Martin vs Co-operative bank

[MartinAN]

Hi guys

The Co-Op bank received my 1st letter on 17th August. Although its a little soon perhaps, i'm worrying if they have ever received is as i have had no reply as yet. I'm worried I've sent it to the wrong department. Is this the correct place:

The Co-operative Bank p.l.c.
Head Office – Managed Accounts
P.O. Box 101
1 Balloon Street
Manchester
M60 4EP

I'm asking for £117.50 in total.

Sould i resend? or call them or wait a couple of weeks?

[Glenn UK]

do you have proff it was delivered or posted?

And thats the address i used i think, it doenst matter which address you use aslong as its one of their offices/branches.

Some people have hand delivered letters to branches and got receipts.

HTH

GLenn

[MartinAN]

just sent it normal 1st class. Post is pretty reliable

[Glenn UK]

trouble is unless you can prove it was posted then you dont have squat imho.

I believe if you can show it was posted thenits considered delivered. Personally i use recorded

Re send it use either recorded or get proof of posting.

JMHO

GLenn

[MartinAN]

Am at work during the time the post office is open, so can't get a provable delivery. However, I resent the letter to the Customer services address, 1st class on Tuesday. They should have received it Wednesday. Addititionally gave them 28 days from the new date of the letter as that seemed fair.

I went away Tuesday evening, and returned home this Sat, to find a letter from the bank. It's some what different to what I've already heard about the co-operative bank... saying they will phone me in the next 7 working days. I've heard they usually ask for 40 days for an investigation to take place!

I explicitally layed out each of the 4 charges, and how they occured, so perhaps that is why they said 7 working days instead of 40..

Well, 4 of those working days (since the date on the letter) have passed, but my phone has been out of range of any Orange transmitters for most of that time.

If they phone this coming week, I wonder what they will say...

[MartinAN]

They sent me a letter dated 30th, saying they need another 7 days to investigate. "I regret it is taking a little while longer than we hoped to get all the facts together". I thought I told them of every bank charge. What else could they be investigating that needs 7 days???! But they do say sorry for the inconveniance.

They seem to be feet dragging. I got a call that I couldn't answer because I was working on the 30th. No message left, but I can't image who else it could have been.

I'd like to know, has anyone else had a 2nd letter saying they need more time?

[orfoster]

Yeh i had the same with my NatWest Credit Card, i just moved on and sent in the LBA letter as that gives them the further 14days, i believe this is just a stalling tactic.

[un1boy]

Don't be phased by them saying it will take them more time - you're the one claiming and setting the timescales, so make sure you keep them. Let play to your tune for a change. This is not their battle!!

[MartinAN]

They have till the 19th Sept to settle on my time scale. (larger than their time scale)

At this point I will phone them, and inform them I'm about to start court procedings. They can settle at that point or have £30 extra to pay because I had to start the court action. If I decide to go with one of these no win no fee agencies, their wining or settling fees will cost them extra too.

[tim2718281]

Originally Posted by MartinAN

If I decide to go with one of these no win no fee agencies, their wining or settling fees will cost them extra too.

I believe you are mistaken.

The kinds of cases raised as a result of bank charges will usually be dealt with in the Small Claims Court; so you will have to pay your own legal fees.

Probably you will not find a "now win no fee" agency prepared to act on your behalf.

I think that's really what this site is about. It is providing guidance for people who cannot realistically engage professionals to do the job for them.

And, while we all must get some feeling of satisfaction at taking on and defeating a large organisation, defeating the bank is not really the aim. The aim is to benefit ourselves - to make a difference to *our* lives - not to hurt the banks and make a difference to them.

Tim

[un1boy]

I agree Tim - it's best to use the guidance on this site and sue the bank privately for your money. I am by no ways legally trained and used to be to shy to complain about anything.

Now, with the help of the people on this forum I am more confident and do not let anyone, no matter the size of the company, treat me like dirt.

[MartinAN]

To Tim 2nd above

Through my researching on the internet alone, I have found many legal agencies who advertise specifically to fight "no win, no fee" cases against banks regarding unlawful fees. Search youself please

Now if I had to pay legal fee's to get unlawful charges reversed, I would totaly expects the the bank to pay for the legal fee's also!

The moment my i believe I am going al the way to paying for a small claims court fee, I will be pulling on family/friends and agencies to get back what I believe is fair!

I dont mind paying £2 for a bounced cheque, plus giving the bank my custom, and a small service free each month. But massive fees (£35) per unexpected accident is massively unfair and not defendable in any moral stance. I have literally starved each time that happened. I am fully self sufficient, do not have anyone pay for even a grain of salt for me, and am paying off old student debts, whilst being on the very low end of personal income in the UK.

I could not find a bank with low charges for accidents and therefore was forced into signing up for one of the banks, because my employer (like all) will only pay by BACS into a bank account. They cannot pay cash in hand! Because I have not choice but to sign up to bank fees, I'm forced to sign to unfair fees if an accident should happen. Hence, the "Unfair terms in a contract" law applies to me fully.

I feel justified in asking for unfair fees back, and the legal fees it cost me too. I'm sure any small claims court would agree.

You are wrong on the point of getting defence, and claiming back fees also Tim.

But I do agree with you of the point about not hurting the bank. This in not my aim and never will be. But I will use everything in my personal/friends/family power to ensure the bank does not get away with the unfair charges.

[tim2718281]

I have now looked, and you're right, there are "No win, no fee" services for recovering bank charges.

However, they charge you for their service, and you will have to pay that charge yourself. You cannot add the charge to your claim in the Small Claims Court.

Tim

[MartinAN]

Hi Nick

It seems its possible to keep 100% of the claim after all. This is good news. Search " no win no fee keep 100% " in google. There are plenty of firms offering it. This service is also adverties on TV.

I dont know how it works, but I'd hope it can be applied to getting refunds on penalty charges also.

...

Onto the original matter, Co-operative bank have repaid their fufair charges in full. They said this is the one and only time! Hope I never need to do it again. As my overdraft will be paid off next month, and most my debts are now gone, I believe there is no downwards spiral for me to be sucked into anymore.

I have always carefully planned financially and will continue to do so. I'm human, so am still frightened of the penalty charges because humans are suseptible to financial accidents. But the bread line is not touching me anymore

[notsmilingyet]

Legal aid can only be given for cases over 3000 pounds so I dont see how the no win no fee keep 100% thing would work.

Congrats on the case win, you can ask a mod to change the thread title if you wish

[MartinAN]

how do I ask a mod to change the title? Not use to these message places yet

[owessomuch]

Hi Martin,

Can I take it that you have won back your bank charges? If so congrats!

Was this repaid after the 1st letter or did you have to send LBA?

[MartinAN]

Yes, they were repaid after 2 and half weeks of sending first letter. Only sent 1 letter (plus a copy a couple of days later).