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.
Hiya I have only just registered here, have been having a good look around though, I am hoping I can claim my charges back, over the last 3 or 4 years since I gave up work to look after my two young sons, I have found it increasingly difficult to get money into my account on time to pay direct debits etc.... The charges I am incurring for these have made matters worse as if it wasn't for the charges I would have been able to get my account in order but as fast as I am putting money in my account to cover direct debits it is getting taken back out to cover charges, therfore I get charged again as the money is no longer there to cover direct debit. Does anyone think I have a case, I have looked at my online banking over the last 20 months or so as that is as far as they go back on there and the total charges for that is over £2000.00.
If you think I should go ahead with a claim am I right in thinking I need to send them the letter headed: Data Protection Act 1998 Subject access request
Am I right in thinking this is the first letter I send to request a statement of charges made to my account.
If so do I need to alter it in any way other than adding my bank detail etc... for instance it doesn't say on there that I want the last 6 years of charges.
Hi and welcome, yes thats the right letter! it should say on there about the 6yrs if not just put it in! ok?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Does anyone think I have a case, I have looked at my online banking over the last 20 months or so as that is as far as they go back on there and the total charges for that is over £2000.00.
Yes, you can claim it all back
Originally Posted by west
If you think I should go ahead with a claim am I right in thinking I need to send them the letter headed: Data Protection Act 1998 Subject access request
Correct, don't forget to include the £10 fee
Originally Posted by west
Am I right in thinking this is the first letter I send to request a statement of charges made to my account.
Yes
Originally Posted by west
If so do I need to alter it in any way other than adding my bank detail etc... for instance it doesn't say on there that I want the last 6 years of charges.
No, the Data Protection Act requires the bank to supply information from the opening of your account
That is great, thanks for the information. One other thing, sorry to be a pain, I have been looking for the address to send this to, the bank in question is Halifax, I have looked in the halifax thread and there are a number of different addresses, can anyone help with which address I need to send this DPA letter to.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Hiya can anybody help me with what to do next, I have today received all my backlog of bank statement which I have highlighted all my charges over the last 6 years, I have seen somewhere on here people talking about entering all these into an interest calculator and something about to begin with do not enter the interest amount????? Can someone tell me if this is correct and if so where I can find the interest calculator (I have found a spreadsheet of somesort but not sure if it is what I need [/http://www.bankactiongroup.helpw ithmypc.com/resources/BankCharges.xls )
The spreadsheet you have found is for the 8% interest which you claim at court.
There are 2 instances of interest you can claim:
1.When you go overdrawn the bank will charge you interest, perfectly lawfully.
However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.
Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this
It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother
Ok, thank you for that, well in my case my claim is going to be for about £3,350.00 roughly (havn't worked it out exactly yet). I will probably not worry too much with the interest on overdraft as I wouldn't have a clue where to start with that!! So should I now just add up the correct amount of charges and send the prelim letter with this amount on, or should I be doing something else too.
Ok, sorry if I am sounding really dumb here, by enclosing a schedule of charges do you mean I should list each one out to them, if so on my statements it doesn't tell me what exactly each one was for it just says 'charges as notified' I have the amounts and dates although the amounts are sometimes grouped together if I ended up with two or three charges on one day, for instance it says 'charges as notified £90.00' this is infact 3 charges of £30.00 Hope this is all making sense.
Firstly I would like to thank those who have helped me get my claim on it's way, I was completely baffled when I started but I am finally getting there.
I thought I would start this thread so myself and others can track my progress.
I have today prepared my prelim letter claiming £3,348.00 and enclosed a schedule of charges, which I will send tomorrow.
Can I just ask once I send my letter tomorrow claiming the charges, I give them 14 days to reply to me and if they do not reply I then send them a letter before action???
Hiya well the 14 days will be up on friday since I sent my prelim letter and so far have heard nothing, I sent it via recorded delivery and today I have been onto royal mail website and according to that there is no information to say it has been delivered. So I called royal mail and the person I spoke to said the same that there is no record of it being delivered but then addeded that doesn't mean they haven't received it as businesses do not always sign for their mai. So what should I do, I don't REALLY!!! want to call the Halifax as I would rather comunicate with them via letter as if they start discussing my claim with me on the phone I will end up getting all tongue tied. Any suggestions would be appreciated. I know the 14 days are not quite up yet But it is getting very close.
Someone has suggested that I send another letter enclosing a copy of the first one and give them an extra 7 days as a gesture of goodwill, what do you think??
Hiya well the 14 days will be up on friday since I sent my prelim letter and so far have heard nothing, I sent it via recorded delivery and today I have been onto royal mail website and according to that there is no information to say it has been delivered. So I called royal mail and the person I spoke to said the same that there is no record of it being delivered but then addeded that doesn't mean they haven't received it as businesses do not always sign for their mai. So what should I do, I don't REALLY!!! want to call the Halifax as I would rather comunicate with them via letter as if they start discussing my claim with me on the phone I will end up getting all tongue tied. Any suggestions would be appreciated. I know the 14 days are not quite up yet But it is getting very close.
Someone has suggested to me that I send another letter with a copy of the first and then give them another 7 days as a goodwill gesture.