquidated losses incurred by them. That figure was merely suggested by the OFT as their "opinion" of the law.

Monkey2468

Well done, spread the word.


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