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.

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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.

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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.

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Thread: steviec07 + A+L

  1. #1
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    Default steviec07 + A+L

    Hello All

    I've recently started the process off for reclaiming my bank charges. I've got a few questions which I would be grateful if anyone could answer, also correct me if I've done anything wrong.

    I sent my SARicon by 'signed for' delivery on the 21/02/07 and it was delivered on the 23/02/07 to the Carlton Park, Narborough, Leicester,LE19 0AL address.

    So far, my A+L cheque for £10 has not been cashed and no communications received. Do they usually leave it as long as possible to reply. Is the time limit up, 40 days from when they receive the letter, 02/04/07.

    As for types of charges to claim back, can you claim back paid item charges? I wasn't intending too as these were incurred when they processed a cheque even though the funds were not available. Also, can any of the charges below be reclaimed. These details are shown as charges to be applied when I log in to Internet banking

    15 Mar UNAUTHORISED overdrafticon CHARGE 27JAN-26FEB DAY 5 £25.00
    15 Mar UNAUTHORISED OVERDRAFT CHARGE 27JAN-26FEB DAY 1 £25.00
    15 Mar MONTHLY OD CHARGE 27JAN-26FEB £5.00
    15 Mar INTEREST 27JAN-26FEB £5.85


    Thanks in advance


    Steven


  2. #2
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    Default Re: steviec07 + A+L

    Unauthorised overdrafticon charges can be reclaimed. The monthly one probably can't if it's a regular charge for providing you with an overdraft facility. Interest - well, it's complicated and depends if you can work out how much is down to charges and at what rate it was charged. Have a look for threads in the General forum on contractual interest.

    If in doubt read the FAQs

    If still in doubt - ask!

  3. #3
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    Default Re: steviec07 + A+L

    Cheers for that Advoc8.
    I don't think i'll bother with these 2 types of charges, MONTHLY OD CHARGE + INTEREST as one is a fee for having an overdrafticon facility and the other seems a little to complicated to work out.

    ta


    Steven


  4. #4
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    Default Re: steviec07 + A+L

    Hi steviec07, welcome to the forum.

    It's quicker to use the Bootle address for all correspondence in the early part of your claim as Narborough is the head office & they only forward this sort of stuff back to Bootle anyway.

    However, do use the Narborough address in the application to the court.

    Keep us informed of your progress.


  5. #5
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    Default Re: steviec07 + A+L

    Cheers for that younganfree

    I'll keep you posted.


    Steve


  6. #6
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    Default Re: steviec07 + A+L

    Hi

    I found the monthly OD confusing too. I was confused as to why it varied from £5 to £25. However if you read the back of the statement it says that £5 is for authorised and £25 is for unauthorised charges. So I reckon yeah, you can claim them back.


  7. #7
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    Default Re: steviec07 + A+L

    You should not claim the Auth OD fee £5.00, but you can charge for the paid fee and the unauth OD fee. I claimed all of those !! over £3K mine have come to


  8. #8
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    Default Re: steviec07 + A+L

    Hi

    I received copies of my statements at the end of last week and am just about to send my claim in. Just a few questions if anyone could be so kind to answer.

    Firstly, I am to be charged £50 on 12th April for unauthorised overdrafticon charges. As I intend to send my letter in tomorrow, 3rd April, can I include these charges as well?

    Secondly, I wasn't going to claim back paid item charges, but chain chick's reply above seems to suggest that these can be reclaimed. Is that so? Can these also be reclaimed?

    Thirdly, after getting reimbursed for charges and providing the bank don't close the persons account, what happens if that person incurs more bank charges in the future. Do the banks still apply these illegal charges or do they charge a lesser amount or none at all? Are you allowed to reclaim more than once? Just wondering.

    Thanx in advance

    steviec


  9. #9
    ian cognito
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    Default Re: steviec07 + A+L

    You cannot claim charges until you have paid them so you can't claim these future charges on your prelim but you will be able to with your lbaicon.

    Paid item charges are penalty fees for when they have paid out a cheque or DD when you didn't have sufficient funds so yes, you can claim them.

    They will close your account so make sure you have a pparachute account set up. I wrote and told them I was withdrawing my permission for them to take any more penalty charges from my account, they did pay them back but then closed the account anyway.

    Good luck


  10. #10
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    Default Re: steviec07 + A+L

    Cheers Ian, for the reply.
    Much appreciated.


    steviec


  11. #11
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    Default Re: steviec07 + A+L

    Just an update.

    Sent my claim in on Monday 16th and they signed for it on Tuesday.
    Asking back £2218. Think I'll be in for a bit of a wait til it's settled
    Got new account opened so it's just a matter of following the great advice found here.


  12. #12
    ian cognito
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    Default Re: steviec07 + A+L

    Think I'll be in for a bit of a wait til it's settled
    Probably about a fortnight


  13. #13
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    Default Re: steviec07 + A+L

    Hi Ian

    I hope it's only a fortnight, thought they would drag it out as long as they could. Why do you think only 2 weeks?


    Steve


  14. #14
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    Default Re: steviec07 + A+L

    Steve,
    After 14 days send the next letter (LBA - letter before actionicon)
    Then 14 days after that you will have to start court proceedings (filing with MCOL - moneyclaim online)


  15. #15
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    Default Re: steviec07 + A+L

    Cheers for that blimeyboy, that is what i was expecting to do.


  16. #16
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    Default Re: steviec07 + A+L

    Hello, another update.

    Received a letter Friday 20th from A+L stating briefly:-

    Our fees are reasonable ... OFT have commented on charges being unfair but applies to late payment fees for credit card payments ... discussions are ongoing between banks and OFT and A+L will review it's position ... have made customers aware of fees when opening accounts and through website etc so can't refund your fees ... will keep file open for 8 weeks blah blah blah ...


    I presume this is just the standard reply to the request for a refund and it's just a matter of waiting until the 14 days is up then send them the lbaicon?

    cheers


    stevie


  17. #17
    ian cognito
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    Default Re: steviec07 + A+L

    Apologies stevie, when I read
    Sent my claim in on Monday 16th
    I assumed it was to court, that'll teach me to read thoroughly!

    Yes, standard reply, yes, lbaicon after 14 days.


  18. #18
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    Default Re: steviec07 + A+L

    Hi Ian, no problem

    Thanks

    stevie


  19. #19
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    Default Re: steviec07 + A+L

    Another update.

    Sending in my lbaicon today, 30/04/07.
    Not much longer to wait now.

    One question. I haven't mentioned about claiming interesticon back in my LBA, only my costs. Will this matter if I decide to claim it back if it goes all the way to court?

    ta

    stevie


  20. #20
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    Default Re: steviec07 + A+L

    I don't think that should matter at all, it's up to you how much of what you are owed you claim and when. It's not as though the bank could dispute the amount on the basis that it's more than what you aksed for in your lbaicon.



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