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Hi
I've just lodged my own case with Lloyds TSB with the Court, and have started going through my brother-in-laws RBS statements so I can send the preliminary request for him. As I've gone through them I've noticed that he has got a £30 Default Notice Fee, and £400 Court Fee (The bank took him to Court as his circumstances had changed and he needed to make reduced payments to his overdraft). Can he claim these back? The total that he owed at the time was half made up of the charges that they had unlawfully taken from him.
Any advice would be greatly appreciated.
Thanks
You can definately claim the default notice fee, I'm not sure about the court fee .....unless you had that judgement overturned I dont think you can claim the £400 back.
That seems a lot just for a court fee though, are you sure that didn't include solicitors costs as well?
Thanks for that, he hasn't had the CCJ overturned and he's only just told us about it. It doesn't go into detail about what it is for, it's just a £400 charge on his bank statements - like you say I think it's high for court fees, especially as his overdraft was under £2k and he was making regular payments, but they weren't as high as they had demanded as his income had dropped by loads. I don't think he defended it at the time, just buried his head in the sand so I don't think we can do anything about it now. I'll add the default notice fee to the schedule, thanks.
WCTL x
Lloyds ... SAR Sent
RBS ... SAR Sent
Birmingham Midshires ERC ... LBA Sent
Now that may give you something to check, with them putting these court fees on his bank account make sure they did not charge interest on those charges because they cannot charge interest on court fees.
It is highly irregular for someone to put court judgements on to a bank account without express permission of the debtor, there is something fishy about that, but knowing the RBOS like I do they think they are Gods and can do what they please.
Default Notice Fee & Court Fee Advice Needed
TSB with the Court, and have started going through my brother-in-laws RBS statements so I can send the preliminary request for him. As I've gone through them I've noticed that he has got a £30 Default Notice Fee, and £400 Court Fee (The bank took him to Court as his circumstances had changed and he needed to make reduced payments to his overdraft
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