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After being turned down for a loan because of the way my account was being handled by me over the past few months, and hearing about all the instances of refunds in the media etc etc. and more importantly hating all banks, I decided to take action to reclaim charges.
We have 3 accounts my wife and I, a current account in our each of our own names and a joint account, each accruing charges by the month.
because of online banking I printed off all the charge letters since last August (all that is available online) this totalled approximately 2470 pounds. (and was about an inch thick)
I copied and amended a downloaded letter and claimed individually on each account (on the same letter) a week past Friday (5th May) it was sent by registered post.
Over the last two weeks I have received 3 seperate letters saying that they were looking into each account.
today I received a letter from one account - offering 276 and another offering 274 both accompanied by letters requesting I sign to accept and advising this was goodwill, etc but with a cunningly veiled threat that "we reserve the right to close your account if you do not manage it properly".
my wife was keen to sign and return, but this still only accounts for a 6th of the money being claimed (I'm hoping that maybe tomorrow another letter might appear for the third account). I am not so sure about signing.
after a little searching I found this website (pity i hadn;t found it first - am particularly disappointed I could be claming up to 6 years)and after reading the plight of so many others, I thought I'd post and ask all your advice.
1
should we sign? and forget the rest of the money or do we sign and ask for the rest.
2
the letter for signing says this is in Full and final settlement. but after reading this website it appears I can claim back up to 6 years - is it worth doing this? and can I even though I have only claimed since last August.
your advice would be very much appreciated,
for those worried about doing so - I within a week have been offered 550 pounds by writing one letter - I intend to advise everyone I know to claim - go for it.
Hi scotscherub, I'm no lawyer and you'll certainly get a more complete response in the morning, but basically you can make a claim through the courts for 5 years (6 in england). earlier than that it gets tricky. just because you've limited your request to one year just now does not mean that you cannot go back 5 or 6 years and ask for all the penalty charges to be repayed. I'm not sure how you would stand, though, if you signed the document accepting a partial refund in 'Full and final settlement'. The bank will certainly try to intimidate you into settling for less than the full amount, either with as you say veiled threats to close your accounts, or perhaps by bluffing with contract terms and conditions or legalese. The bank is probably entitled to close your accounts if it chooses and you have to decide what affect that eventuality would have on you. good luck with your claim!
You really need to have a good read around the site, especially the FAQ section. Write a letter stating you will accept the offers but NOT as a Full and final settlement and that you will continue action to recover the rest.
You could carry on with your current claims, and send a DPA request for whole 5 years worth of statements and get that underway. Then when you get the statements you can claim for the from 5 years ago until the time your current claim dates from.
You also need to open another account somewhere just in case they do close your current one. You can still claim though even if they close the account.
Edited******************* **
If you are in Scotland then as said above the limit is 5 years, also I believe the limit for claims is £750, so you would have to split it. There is a Scotland section to the forum, you need to read up in there.
Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
HSBC: £1014 - SETTLED at LBA stage + pending charges removed
Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
Capital One - claiming £605.54 -SETTLED IN FULL
well a third letter arrived saturday morning offering 402 pounds for my wife account so with the one letter have been offered, 942 pounds. going to phone tomorrow and say no in the hope they then up the amount.
we are pretty desperate for cash and if the offer is improved may go for it. I know it sounds like chickening out - I envy and respect you guys going to courts and taking them by the short and curlies - just don;t know if we can.
Let us know what you decide and how you get on before you do anything though!
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
scared v's HBOS
)and after reading the plight of so many others, I thought I'd post and ask all your advice.
settlement. but after reading this website it appears I can claim back up to 6 years - is it worth doing this? and can I even though I have only claimed since last August.
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Re: scared v's HBOS
