Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi there, firstly, thanks for all of the useful advice on this forum and for the hours of time that many of you have given freely. My partner and I (under her log-in) have been perusing this site with interest for a couple of weeks. I have now decided to take the plunge and am about to embark on attempting to recover excessive bank charges from Natwest. I have 2 current accounts with Natwest. Phoned on the 14th of June requesting historic bank statements from both accounts (while requesting statements I mentioned that " I understood that I could request them under the Data Protection Act - they offered the last 6 years, which I took ). £5 debited from my account on the 14th June, tatty, brown, ripped envelope arrived on Friday 14th June containing 6 yrs statements for one of my accounts. They managed to 'forget' to process my request for statements from the second account, so will call and chase-up tomorrow.
Have gone through statements from account no.1 and have calculated £2,747.00 worth of charges and £265.71 interest over the last 6 years!!!!
(using the excel spreadsheet as provided in the template library ).
Planning to send a 'preliminary approach for payment' letter based around the templates so kindly provided, tomorrow, via recorded delivery. Hoping to open back-up account next week.......
Here goes, fingers crossed...... will keep you posted!
Well done you. It's nice to find someone has done their homework to claim back unfair bank charges, read the FAQ's and clearly got such a good handle on it. Obviously you know we are here if you need us, but keep us posted anyway. I won't bother wishing you luck, because luck doesn't come into it.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Received the above letter on the 27th June in response to our Preliminary letter (of the 24th June)....... LBA time me-thinks. Received our second lot of statements for account no.2 yesterday and preparing the prelim. letter and charges spreadsheet to send for that account - recorded delivery tomorrow. We're also sending a slightly ammended version of the DPA, as we odered statements originally by 'phone, but want to ensure that we are covered (for the manual intervention clauses etc.), in case things get to court. Double-checking figures on spreadsheets for one last time before sending the letter before action. Time to take the plunge...... anyone out there who's gone all the way - does this sound right? Wish us luck!!!
Hi there, we are about to file our claim with the county court but have one question and would be most grateful if someone could advise. I have 2 bank accounts (in the same name) one for which I am claiming 1,648 charges and 195.61 interest (totalling 1,843.62) and the other 2,747 charges and 265.71 interest (totalling 3012.71) can we file one claim for both accounts (Does the 5,000 small claims limit refer to the claim on the charges alone or is the interest included) or is it recommended that we file two separate claims? Thanks!!!
Hi there, we are about to file our claim with the county court but have one question and would be most grateful if someone could advise. I have 2 bank accounts (in the same name) one for which I am claiming 1,648 charges and 195.61 interest (totalling 1,843.62) and the other 2,747 charges and 265.71 interest (totalling 3012.71) can we file one claim for both accounts (Does the 5,000 small claims limit refer to the claim on the charges alone or is the interest included) or is it recommended that we file two separate claims? Thanks!!!
You're ok in small claims as your total is £4590.62 - charges and the 8% interest doesn't figure into that amount for the purposes of determining which track it goes to (ie small claims, fast track, multi track).
If my reply or advice was helpful, please click the scales! ------- DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation. -------
Thanks for that thunderpuss Can I clarify then, that the threshhold of 5000 applies to the charges alone that we are claiming for, excluding the interest relating to the charges ...... (I understand that the extra 8% interest doesn't come into play untill actual court stage). Would someone mind confirming then that we can file ONE claim for the total of 4395 charges with 461.32 interest (NOT allowing for the 8% interest) across both accounts held in the same name? MAny many thanks
That would be fine. Just so you know, the court fee would be £250 (recoverable for winners!)
Also, you seem to have posted some sort of image in post 3 (now deleted) - this was creating a pop up window for BT dial up whenever this page was opened. Not sure what it was or why, but please be aware that whatever it was created a problem on this site (hence the deletion).
Thanks.
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Thanks for that thunderpuss Can I clarify then, that the threshhold of 5000 applies to the charges alone that we are claiming for, excluding the interest relating to the charges ......
Yep, as jonni2bad has said it's fine. To clarify, only the claim itself is taken into account and not any interest - as the claim for interest can add a substantial sum to the claim, especially if the claimant has delayed before issuing proceedings.
(so it says in this book I've got in front of me)
If my reply or advice was helpful, please click the scales! ------- DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation. -------
Many thanks guys, will crack on now with completing a claim form.(Sincere apologies regarding the image - we tried to scan in a letter as received from the bank - sorry! didn't realise it had caused any problems)
The court have written to me saying that I need to red-line in ink my original claim (how very 21st centuary!), rather than submit a new claim with an application notice, as I did - follwing the advice on the tread above (no blame on the advisors of course, but a lesson learned and shared for anyone else in the same position).
I will be sending my red-lined claim (re-attaching the statement of charges) back this week with a letter explaining my errors to avoid further confusion.
In the meantime, I have had an offer from Stuart Higley of Natwest on each of my accounts!!!!
The first is for £2,808.00 (the claim is for £2752.51)
and the second is for £2481.00 (the claim is for £4538.10)
It appears that there is no relationship between the offer and the claim amounts?!
Anyway..... I have read that some people have rejected the offer but suggested that the bank pay it as a part payment.
A few questions:
Is it wise to suggest that Natwest make the payment as a part payment now?
Has anyone been sucessful in getting part payment and then getting the rest through the court?
Does anyone have a nicely worded letter I can use?!
Should I just reject at this stage as I am already involved in the court process?
Most people reject the the first offer and carry on through the court stages, but it is your money and your decision.http://www.consumeractiongroup.co.uk...ng-offers.html. I returned a cheque twice for £3,700
before they eventually settled.
A person is only as big as the dream they dare to live.
Good things come to he who waits
Its your money taken unlawfully from your account and you have a legal right to claim it back.
As instructed by the court, I sent my amended claims (now consolidated into one claim as required by the Judge) back to the court and to Cobbetts (both recorded delivery) on the 5th July. It's now the 1st August and I've not had a peep from Cobbetts or the court.
Does anyone know whether the time limit for the defence applies where an amended claim is sent in?
I'm hoping that someone might be able to advise on what the next stage might be if there is no defence provided...
I'm hoping I'm on the last stretch now as it's now been a year since I started the process (admittedly due to my initial mistakes in my first claims). I've still been getting charges on my accounts so if or when I get my money back, I intend to do the same for my charges since Jan 07!
Hi Steve - what stage was your claim at when you filed the amendment? (e.g., what date did you file at court, had you received acknowledgement of service, etc).
Can't find what you're looking for? Please have a look at Michael Browne'sA-Z Guide
I had received a defence from Natwest and a letter from the court, transferring my case to my local court. It encloses the Defence and the Request for Further Information and Clarifcation.
The letter also states:
IT IS ORDERED THAT:-
1. The filing of an alocation questionnaite be despensed with in this case unless the District Judge at the court of trandfer orders otherwise.**
Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such aprty must apply under Rule 23.3 within 14 days of this service order.
** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.
Does this help - I can check my paperwork tomorrow morning if you need any more info
In which case, I feel you need to contact the court to ask what's happening with your claim and when you can expect further directions from them.
As Cobbetts have already submitted their defence they don't have to submit another one because you've amended your claim (the original template they sent you in the first place will still 'stand'!)
So your first and only port of call really is the court - they've had your amendment for two months now, you're entitled to know what's happening.
I called Brighton Court and a very helpful lady there said that my claim was in a backlog waiting for the Judge to review. She told me that the majority of claims are being put on hold pending the High Court hearing. This was scheduled for Jan/Feb (she couldn't recall). She said either party may then appeal so if my claim made it to a hearing then that could be as late as March/April next year.....
Obviously I was very disheartened by this news!!
The today however I received another settlement letter from Natwest - offering me about £5200 (my claim is for about £7500).. Deal or No Deal!!??
Any advise... I'm assuming others are aware of the hold being placed on claims?
It's a NATIONAL-WASTE- MISTER!!!
for a couple of weeks. I have now decided to take the plunge and am about to embark on attempting to recover excessive bank charges from Natwest. I have 2 current accounts with Natwest. Phoned on the 14th of June requesting historic bank statements from both accounts (while requesting statements I mentioned that " I understood that I could request them under the Data Protection Act - they offered the last 6 years, which I took ). £5 debited from my account on the 14th June, tatty, brown, ripped envelope arrived on Friday 14th June containing 6 yrs
and £265.71 interest over the last 6 years!!!!
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Originally Posted by smokeandmirrors
Can I clarify then, that the threshhold of 5000 applies to the charges alone that we are claiming for, excluding the 
