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

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  1. #1
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    mollyhannah Novitiate

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    Question what constitutes a penalty charge

    Hi everyone i have been charged for bounced cheques and direct debits and i know they are penalty charges but what about when you cancel a cheque and they charge you £7.50 for this. Is this also classed as a penalty charge. Sorry if this is a really stupid question.

    Thank you
    Karen

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  2. #2
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    Default Re: what constitutes a penalty charge

    hi, and welcome, it is a penalty charge but if it's only £7.50 you're lucky! you may have a problem getting these back as they are not extortionately high, but go for it anyway!! have a good look around the site before jumping in and come back with any questions ok? a lot of people are making silly mistakes cos they dont follow the correct tried and tested procedures and i wouldn't want you to be one of them! good luck:cry:

    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!


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  3. #3
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    Default Re: what constitutes a penalty charge

    Thank you very much cillitbanger, i have been looking around now for about 3 weeks and i feel confident that i know the procedure i just wanted to check whether the 7.50 for canceling a cheque was also to be added to my list or not. I will ask questions if there is anything im worried about, i dont want to mess up.
    Thank you
    Karen


  4. #4
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    Default Re: what constitutes a penalty charge

    You're welcome molly, once again good luck!

    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!


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  5. #5
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    Default Re: what constitutes a penalty charge

    Quote Originally Posted by cillitbanger
    hi, and welcome, it is a penalty charge....
    Sorry, but I'd take issue with that. It's not a penalty charge, as far as I can see. They are charging you in return for a legitimate service, not penalising you for something.

    P.

    Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
    MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
    Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
    Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
    Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

  6. #6
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    Default Re: what constitutes a penalty charge

    I have to say my thoughts are the same as PR,

    Cilitbanger, do you have a reason for considering them as penalties?

    My views is the consumer issues a cheque which to all intents and purposes is fine and would under normal circumstances be honoured by the bank.

    The consumer for whatever reason decides they dont want the recipient to have the moeny promised by virtue of the cheque.

    They therefore ask the bank to provide a service which is to stop the cheque.

    The penalites we are thinking of are imposed on the consumer by the bank because the consumer broke one of their T&Cs. It subsequently has turned out that the T&Cs in question are unfair and cannot be enforced, i dont see the cancellation of a cheque in the same light.

    JMHO

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  7. #7
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    Default Re: what constitutes a penalty charge

    Stopping a cheque by a consumer is not a penalty and I think cilitbanger may have misinterpreted the question. However, the bank returning a cheque because of insufficient funds is a penalty charge.


  8. #8
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    Default Re: what constitutes a penalty charge

    Stopping a cheque by a consumer is not a penalty and I think cilitbanger may have misinterpreted the question. However, the bank returning a cheque because of insufficient funds is a penalty charge.
    Agreed.

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  9. #9
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    Default Mortgage Arrears Charges.

    Hello all,

    I wonder if you could help me out on this.

    I was going through the six years of penalty charges the bank has issued me and using the forms in this forum have re-typed them and sent them to the bank detailing all the charges, dates and reasons for each charge. Some £493 pounds they owe me. I will keep you informed.

    During this process I was also looking through my mortgageicon statements and realised they had made a the same sort of charges for the same reason. Can I claim these charges back as well?

    I was originally with the Halifaxicon, but remortgaged to pay off debt's I had accumilated and am now with an extortionate 'back street' broker. The pair of them may owe me a fair bit of money, possably.

    I have no worries if they decide to forclose the mortgageicon and try to claim the full ammount back straight away as I have made a deal with my Father that he is purchasing the house and I am paying him rent on it as he has just retired and was a bit more succesfull at investment's as I am.

    He would just pay outright but Equitable Life screwed up didn't they. Gits.

    I hope to hear from you soon,

    Dominic Eastell.

    P.s. I am a member of a number of poker forums and will post a link in each of these sites for you.


  10. #10
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    Default Re: what constitutes a penalty charge

    Personally, if I were you I would be trying to go back more than 6 yearsicon. Debts more than 6 years old are statute barred but there are exemptions - see the thread about the Limitation Act.

    To be clear about your mortgageicon charges; these are charges for missed payments (where your bank hasn't authorised the payment) not redemption charges? If the former then yes, they have been unlawfully levied and you should get them back. Actually there is a thread somewhere about redemption charges, I think. Don't think anyone has come to a firm decision yet as to whether they are similarly unlawful.

    I would dobt that thery could simply foreclose on the mortgageicon like some banks have done on personal accounts. Besides, I can't see any Court entertaining possession procedings based on the fact that you p****d them off by claiming charges back.

    P.

    Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
    MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
    Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
    Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
    Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!


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