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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Reclaiming bank charges on a closed account?

    Hey all,
    just a quick one.
    I am negotiating with my creditors to accept Full and finalicon payments on a few debts...7 actually, totaling around £17k. Anyway, 4 out of the 7 have agreed to a 50% settlement which I thought was OK. Just waiting on the others...
    One of the creditors is my old bank, an overdrafticon of £2100 ish. They have said they will close the account once the £1050 has been credited.

    Just need to know if my pending claim for bank charges will still stand if the account is closed. Im hoping it will as this claim was put in long before the debt problems...

    TIA.

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  2. #2
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    Default Re: Reclaiming bank charges on a closed account?

    Hi Jotto,

    Your claim will not be affected if you close the account.

    Have you also checked that the other creditors have the correct documents to collect on the accounts?

    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  3. #3
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    Default Re: Reclaiming bank charges on a closed account?

    Hi Jotto,

    Your claim will not be affected if you close the account.

    Have you also checked that the other creditors have the correct documents to collect on the accounts?

    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  4. #4
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    Default Re: Reclaiming bank charges on a closed account?

    Why don't U wait until AFTER your Claim with this particular Bank??...

    Would your potential Claim proceeds exceed your current O/D with this Bank??...

    Are U negotiating individually with your Creditors
    ...Or are U in the initial process of setting up an IVA??...


    ...


  5. #5
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    Default Re: Reclaiming bank charges on a closed account?

    Quote Originally Posted by havinastella View Post
    Hi Jotto,

    Your claim will not be affected if you close the account.

    Have you also checked that the other creditors have the correct documents to collect on the accounts?

    Jogs

    Ok, now you got me....what documents do the creditors need to collect on the accounts? Should I have read up first???

    Been dealing with an advisor through the CCCS....


  6. #6
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    Default Re: Reclaiming bank charges on a closed account?

    Quote Originally Posted by jotto View Post
    ...what documents do the creditors need to collect on the accounts?
    Bona fide true copies of Credit Agreements...
    Should I have read up first???
    Methinks U don't REALLY want to give U an answer to that, do U?...

    Been dealing with an advisor through the CCCS....
    A genuinely helpful organisation...especially when U consider WHO funds them...
    They WILL help U 'settle' your debts...depends on your moral stand point though
    IMHO......NO CCA = NO Debt

    Other peeps have different opinions...


  7. #7
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    Default Re: Reclaiming bank charges on a closed account?

    OK so I need to look through my paperwork to see if I have ever received a CCA after I applied for each card correct? If I dont have one I write asking to see it and if they cant produce it then what happens?

    Im sure I arranged the overdrafticon over the phone...possibly not. Again do I need a CCA for an overdraft?

    CCCS...are funded by whom? At the end of the day I guess I got in to debt and knew what I doing kind of so whilst I hate to admit it, I dont really mind paying at least some of what I owe....BUT if I have been given money with no CCA then I guess not....

    Answers on a postcard please...

    oh, and, where is a good place to start reading up...me thinks this is going to be a long night!!!
    Cheers.


  8. #8
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    Default Re: Reclaiming bank charges on a closed account?

    Quote Originally Posted by MilkTrayMan View Post
    Why don't U wait until AFTER your Claim with this particular Bank??...

    Would your potential Claim proceeds exceed your current O/D with this Bank??...

    Are U negotiating individually with your Creditors
    ...Or are U in the initial process of setting up an IVA??...


    ...
    1, Just because Im being hassled and I dont know when/if the claim will be settled.

    2, Yes, claiming £3k on a £2k OD. I did suggest to them to knock it off the claim! At least if I win, I get £3k and at present Im only paying them £1k.

    3, CCCS advised me to offer token payments to each of the creditors as I didnt really have enough to go on a dmpicon with them. IVA....no, just trying to rid myself of debt as painlessly as possible.


  9. #9
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    Default Re: Reclaiming bank charges on a closed account?

    Jotto, are all the accounts still with the Original lenders or are some via DCAicon's?

    Jogs

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

    Barclaycard
    : Refund of charges £456.16

    VIRGIN MEDIA : Request of charges, LBA sent

    LLoyds TSB : Refund of charges sent

    Littlewoods/NDR/Moorcroft : You have no idea

  10. #10
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    Default Re: Reclaiming bank charges on a closed account?

    All with original lenders except Barclaycard who passed it to Mercers but as they are inhouse not sure if that counts.....



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