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.
RECLAIM YOUR BANK CHARGES thats the name of this campaign. On this site and others, many many people have sucessfully recovered their charges by following the excellent guides and template letters. Now it seems greed has overtaken reality, sayings like (going for every penny I can get)and (banks have screwed us for years now its our turn) lose track of the basic aim to RECLAIM YOUR BANK CHARGES.
Yes reclaim all your charges, allow the bank the statutory time scale to repay, and then if they still delay go down the appropriate route of fos or SCC depending on the size of the claim in relation to Scottish or English law. If your going for SCC then and only then add 8% interest.
This situation where people are claiming ci which grossly inflates their claims and will only result in the banks refusal to pay, often delaying things. It also adds to the backlog for every other person claiming.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
There is definitely an argument for why CI should be claimed for.....but I certainly agree with your post to a degree.
It does often seem that people can't see past the pound signs and there are a number of people who won't listen to reason and must claim for CI at all costs - even jeapordising their claim because they want CI.
If my post has been useful, tip my scales and let me know
Ok - you have a right to express your opinion, but I must say I have to disagree.
Claiming back your contractual interest is a perfectly valid route. And one with which I have been recently successful. Why not? The banks would certainly charge the same for borrowing off them.
It's not greed at all. Some people on here are in a huge amount of debt because of the charges and interest on those charges. The banks have had this money for x amount of years and have made money on it.
Also looking at it another way, we have lost money on those charges. This is money we would have had in our bank accounts, incurring interest.
Lastly, banks will use their delaying tactics regardless of the inclusion of contractual interest, proof of which you will find all over these (and other) forums. They, and they alone, are causing the back log in the system, by waiting until the last possible minute to settle the claims.
Again, you have a right to your opinion, but I felt I had to say something before others were scared off going down the ci route.
Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline) Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline) MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline) HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)
Hi Nikki, your comments are appreciated, but as for people to be in huge amounts of debt because of charges and interest I disagree. Everyone has the option to cancel a D/D or S/O if there is insufficient funds in their account. The same applies to writing cheques without funds as available as well. Whether the monies we have been charged would still be in our accounts gaining interest is a matter for debate.
As for the time scale taken to resolve claims I think the fos advises 8 weeks before the will accept a complaint against the bank.
Reading some of the threads on here banks seem to get the blame for everthing from financial ruin to global warming. We all need the services if banks throughout our lives and more often than not we get good service. Our argument is the amount the banks charge for the above indescretions (of which Ive had a few, £3k worth) whether I would still have had this amount in my account gaining interest is a matter for conjecture.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
Well, it is your thread dangler but I'm with Nikki. The banks ARE big and ugly enough to look after themselves and however you express it, they've been using OUR money to help them.
"banks seem to get the blame for everthing from financial ruin to global warming. " with some justification I would say.
"Everyone has the option to cancel a D/D or S/O if there is insufficient funds in their account" we could also stuff our money in our mattress but we chose not to. If I was running my finances out of a purse on a cash basis then the degree of 'black and white' through which you appear to view things might well be a valid view point, BUT life really is a little short for keeping track on all the daily machinations of the bank. They know this, and even if they refund all that is requested, they will STILL be in front. Sorry to delay any claims of yours but I shall still go after the ci that they have had from me. They must have known they were vulnerable - if not then heads need to roll.
HI Kennyh, Its each to their own views as you rightly said. As for the daily machinations of the bank, they are not carried out randomly we know in advance when deductions will occur. In Scotland the thresholds for small claims courts are very different to English law, by adding CI many claims will go over the limit leaving the fos as the only viable final course of action if the bank delays repayment. The FOS will only pursue claims without interest (basic charges), for this reason I say avoid CI until it has atleast been tried and tested in a court of law, as it only confuses newbies starting out.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
The banks have had the upper hand for years and we are all starting to learn they have been abusing this position for years. If they thought for one moment they could win one of us would have been in court by now.
All any of us are doing is challenging them to a day in court over these issues and they are running scared and interested only in delaying tactics and obstacles.
Keep pushing the envelope people - we haven't found their limit yet.
As for the charges kennyh, yes I could have cancelled my DD or SO. But then the banks could have charged me £2 instead of £25! And personally have always consider this the Consumer Action Group that happens to be ace for helping with Bank Charges, amongst other issues.
Wow.... Dangler8 - you work for a bank? - If so then you pose some interesting arguments for them.... unfortunately the rest of us have woken up to the [problem]s lies and threats that have eminated from the financial groups - all we are simply saying is enough is enough !!! - The practices of "rip-off" Britain must stop. The BBC Whistle-Blower program indicated to what extend that bank's took the pee.... and to what lengths they were prepared to go to to part us from our hard earned cash.
We are simply using their own facts and figures and apply the treatment to them.
And long may it continue... my claim is with CI - apologies if it holds your up, but I am gonna claim what I believe is correct, after all if the boot was on the other foot ..........
01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent
03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment
03.09.06 Alliance & Leicester - LBA letter sent to recover remainder
To all who respond to my thread, I take on board your comments and welcome your opinions.
I am sure that all the pro CI enthusiasts are in England and claiming under English law where the court thresholds are higher. Please spare a thought for us in Scotland where we are limited to 750 and 1500 limits. Many of our average claims would be pushed well over the 1500 limit if we added CI, the banks are well aware of that and offer refunds of basic charges only. I wish I could take the bank to open court as my basic claim is £3k+ (so youcan guess I dont work in a bank) but this would be very risky, untried and a virtual minefield. Read flyboy80 thread today This leaves the fos as my only option and the FOS wont entertain claims with interest added, only the basic charges.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
dangler,
is your case actually in court or would it be possible to 'stage' it in lumps under £1500?
Yeh I'm a sassenach and will be hitting them just as hard as I can.
Hi kennyh, court is not an option Im afraid, so Im sitting in limbo until the bank offers a refund or stautory 56 days are up and I can go to fos.
AS for splitting claims, courts have already disallowed this as an abuse of court time.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account