Huge bank charges **WON**

[jamiewalk1]

Hi all,
I am after any information anyone can give me, I wrote to Lloyds and have a list of charges listed as (statement entries) can i reclaim all these charges eg..O/Draft interest, O/D Excess i know i can claim the unpaid DD's etc. This list goes back to december 2001 and these charges add up to over £4800 so far, the others are not listed but they have given me photo copies of my statements to work through so I think it will go over £5000, do I therfore need a solicitor and would it be worth my while to get one or should I just try and claim £5000.

any help would be much appreciated.

Jamie

[mickkid]

If you follow this link, it has templates for letters you can send to financial institutions re. Bank Charges. Apparently, the most anyone should be charged for going over their arranged overdraft limit is £12.

http://www.which.net/campaigns/personalfinance/bankingcharges/whatyoucando.html

See if it helps

[jonni2bad]

Originally Posted by jamiewalk1

...can i reclaim all these charges eg..O/Draft interest, O/D Excess

You certainly can

Originally Posted by jamiewalk1

...do I therfore need a solicitor and would it be worth my while to get one or should I just try and claim £5000...

No you don't. The point about the £5000 limit is that over this sum, the defendant might choose to push for the case to be fast track, rather than small claims, and this opens up potential for costs if you lose. However, they would still have to be prepared to give evidence of their actual loss, and they are simply unwilling to do so, as yet. Others have had refunds in excess of £5k without problem.

Solicitors are not yet prepared for handling these cases, as a rule, but you don't need one, in my humble opinion.

Originally Posted by mickkid

Apparently, the most anyone should be charged for going over their arranged overdraft limit is £12.

NO NO NO NO NO

If you are going to offer advice, at least try to get your facts straight. You are talking about a small part of the OFT statement, totally out of context.

And, why are you giving links to another web site for template letters when they are all here?

jamiewalk1 - just reclaim all of your charges, in total. At least that's the advice. You are not being forced to do so, and you have to be comfortable with your own decisions.

John

[mickkid]

Sorry, I'm new to this site and didn't realise until after I had posted that everything was on this site. Didn't realise the forms were only for Small Claims - was only trying to help!

[HD]

Hi Jamie,

You can claim back all of the charges you asked about with the possible exception of o/d interest. You can only claim back the o/d interest that has been charged on the other charges. There is a spreadsheet in the library by Vampiress that will help you do this.

As regards going over £5k there are pros and cons. If it is over £5k and is allocated to the fast track you are liable to pay some of the bank's costs but you can also make them disclose information that will help your case (banks don't appear to want to disclose this information for some reason and, from what I've read, settle before they have to). Do a search on severing to see what peoples experiences have been to decide the best course of action for you.

As John said ignore the post about charges over £12 that is a misrepresentation of an OFT report on credit card charges not bank charges.

Have a look at the info on the Which site that was linked to and also the library section and the step by step guide in the FAQs on this site. IMHO the info and templates are much better and watertight here than Which.

Please take your time to read all of the FAQ's and some other peoples threads so that you know what the best course of action is for you.

If you have any queries after doing that then please post them back in this thread.

Oh btw, I should have said this at the start of my post, Welcome to the forums

[jamiewalk1]

Hi, I am about to send a letter to reclaim my fees and I do not want to make a mistake as my claim could be over £5000 dependant on what I can or can't claim for.

I am claiming O/Draft Excess, Unpaid S/O, Unpaid D/D

I am not claiming ODraft Interest(Ido not know if it has been charged on the overdrawn amount or not but is a significant sum) should this be included or not and will it afect my claim if I put it in anyway? it does show interest on the prelim letter page(not the 8% when going to court)

I am not claiming for charges from 2001-2000 for overdraft service fee £5 per month or the interest on that.

any help/clarification would be appreciated.

Jamie

[alanfromderby]

The interest claimed has to be specifically accrued by the individual charge - it will therefore usually be a small percentage of the whole interest and can often be a very small amount. I believe that the new spreadsheet is designed to calculate this.

[jamiewalk1]

Hi thanks, I am going to try and use advanced calculator, my charges are listed for example as below , if there are 2 missed payments they are shown seperatly! but interest is on one day also is the interest I use the figure for the following month?

eg 03/04/06 O/Draft Interest 26.56
03/04/06 O/Draft Excess 60.00
03/04/06 Unpaid D/D 35.00

02/05/06 O/Drfat Interest 29.32

Now in the calculator do I use the figure of 26.56 or 29.32 as the interest for the charges?

I will not be entering my claim until next month as have just missed some D/D's so will wait for those charges to be added!

thanks, Jamie

[jamiewalk1]

Hi, I am unsure as to wether or not overdraft interest can be added to my bank claim, I have a list of charges but it does not state whether the interest is as a result of a charge being added to my account. I was approx £2000 overdrawn and the charges are for about £22-30 per month on an agreed overdraft limit of £3000. Any views would be gratefully received.

Thanks,

Jamie

[Bookworm]

JAMIE, PLS KEEP ALL QUESTIONS AND UPDATES RELATING TO ONE CLAIM IN ONE THREAD, NOT START A NEW THREAD EVERY TIME, THANKS.

.

[jamiewalk1]

Hi, I have written my first letter for a claim of £4218.50 , this amount was calculated a few weeks ago and since then I had a computer crash and lost the excel spreadsheet with the charges on, I think in error I included a small interest charge somewhere and when I now add up my charges I get either 4191, 4221 or 4256 but cannot get the first figure I wrote on my letter to the bank.
Does this matter if rectified now?, which figure should I chose to use for my 2nd letter, any assistance would be of great help,

Cheers , Jamie

[Number6]

Hi Jamie and welcome to CAG.

Doesn't really matter at this stage.

Simply amend the figure on the second letter.

Whilst it's obviously better to get everything correct every step of the way it only really matters once you get to the court claim stage.

Pete

[jamiewalk1]

Hi, I wrote my initial claim to Lloyds in October last year (1st letter) and received there response from Andover that it was the banks final response etc...Since then due to family problems I did not continue the claim, do I just start from the second letter?? or do I need another 1st letter.

Also my claim is from 26/04/2000 so 7 years really is this still an exceptable timeframe or do I need to just claim from say todays date 6 years ago.

Any help would be gratefully appreciated and I will keep this site updated.

Jamie

[BARTY]

Hi
I would send them the LBA, give then 14 days then start the Court action.
I'm sure you can only go back 6 years, not 7, so Lloyds might pull you up on this.
Good luck, let us know how you get on.
Barty

[jamiewalk1]

Hi Thanks, would you sart the spreadshhet of charges from 08/01/2001 or 26/03/2001, just a bit unsure on how exact you have to be with the dates.

Also is it advisable to use the money claim online, when would I send the bank a list of charges I also guess not to include intest with this speadsheet.

thanks

[jamiewalk1]

my first letter to lloyds was dated 02 oct 2006 if this matters

[jamiewalk1]

Hi all,
just sent LBA and preparing the court form N1 and been looking at the template on here, do I need to include the bottom bit as I have no idea what it means or if I need to put it in my claim, I am not claiming any overdraft interest and the figures are my actual ones.

Charges £3801.00
Overdraft Interest ( I will miss this bit out)
Interest under s.69 County Courts Act 1984 £827.68
Court Fee £120.00

TOTAL £ 4628.68

(do i need this below or do i just write the first bit in black and second bit in black missing out the red, any help appreciated.)

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.