josflat vs Co-op

[josflat]

Hi

Today finally received my statements from Oct 2000 to present day.

Just about to send off a prelim but I have a couple of questions first if anyone can help?

Can we claim back the service charge? Over the six years I have service charges ranging from £8 - £25 but Co-op does not state what these are for. I think they were charges for exceeding O/D limit but can't be too sure.

Also when listing a schedule of charges as Co-op don't list the reason for charges can I just put down 'commission' and the date and amount?

Also has anyone had to close their account with Co-op because of trying to reclaim charges?

Any help would be appreciated.

[josflat]

Having a look round on previous threads I think I can claim back any service charge over £10.

Was going to have a go at claiming contractual compounded interest at co-op unauthorised overdraft rate of 29.9 however this puts my claim about £70 over the 5k mark.

I was thinking of still sending off the pre lim and LBA with this figure but if no luck and I have to go to the court stage claiming just a max of £5000 - would that be ok?

Any help would be appreciated.

[hagenuk]

Hi There

The service charge is usually something that you cannot claim back as this is not a penalty charge, but many banks will lump the service charges with any penalties that month, which is perhaps why this tends to vary.

Regarding the contractual interest claim, you should look here for details of how one Judge looked at this and why before you decide to go down this route.

Post #5 Case Management Conference 13th Oct. 06

[josflat]

Hi

I have totalled up my charges (around 1.5k) and have decided to claim for contractual compounded interest, the only problem is that the interest takes the claim over 5k.

I don't know if claims have been paid out on contractual compounded interest with the Co-op but I thought I'd give it a try as I was successful with MBNA.

Should I persue the full amount or break it into two claims? Also if the charges amount to less than 5k can I still claim through small claims if the interest takes me over that amount?

Any help would be appreciated.

Jo

[Advoc8]

If you're claiming contractual interest and that takes you over £5000 then you may well be allocated to the fast track but you can argue on your allocation questionnaire that your claim should be dealt with in the small claims track.

Splitting claims - up to you but it's not something I would do unless you're prepared to let one be settled before you put the second one in.

[121o121]

I agree with Advoc8

You can still request the small claims track. It is the judges decision, but he may still accept it.

What stage are you at?

[josflat]

Just starting and about to send prelim but wasn't sure if I should split the claim, can I send off the prelims and LBA for the full amount but then the split the claim when it gets to the court claim?

[Advoc8]

Originally Posted by josflat

Just starting and about to send prelim but wasn't sure if I should split the claim, can I send off the prelims and LBA for the full amount but then the split the claim when it gets to the court claim?

Don't really see the point of that unless the possibility of a fast track hearing really worries you. If you're going to split the claim I'd claim for all the charges for one period of time first, get that through then claim for the second period. Different prelims and letters of claim, you're only adding a small further delay.

[josflat]

I haven't really studied much about the fast track hearing, my previous claims have all been under 5k so it has never been an issue before I guess there's always a worry when sailing uncharted seas!

[Advoc8]

Originally Posted by josflat

I haven't really studied much about the fast track hearing, my previous claims have all been under 5k so it has never been an issue before I guess there's always a worry when sailing uncharted seas!

The principle difference (apart from costs) is disclosure. On fast and multi track hearings parties must disclose any information they have that adversely affects their case (in this case the actual cost to them of you breaching your contract). This would effectively open a huge can of worms so the banks will avoid fast track hearings like the plague and settle early so they don't have to disclose.

[josflat]

Originally Posted by Advoc8

The principle difference (apart from costs) is disclosure. On fast and multi track hearings parties must disclose any information they have that adversely affects their case (in this case the actual cost to them of you breaching your contract). This would effectively open a huge can of worms so the banks will avoid fast track hearings like the plague and settle early so they don't have to disclose.

So if I wanted to claim the interest it would probably be better to go via fast track then? If i'm right costs should be £250, which is not much of a problem seeing as they have to refund it anyway...

[Advoc8]

Originally Posted by josflat

So if I wanted to claim the interest it would probably be better to go via fast track then? If i'm right costs should be £250, which is not much of a problem seeing as they have to refund it anyway...

If you've researched the contractual interest element properly and are sure you can plead it properly and argue it in court if it goes that far then the fast track might work to your advantage. To be honest I've not kept up with the contractual interest arguments so I'd recap on the relevant threads and make sure you've got your details correct.

[Paintball]

Hi Josflat

There's a walloping great thread in General 'Why is no-one claiming contractual interest?' - I'm proud that you intend to go for it!

Two people on the above mentioned thread who seem very knowlegeable and helpful are Mindzai and BillK. You could try sending them Private Messages for assistance ... with the question itslef and how you present the information to the Co-Op.

Good luck and keep us posted.

P