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Claim amount over small claims limit...what do i do?


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I have two accounts with a bank named Ulster Bank, owned by the RBS. I used one of the accounts for DD's, standing orders, etc. and the other account was pretty much redundant. I stopped having my wages paid into my account and got myself into quite alot of debt. I have a debt management plan with the CCCS and this is running smoothly. On the first account i am around 900 pounds overdrawn, and just yesterday i received a letter from the bank in relation to my other account claiming the account is 180 pounds overdrawn. I called them today and found that they've been charging my 30 pounds per month because of one fee.

 

What should i do now, i believe that most of this debt, due to admin charges, can be wiped out...am i correct?

 

Thanks in advance

Aaron

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You need to tell the bank that you dispute the amount owed - this should hopefully be enough to stop them taking any further immediate action.

 

The follow the proceedures shown in the FAQ section for obtaining the relevant info and reclaiming. You can 'reclaim' even if you have not actually paid it yet, don't be confused by that one.

 

At some point further down the line, you will probably have to disclose the fact you are reclaiming to the CCCS, but they will of course give much clearler advice at that point - I'm not a trained counsellor!

 

So, write to the bank now, disputing the amount you owe, then get your DPA request under way.

 

You are not alone in the situation you have described, and I can tell you from personal experience that when you come out the other side, it's a very nice feeling indeed!

 

Good luck

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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You will do well to thoroughly read through the FAQ section and then follow the step by step thread in FAQ.

 

Everything you need to know is there and if you get stuck ask in the forum.

 

:)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Sorry didnt see the replies. Thanks for the replies, much appreciated...ive read through the faq's now and will get started...thanks again.

 

One more thing, do you guys think i can write most of this debt off, in your opinion???

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From what you have written about the second account, I would say so.

 

The specific details of the first (£900 o/d) is not shown in too much details. All the same, if it is made up largely of charges, then yes again...

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Any part of the debt that is down to penalty type charges eg unpaid direct debits, returned DDs, bounced cheques, unauthorised O/D fees etc, plus interest charged on unauthorised overdraft caused by these charges forcing you into O/D, then yes, these are the unlawful charges and you can get them all back...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 2 weeks later...
  • 2 weeks later...

I received my statements today for both my accounts.

There are an awful lot of irregular account charges around the £10 mark, should i claim these back also, or would these charges be classed as lawful?

Also when adding my charges up, should i combine the charges for both accounts into one claim?

 

Thanks in advance

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Did they prove that it cost them £10 because you had an irregular account. I think not. So unless they explained their manual intervention, it is unlawful so I would claim it if I were you. Keep us posted and good luck:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The only charges you shouldn't reclaim are the type that you pay for special accounts, i.e. £10 per month that gets you special offers / insurance etc etc. Everything else is fair game.

 

What, precisely, are the "2 accounts" you are referring to?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have twol current accounts with Ulster Bank, owned now by RBOS.

The have also attached screenshots for any manual intervention that was required, what do i do with them?

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If the two accounts were with the same bank, then one claim should be fine.

 

What do the screenshots show - i.e. what wording describes their manual intervention?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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The screenshots only appear to show any times they accessed my account when i called and just recently because i havent used the account because of the amount i owe.

Im guessing i should just ignore these, yeah?

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Yeah !

 

Good luck

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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When i get my charges refunded, i understand that i can request payment by cheque. But what way do i stand on paying back the money i owe the bank, i have a debt management plan set up at the minute to pay back the charges.

Would you think that i continue to pay back through the dmp or to pay in full once my my cheque has cleared?

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If you are still under any kind of debt plan, even one you administor yourself, then any 'spare' monies should be divided pro-rata amongst your creditors.

 

If you are not, you can choose to pay off what you now (truly) owe, but it is my understanding that only income is to be shared amongst them, not one off payments etc, and as such you would not be obliged to share this out.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I will let you know the outcome when I get my refund, hopefully in the next couple of weeks.

 

My account, handled by a DCA, is approx £650 overdrawn. I fully expect the Halifax to pay this part off first before sending the remainder by cheque, but I'm prepared to fight that all the way - back to court if necessary.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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