nellio v Co-op Bank - **WON**

nellio · 12th June 2006, 21:04

i am in the process of claiming my bank charges. the 40 day Data Protection Act request arrived no problem and one day after sending a breakdown of charges i have received a letter promising a full investigation including a reply in seven days. they are probably digging teir heels in a bit. what i really want to know is has anyone took it all the way to court and had the judgement go in the banks favour?

callumsgran · 12th June 2006, 21:07

not as yet, it dont get to court, the banks always pay up before the court date

nellio · 12th June 2006, 21:13

cheers I sincerley hope so. it totals £895 over 4 years. they basically debited service charges when ther was a couple of quid in the account which sends me overdrawn again. they must love customers like myself who will just let them shaft me month after month. not any more though!!! ecthical banking...?

callumsgran · 12th June 2006, 21:16

yup! we 'naughty' ones generate £3,000,000 pounds ayear profit for these banks. i dont think they'll make such a big profit next year do you?

dave · 12th June 2006, 21:28

Ahem:

£3,000,000,000,000 - it's actually nearer to £4,000,000,000,000.

callumsgran · 12th June 2006, 21:32

is it by god???? i stand corrected!!!! the thieving barstewards

Bookworm · 12th June 2006, 22:37

Sorry to OP, you have been misled by enthusiastic people!

There has been so far a grand total of 1 case that went to court and was lost. Henry v NatWest, it was, and by all accounts, the chap's barrister was very ill prepared. The bank used the "we provide a service" defense, and the guy had no response.

That's the bad news. The good news is, NatWest knew they were lucky to get away with this one, and haven't tried it again and have settled every time before court since. The even better news that if any bank tries that approach again, we have it well covered.

callumsgran · 13th June 2006, 08:42

sorry!!! i hadn't read about this case. not been here that long! like you said tho its very unlikely to happen again!

nellio · 29th June 2006, 23:02

i sent my lba almost two weeks ago now and i have received a reply asking me to accept their apologies for the delay whilst they conduct an investigation...blah balh blah and so on.
so, come tuesday when the two weeks have lapsed i will file my claim with moneyclaim as i said i would.

a question has now stemmed from this. if i have to attend county court will it be my local court or a court at the discrection of hmcs? seconly if i attend how long will the hearing etc last? will i need book a full day off work etc etc?

come to think of it can i claim 1 days loss of earnings, travel to court etc?

any advice i would be most grateful for.
good luck to everyone!

barracad · 29th June 2006, 23:08

If the case ever reached a court hearing it would be transferred to your local court, and would probably take an hour or two.

It is highly unlikely that you will actually end up in a court hearing - browse round the forums and you will see the banks just settle out of court.

nellio · 30th June 2006, 08:53

thank you for your answer. what i worry about is the banks suddenly decide to go the distance in court and the luck i've had would probably mean that i would be the test case ginuea pig.

barracad · 30th June 2006, 12:05

I can assure you that most people (if not everyone) thinks they are going to be 'the one' and they are going to be the first test case that ends up in court. They have all been proved wrong - don't worry about it - there is a possibility it may end up in court but it is very very unlikely.

Fully_charged · 1st July 2006, 12:04

Just to let you know that Co-op do take a long time to settle but they do it. I had to wait for 6wks to get my money back.

nellio · 3rd July 2006, 21:24

i have recived two letters asking me to be patient and bear with them whilst they investigate my complaint. it isn't a complaint as such, just a template letter asking for my money back which they have unlawfully debited my account for. so tomorrow i am opening the court claim as i promised i would once the lba expires.

what i need to know is do i need inform the bank that i have opened a claim or do the court service do this?

any advice would be gratefully apprieciated.

Michael Browne · 3rd July 2006, 21:30

Once you submit a claim, the court will notify the bank, you don't need to inform them yourself

nellio · 5th July 2006, 22:39

i am in the process of filling in my claim with Moneyclaim online. i have seen vampiress's example on exel spreadsheet but i am absolutley terrible at maths and working computers.

i am claiming £895 back from the co-op bank and this is where i'm stuck.
can i just add 8% to the total which will total £966.60? OR lets say that one charge totalled £25 two years ago which means i add 8% for the first year then 8% for the second year. e.g. £25 + 8%= £27 (year1) then £27 +8%=£29.16???

God i hope someone understands what i'm trying to say here cause this has got my head battered just writing this.

if possible i would be more than happy just adding 8% to the total to make things alot easier but would the court dismiss or would it jepordise my case?

Please someone out there understand this query!
Thank you for all previous support and guidance.

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