Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Default Nowrich & Peterborough - Bank Charges

    Hi.

    I sent Norwich and Peterborough a Letter dated 6th February 2008 stating i wish for all the charges made on my account be refunded.

    07th February - Letter was received from the bank as below






    In response to the above letter received from Norwich and Peterborough,

    10th February 2008 - I issued the below Claim.




    Now going by the Letter received from N&P they may try and get the case stayed. However after looking at the case in London they are not listed as
    a defendant listed. So not sure if they can still use this as a defence.

    on another note, my charges are not that of overdrafticon issues but that of charges for unpaid cheques on the account.

    Similar Threads:

  2. #2
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    Default Re: Nowrich & Peterborough - Bank Charges

    Have sent N&P a letter informing them of my action. Now have to wait to see what happens



    :grin: Capquest Case Resolved and Account Closed :grin:

  3. #3
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    Default Re: Nowrich & Peterborough - Bank Charges

    David

    It might be a good isea to remove your real name from these documents and get your username changed - banks read these threads

    Steven

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  4. #4
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    Default Re: Nowrich & Peterborough - Bank Charges

    Hi steven,

    Is there a legal issue with my name being there, I have removed address and account numbers etc?

    :grin: Capquest Case Resolved and Account Closed :grin:

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    Default Re: Nowrich & Peterborough - Bank Charges

    Is there a legal issue with my name being there,
    Not at all, it's just that banks do monitor these forums and there no point in making it too easy for them to identify individual claimants.


  6. #6
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    Default Re: Nowrich & Peterborough - Bank Charges

    Have any of you seen the below

    Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.

    May help people who are on benefits etc, continue there claim in court

    :grin: Capquest Case Resolved and Account Closed :grin:

  7. #7
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    Default Re: Nowrich & Peterborough - Bank Charges

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
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    to your thread and I will do my best to answer there.

  8. #8
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    Default Re: Nowrich & Peterborough - Bank Charges

    Good News

    mcol have accepted the claim

    Date of Issue: 11/02/2008

    :grin: Capquest Case Resolved and Account Closed :grin:

  9. #9
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    Default Re: Nowrich & Peterborough - Bank Charges

    Hi benwell

    Does that mean they have not stayed it? they usually stay bank charge claims automatically.

    Steven

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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
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    to your thread and I will do my best to answer there.

  10. #10
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    Default Re: Nowrich & Peterborough - Bank Charges

    Nope, its not been stayed had this confirmed, but the bank may request this they said.

    I then would need to object.

    :grin: Capquest Case Resolved and Account Closed :grin:

  11. #11
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    Default Re: Nowrich & Peterborough - Bank Charges

    done another claim, again confirmed all been passed



    :grin: Capquest Case Resolved and Account Closed :grin:

  12. #12
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    Default Re: Nowrich & Peterborough - Bank Charges

    Had a phone callicon today from David Presland - Operations Manager of Norwich & Peterborough Building Society.

    He confirmed receipt of my court claim and said he wanted to talk about ways to avoid getting bank charges etc.

    I said, i had cancelled all Direct Debits, and do not issue cheques anymore.

    I also said, if they had given me a debt card when requested then i would not of issued any cheques and therefor would not have had the charges.

    He then went on to saying, they are developing a new debt card system later this year which only allows customers to spend money on the account and not go over drawen. He said he would add me to the list.

    He then said, he will speak to the legal department on Monday and come up with an agreement (Out of court) but said this may not be to the full amount of the claim (50%) if i dont agree to this then they will defend the case.

    Regards

    Dave

    :grin: Capquest Case Resolved and Account Closed :grin:

  13. #13
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    Default Re: Nowrich & Peterborough - Bank Charges

    what do you guys think i should do?

    :grin: Capquest Case Resolved and Account Closed :grin:

  14. #14
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    Default Re: Nowrich & Peterborough - Bank Charges

    Quote Originally Posted by benwell View Post
    if i dont agree to this then they will defend the case.
    It will be a first if they do

    Steven

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    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  15. #15
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    Default Re: Nowrich & Peterborough - Bank Charges

    Im now in receipt of a Letter making an out of court settlement which i may accept as its not far short of what ive claimed

    :grin: Capquest Case Resolved and Account Closed :grin:

  16. #16
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    Default Re: Nowrich & Peterborough - Bank Charges

    I today received a letter from the court advising, N&P will be fileing a defence to my claim, of which they have been given 28 days to file it.

    :grin: Capquest Case Resolved and Account Closed :grin:

  17. #17
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    Default Re: Nowrich & Peterborough - Bank Charges

    Email received today

    I asked them to transfer the case but they refused

    Good afternoon,

    Thank you for your email. Your case cannot be transferred as it has been stayed. Your case was stayed on 03.03.08 as per the District Judges Orders. All claims against banks for bank charges have been stayed until the Office of Fair Trade (OFT) test case has been heard in the High Courts. Once the OFT test case has been heard you will be notified of the outcome and your options of how to proceed. For further guidance on how to continue or more information on the OFT test case you may wish to seek legal advice or visit your local Citizens Advice Bureau.

    If you have any further enquiries, please check our online Frequently Asked Question (FAQ) section
    http://www.hmcourts-service.gov.uk/cms/1051.htm

    Regards,

    Ben Battisson
    Money Claim Online
    Northampton CCBC


    :grin: Capquest Case Resolved and Account Closed :grin:

  18. #18
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    Default Re: Nowrich & Peterborough - Bank Charges

    Not surprising, unfortunately

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
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  19. #19
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    Default Re: Nowrich & Peterborough - Bank Charges

    The charges below are all for a unpaid Cheque

    the first fee of £29.50 for returning the cheque

    then the other fees are for there £29.50 putting the account in an overdrafticon.

    Since i issued my claim, i have not used the account anymore, so they contine adding the fees, as i am no longer paying money into the account.

    so for a £15 cheque they are going to charge me £228 per year

    I've contacted the court about this and asking that action needs to be taken, but they refused and said, sorry Case Stayed until Test Case




    ========================= ========================= =============
    DATE Desc Fee Account Balance
    ========================= ========================= =============
    10 Jan 2008 CHEQUE CHG 612367 29.50 22.75-
    31 Mar 2008 OVERDRAFT INTEREST 0.01 38.06-
    31 Mar 2008 OVERDRAFT FEE 19.00 38.05-
    29 Feb 2008 OVERDRAFT INTEREST 0.05 19.05-
    29 Feb 2008 OVERDRAFT FEE 19.00 19.00-
    The Latest from the bank, is if i don't pay there fees off, they will default my credit file

    :grin: Capquest Case Resolved and Account Closed :grin:

  20. #20
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    Default Re: Nowrich & Peterborough - Bank Charges

    still be charged so on 14/04/08 sent below letter, hope this does the trick


    REF: county courticon Claim


    Despite my county court claim against Norwich and Peterborough Building Society,
    The society continues to deduct fees from the account.


    Due to my case, I advised the society I would no longer be using the account until the dispute is complete. However, due to a fee charged on 10th January 2008 which put the account into an “unplanned overdrafticon” accrued an overdraft fee on 29th February 2008, the same happened again on 31st March 2008.


    It appears, your initial fees put the account into an unplanned overdraft to which I have not made any agreements for your society to make use of. Nor did I at any stage give written or verbal permission to setup a overdraft on the account, Planned or otherwise.

    I am also in receipt of a letter from your society advising if I don’t pay money into the account to bring it out of the unplanned overdraft, the society would register this information with the credit reference agencies.

    I would like to remind you, that the account is in formal dispute with legal proceedings attached to it. Therefore, I ask for the fees below to be refunded with immediate effect.

    In the circumstances, I am entitled to request the following:-


    • You’re undertaking not to repeat adding charges to this account.
    • You’re undertaking not to issue any adverse information with the credit reference agencies.
    • Your proposal for paying suitable damages.


    However, in an effort to resolve this matter as soon as possible, I am prepared to defer further legal action if you desist from making further charges to the account and reframe from placing any information with the credit reference agencies.


    I will defer further action until Monday 21st April 2008 to enable you to comply with the terms of this letter, failing which I shall commence appropriate action against the society without further notice.




    The below are a list of fees, I require to be refunded immediately





    Yours sincerely


    :grin: Capquest Case Resolved and Account Closed :grin:


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