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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. |
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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:
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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. |
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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. |
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Mike |
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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. |
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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. |
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: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. |
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Mike |
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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: |
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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. |
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I would go through the procedure above and hit them with the full amount. Also try get them to increase your overdraft.
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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. |
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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. |
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if I moved I can expect to wave bye bye to debit card and overdraft. |
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Hi all
Anyone got any updates on this...........??? Mike |
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Nothing though from them yet... Just about to send off for another account then tonight will go through credit card etc.
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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. |
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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. |
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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 |
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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:
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you're all being exploited, dont let it drop.
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Just finished my reply to their letter (all 8 pages :) )
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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. |
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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' |
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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 |
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That's brilliant bob, which bank is that?!
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Halifax
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Dammit:D I was hoping you'd say Barclays!
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Nice result mate, if I can ask, how long from start to finish, did they, or have they threatened you with account closure ? TIA. |
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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 |
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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.
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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? |
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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 |
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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. " |
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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 |
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Hi all
How is everyone doing..................any updates on this ???? :) Mike |
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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.
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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.
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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. |
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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.
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The OFT merely gave its opinion on the law, it did not quote the law. |
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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 |
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Sent the initial letter to the Abbey national yesterday, recorded delivery.
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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.
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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. |
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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?
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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. |
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OB you're dealing with FD isn't that right?
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Mike Handyman...........looking forward to an update ! |
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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. |
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Is this worth a go with Lloyds TSB do you reckon?
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would this work with First direct.
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Florence & Zeph, I didn't tell you this, but yes ;)
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off topic - enjoy your F1 thingy Gareth? |
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Mike |
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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. :) |
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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 |
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All Irrelevant to your claim...............you are not disputing the condition applied to the account but the charges . Any news from Mr A ?
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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 :)
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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. |
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Mr A? Day job? Bet he's out fishing! ;)
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See post 133..............no more Mr Nice guy : Fill out a N1 form :)
Mike |
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Will look at this laters, thanks for all the advice in this thread guys...
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Handyman.
Got your mail but no attachment, can you resend please? ---------- Post added at 17:47 ---------- Previous post was at 17:46 ---------- Quote:
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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.
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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! :@ |
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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. |
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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. |
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The law applies to either / or. |
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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. |
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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. |
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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. :)
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My DPA letter went off to Gnat West this morning, fingers crossed.
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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!! |
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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
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Monkey2468 Well done, spread the word. |
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