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)


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  1. #1
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    Default Returned Cheque Fees - Advice Needed

    I've been through all of my statements and I noticed that one month I was charged £20 for a bounced cheque.

    Is this claimable or should I just stick to claiming back the overlimit and late payment charges?

    Thanks in advance.

    KS

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  2. #2
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    Default Re: Returned Cheque Fees - Advice Needed

    To be fair a bounced cheque does cost more to process than a late payment charge.

    But as with all these charges, it's a charge for breaching your terms and condidtions, so the same rules apply.

    Did it cost the bank £20 to bounce your cheque? No of course it didn't, so it's a penalty charge, and you should include it in your claim.

    Good luck.


  3. #3
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    Default Re: Returned Cheque Fees - Advice Needed

    Thanks for the reply.

    I'll include it in my claim.

    Capital One - S.A.R (Subject Access Request) letter sent 09/08/06
    Statements Rec'd 21/09/06 - £974 in charges!
    Request For Refund of Charges sent 21/09/06
    Offer of £374 made by Cap One 29/09/06 - Rejected
    LBA sent 05/10/06 - Same offer made by Cap One
    Summons Issued 17/11/06

    Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!
    Statements Rec'd 09/11/06 - £2,647 in charges!
    Request For Refund of Charges sent 10/11/06
    Offer of £562 made by Halifax 20/11/06 - Rejected
    LBA sent 22/11/06
    Summons Issued 01/12/06

  4. #4
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    Default Re: Returned Cheque Fees - Advice Needed

    FWIW

    theres a banking protocol based on an act of parliament i believe and deals with the way cheques are cleared.

    Traditionally i believe all cheques went through this process which in part relies on the bank sending/taking cheques to a clearing centre and exchanging them with other banks.

    The cost would obviousley be signficnat if this was done with each cheque. when i say sisgnficnat i mean compared with an electronic transfer of funds which costs portions of a penny.

    Anyway I understand now that only cheques above a threshold value are treated in this way, i.e. those above £5K.

    So if you get challenged on the cheque clearance fees being proprtionate then you need to enquire whether the cheque in question was actually cleared manually or electronically. If manually what was the process involved, etc.

    JMHO

    Glenn

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    Where were you? Next time please


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  5. #5
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    Default Re: Returned Cheque Fees - Advice Needed

    Thanks Glenn, I'll make a note of it.

    Capital One - S.A.R (Subject Access Request) letter sent 09/08/06
    Statements Rec'd 21/09/06 - £974 in charges!
    Request For Refund of Charges sent 21/09/06
    Offer of £374 made by Cap One 29/09/06 - Rejected
    LBA sent 05/10/06 - Same offer made by Cap One
    Summons Issued 17/11/06

    Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!
    Statements Rec'd 09/11/06 - £2,647 in charges!
    Request For Refund of Charges sent 10/11/06
    Offer of £562 made by Halifax 20/11/06 - Rejected
    LBA sent 22/11/06
    Summons Issued 01/12/06

  6. #6
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    Default Re: Returned Cheque Fees - Advice Needed

    Quote Originally Posted by Glenn UK

    Anyway I understand now that only cheques above a threshold value are treated in this way, i.e. those above £5K.


    Glenn
    This is exactly what Northern Rockicon told me the other week when I was querying a cheque. If this is the case accross the board then I fail to see how they justify the charge as it's effectively no different to saying "no" to a DD. If any costs are incurred then they must fall to the bank who is presenting it to the account holding bank as they are the ones who have to physically deal with the piece of paper.

    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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    Default Re: Returned Cheque Fees - Advice Needed

    You are lucky that you were only charged £20.
    I have just come across an old booklet [1977] on bank charges from my bank and
    they were charging £25 then for returning cheques, direct debits and standing
    orders. A blanket price, regardless of the different costs involved- hardly fair or
    reasonable.
    And of course, whatever costs are involved in dealing with these returns are
    FULLY RECLAIMABLE against their taxable profits. Once again, their charges are neither fair nor reasonable.

    As an aside to Glenn, I was surprised to note your comment that only cheques above £5k are now centrally cleared.
    How do all the other cheques get back to their branches, and when? Who checks
    that the smaller cheques are valid-ie words and figures are correct; the cheque has been signed; no stop on the cheque etc?


  8. #8
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    Default Re: Returned Cheque Fees - Advice Needed

    Quote Originally Posted by lookinforinfo

    As an aside to Glenn, I was surprised to note your comment that only cheques above £5k are now centrally cleared.
    How do all the other cheques get back to their branches, and when? Who checks
    that the smaller cheques are valid-ie words and figures are correct; the cheque has been signed; no stop on the cheque etc?
    My understanding is they dont or not at least in the clearing sense, they may be sent back en masse im not sure. The above 5k things was something i read on here im sure. But it does make sense why would a bank actually go through the process if itsw got a car number on the back, its been checked by the counter staff, etc all for a relativley small sum?

    JMHO

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

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    Default Re: Returned Cheque Fees - Advice Needed

    As the man in the tv ad says "it doesn't work like that".
    What used to happen was that each branch sent up all the cheques [apart from the ones drawn on their own branch] to central clearing. There the cheques were sorted into their respective banks and then exchanged.

    So Barclaysicon would sort all its cheques from Lloydsicon bank and swap them with all the Barclays cheques that Lloyds had taken.

    Then Barclays would sort the cheques out into branch order and send the cheques
    to their individual branches. At the branch, each cheque should be scrutinised to
    see that it is in order before it is paid.

    I understand that only cheques of £5000 and over are now properly scrutinised.
    A dangerous practice. But does explain why many banks do not accept they have
    made a mistake when paying post dated cheques. I suppose that they feel fairly
    safe in carrying out this practice [of not checking all cheques] because they no
    longer return the paid cheques to their customers along with the statement each month.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE