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.
Before i ask, I would like to say that I PROMISE FAITHFULLY, I have been reading through the FAQ's and the threads for a few weeks now.
Ive recived my Statements for the last 6 years from RBS and Ive used Vampiress's Spreadsheet - thanks V, to compile a list of the charges. However, when its come to the crunch with entering the interest on the charges, Ive kinda lost my bottle a bit. Im really not sure if Im trying to claim the right things back
On my statements, which I am ashamed to say, I didnt really take much notice of until now, there are lots of different charge types. I think I've narrowed them down to the following, but can i just double check?
e.g
1. INT TO 14 May A/C ######## £8.88
This is the interest applied on top of the monthly overdraft Charge? This is applied when you go over your overdraft?
Can I still claim this back?
Does this go into the spreadsheet?
2. CHG TO 14 MAY A/C ######### £15.00
This is the Lawfull charge for the overdraft?
I dont claim this back?
3. UNPAID ITEM(S) £30.00
Referral Charges £90.00 or £30 or £60.....
etc......
I Know I do claim these back.
I'm looking for £1995.00 back in unlawful charges, but ive decided not to go for much of the interest - example 1, unless this sounds like a totally stupid idea because I'm entitled to go for it. Could somebody advise please?
Furthermore, I closed my account and I'm now paying off the overdraft which should have been £600 but got to £900 because of all the charges they applied, and never seems to go down because I'm still paying interest on this amount. Unfortunatly I'm dealing with Moorcroft / CMS!!
Even if I dont go for the interest thats been applied through the duration of the account, can I still claim for the interest thats been applied whilst its been with Moorcroft because they add up to about £150, and you can certaily see off the statements that the only reason my OD escalated to over £900 is due to charge, then interest, then charge, interest......and it goes on!
Im sorry if this is a bit upside down, but Ive sort of bumped into myself coming backwards - if you know what I mean?
I would really appreciate somebody taking a few minutes out to advise me. I know your all very busy, but I'm a bit lost.
Im really looking forward to getting beyond this stage, because I dont mind the fight itself, I just want to make sure I get my facts stright first.
I am not sure about "1" , you can claim back "3", but you are right, you cannot claim back "2".
You are paying them for a service, ie, your Royalities Premier account and the very few benefits that go with it.
Royal Bank of Scotland
24/05/06 - Requested 6 years of Statements - Received 09/06/06
12/06/06 - Initial letter sent requesting refund - Response received 21/06/06 - 'Sod Off.....'
27/06/06 - LBA Sent - 31/07/06 - Response received 31/07/06 - 'Sod Off....'
01/09/06 - Claim Submitted - 04/09/06 - Claim Issued to RBS.
I thought you could claim this back (Number 2 chg to A/C) i have the same on my statments i phoned the bank up and they explained it was a charge for going over drawn ie:if you look it happens some months and some times it dosent, and i am sure i saw it in the forum that you have a right to claim this back ???
You cannot claim 1 or 2 - just 3. interest comes into it when you go to moneyclaim.gov.uk to take them to court - and then you can add 8% apr to each charge unlawfully levied against you.
I was pretty sure that you could claim back number 2 as afterall it is a penalty for going overdrawn.
Can someone confirm if thats the case cause if so bang goes my claim as thats what most of my charges are (i.e. for being overdrawn)
EDIT - Taken from the FAQ
Q. I have been charged (£20, £25, £35 etc...) by my bank/credit card company for going over my agreed overdraft limit. This was entirely my own fault. Do I still have grounds to start legal proceedings against them for recovery?
A. The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you may have grounds to recover your money
I have charges similar to your example 2.
they appeared on my statements as maintenance charge.
It is for the same reason, for goin over my limit.
But mine was an R21 account so i dint have any service charges, so claim for them.
Go for it.
I have sent my first (premi) letter away, most of my claim is CHG to A/C as well, and i am claiming it back there is no way the bank is charging me 25 pound plus interest total 50.00 pounds, a month this is a Chg and u can claim this back. i think (Not the interest but the chg to A/C). If someone knows better PLEASE LET US NO. come on there must be other people out there who can help
Seems like I've opened a can of worms here. Still not figured out the answer to this question so I'm just going for the "original" charges and leaving the interest out of the equation for now.
I'll let you know how I get on. Thanks for all your help so far. Im sure i'll be calling on your services in the near future.
Just a quick question on the charges that appear on a separate sheet enclosed with bank statements.
It is headed
"ADVICE OF SERVICE CHARGE FOR THE PERIOD (DATE TO DATE)"
Basis of Charge
The charge is based on a Maintenance Charge of: £xx
Plus a fee of: £xx
Service Charge to be applied: £xx
Then goes on to give advice of overdraft interest which is variable of course.
I have an agreed overdraft and pay a fee as I have a Royalties Gold account. I know that I cannot claim this back as it is an agreed fee for a service.
The "maintenance charge" does not appear every month and I presume it is due to the fact that some months I go over my agreed overdraft limit.
Is this an unlawful charge and can I claim it?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received