claiming for ACCOUNT CHARGEs that were incurred because of previous,unlawful charges?

[newacre]

i have said in my prelim letter that i am claiming for these, where they are solely due to other unlawful charges. i have included them in my spreadsheet along with the unlawful ones;

"... I do not wish to dispute the lawfulness of these, currently £7, which are for arranged overdrafts. However, I calculate that I would have been in credit in every month since and including August 2003, had it not been for the unlawful charges made before that date. As these costs were only incurred as a result of such charges, I am, therefore, liable neither for them nor the interest subsequently charged on them, as these would have both been avoided."

i can't see anything amiss with this as i want them back along with interest just the same as the others. however, i have never heard it mentioned and it doesn't appear in the list "Step 4.) Things You Can And Can't Claim For".

any comments before the LBA goes today?

[GaryH]

As I understand it, the £7 charges are'nt for the overdraft as such, but for the 'superior' grade of account and the 'benefits' that go with it. Dodgy ground IMO, not recommended.

[newacre]

gary

they are specifically for going overdrawn. you get all the 'benefits' for free if you're in credit. therefore if no charges = no overdraft then you should get them back just the same as the others?

[GaryH]

In that case, if you could substantiate that you incurrede them SOLELY as a result of unlawful charges, I think you'd certainly have a case for claiming the £7 fee's as well.

[veryannoyed]

Slap them in the claim, it is up to Lloyds to PROVE they are not unlawful charges, not for you to prove that they are.

[GaryH]

Well actually, the burden of proof is with the claimant. In this particular case I think the £7 fee's are claimable, as they were incurred solely as a direct result of unlawful charges.

However, if this were not the case and someone "slapped them in the claim" recklessly whilst aware that they are not actually claimable, you could end up in alot of trouble further down the line. A) The bank would'nt pay them, and B) if you dug your heels in and it got to court you could end up with your claim being struck out.

[newacre]

the point is that they are not unlawful, in themselves but that they are not correctly made for the reason stated;

i have calculated the balance without the unlawful charges and don't see why my mate should pay charges like these when the overdraft was entirely composed of their penalties. to me it is the same principle as claiming back the interest on unlawful charges;
can't complain about the rest of the interest but want that portion of it back.
can't complain about the legitimate charges when he has gone overdrawn because of his spending but want these back when it is down to them farming his account for every penny they can get!

to me, they are exactly the same as any unlawful charge and the only reason i ask is that i haven't heard anyone mention this.

[livelylad]

In this particular case I think the £7 fee's are claimable, as they were incurred solely as a direct result of unlawful charges

I agree with Gary these fees should be claimed back as they are a direct result of unlawful charges.

[GaryH]

Yep, go for it. Just make sure you can substantiate it.

[newacre]

thanks all. i thought it was ok but it's always good to check