This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi All Made a complaint about T & C's, however, as another poster stated there reply was literally 'What you going to do about it? You can bank elsewhere'. The Ombudsman supported them. Regards Saru

Hi All I took out a Halifax Clarity Card as it often appears in moneysaving expert top picks for using abroad. Every holiday, I took my card and withdrew cash, repaying on return. I must say that the product is excellent and the rates and exchange rate are great. In January, I did a big trip and took over £1000 over ten days. Halifax dropped my credit limit to just above my balance. They wouldn't tell me why and eventually my credit limit was restored to a third of what it was. They did this on the last day of my trip and I was just lucky I didn't need any more cash. In April, I was again on holiday in the UK and withdrew cash. They dropped my limit. They were quicker at restoring it this time but again it was to the lower level. I spoke to a friend who works in the industry and they immediately stated 'That will be your Delphi score'. Apparently, there is a computer algorithm built into credit scoring that works out your likelyhood to default and one of the risk indicators is choosing to withdraw cash from a credit card. I contacted the Ombudsman and OFT. I highlighted that removing cash - fee free and at their best exchange rate was surely a benefit of the card and I did not see why I should be penalised fo this. The Ombudsman was useless, stating that it was part of credit scoring so they could not comment. The OFT stated that they did not deal with individual cases. My friend also told me that it would affect not just my profile with Halifax, but with everyone. I then applied for a number of financial products to compare the rates I got compared to last year. I would add that my financial peosition is stronger this year, with no other adverse information and reducing loan balance paid on time. Last year I was offered 0.3% BELOW Tesco's headline rate, this year I got offered 9.9% when the rates were 6.1%. Sainsbury's 9.9% compared to 6.4%. Zopa accepted for a loan, this year declined. I have noddle for accessing my credit report and I noted that theit guidemark score of me went from 5/5 to 3/5. I suggested to Halifax that they might want to consider reporting the product on credit files as a revolving loan to avoid this problem. They weren't interested, although they did acknowledge that it was likely that their computer kept lowering my limit because I was removing cash from the card, calling this an unexpected side effect. They also suggested that I don't remove cash, but were unable to say why they made it a benefit of the card but did not tell customers that it would ruin their credit score. As there is no charge for cash withdrawals and it is at the same interest rate, the card is clearly making withdrawals on a close par to transactions (minus the interest free period). I write all this as the OFT will look into it if it has affected more than just me. Maybe you have had a similar experience? If so please contact the OFT and Ombudsman to try and get this unfair practice changed. Thanks Saru

Hi All I emailed them through: http://www.apple.com/uk/support/itunes/contact.html they responded and said no. I asked if they wanted a test case in court about whether the term was unfair. They said they would refund me as a goodwill gesture. Regards saru

Hi All I purchased an application (app) from the apple store (downloaded through my iPhone)and it doesn't work. I also have a charge for an in-game purchase from a different app I know I didn't make and no-one else has access to my phone. My phone is password protected. I emailed them and they said all purchases are final. I know there are different consumer rules about software but surely this is different. Ok, I buy a game for my PC and it's too old to run it - my fault. But buying from a closed store, software products designed specifically for my hardware - c'mon consumer law. Can I argue that 'all purchases are final' is an unfair term and condition in the sale of the item. I really think these guys need challenged. Can anyone help? Thanks saru

Hi Barclaycard tried this stunt previously stating that they held copies of statements on microfiche, which they did not deem a 'relevant filing system'. HSBC will argue that manual or other systems aren't covered by the Act. Check out on the forum for rulings and ask what system they are using and why it is not 'relevant'. After many complaints, the Information Commissioner deemed that microfiche was a relevant system and Barclaycard had to supply all the info. In addition, when they finally gave me my details I got £160 compensation for my trouble! What do you want the details for? If it is a defaulted loan account surely you want a signed, verified copy of the original agreement, deed of assignment and a statement of account. If they can't supply those, the can't default (unless it's a current account) or at least that's how I understand it. Check out other postings. Hope some of this helps Saru

Don't know if this helps... sarumane Remove Default Notices on a Credit File - We show you how

Nothing's happening yet but Halifax bank of Scotland have just settled for just around £550!

They have offered £350.00. But I am going for the interest as well. we will see what happens...

The **** ******* ****** ********* faces have hit me with the micro-pish! Have been reading the forums for an approach but no-one has a coherent workable strategy. What are my best options? S7 of the DPA letter or estimated charges? Please assist me! saru

I would like to join, however, at present still in 40 days. Posted original request on May 29th. Is there anyone who got statements for pre 2004 before they started all this micro-pish we could use as precedent? Is there anything I can do whist I am still in the 40 days to try and get my statements? sarumane

Hi All These guys took a fortune (for me anyway as I am a student) in charges when I had to move and had no job between courses. Is it sick to say I am looking forward to this. The threatening letters from LTSB have galvanised me into taking on all my previous financial benefactors! Will keep you updated! Regards T

Hi Thanks. Will do a cheque! Will keep you updated and will send by RD tomorrow. Regards T

Hi All This lovely institution screwed me for charges when I lost my job despite me informing them of my circumstances. I am looking forward to this! My account is now back to normal and has been for a few years. Can I ask them to charge the £10 DPA to my account? Regards T

Hi Thanks for double checking! DPA Sent - 11th April 2006 Request Sent - 16th May 2006 LBA Sent -23rd May 2006 LBA Reply 25th May stating they had no more to add from letter sent in response to request for refund. Told me to beat it! No point in waiting 14 days as they have stated a flat NO! Submitting court forms tomorrow or Wed depending on time away from work (can't do online - in Scotland ). Regards T

HI I am a newbie too. Isn't small claims limit in Scotland higher than that? Thought it was about £750.00? Regards T

Hi My main thread is in LTSB: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4093 but will happily keep you up to date here as well if you like as I am in Scotland. Only found this part of the forum today and it's been invaluable as I am at going to court stage and intend to submit my 1 & 1B tomorrow and pay my cash! Regards T

Hi All Lloyds still refuse to give me my charges stating they have nothing more to say than the last letter. Time for court! Claim for £272 + £6.91 interest Claim for £95 + £9.79 interest Total £383.97 Wish me luck! T

I have had the same crap as everyone else. Not even a hint of giving me my cash back. I'm going to court - just hope the forum can help me with it! T

Sorry couldn't refind the step-by-step instructions posting! Was unsure whether to repost same letter. Found posting, back on track now with court action letter! T

Hi all Still looking for guidance on the above Thanks T

Got This reply today 19th May: Re: Account Charges for Overdraft Excesses and Returned Items Thank you for taking the time to contact us about your account. I understand that • You feel that the charges you have incurred are unfair. • You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items. • You have requested that all charges incurred should be refunded for the past 3 years. When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. For the vast majority of our customers banking with us can be completely free as charges are not made for services such as debit cards. cash machine withdrawals, balance requests, statements. cheque books and Internet banking. We also do not charge foi processing Direct Debits and Standing Orders when they are paid through our customers’ accounts. One of the few services we apply charges for are when a customer does not have enough money in the’ account to meet payments they have requested us to make. If customers think they may exceed any nit they have, we urge them to contact us to discuss tneir requirements. Any requests for further lending are then assessed in line witn our usual credit policy. Similarly, when we return an item, we are preventing a customer from exceeding their limit, and again as we explain clearly to our customers, this process incurs a charge Typically, we do not levy customers an excess overdraft fee the first time they go overdrawn without agreement, as long as t hasn’t happened in the past twelve months and we limit excess fees to a maximum of three occurrences in any one month. As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the gude to banking charges leaflet we produce. We advise our customers ro ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are availdble before cheques are issued. You incurred charges because you did not ensure funds were available in your account to cover tne payments set up by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions. You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made. Accordingly, am unable to agree with your request to refund the charges. We do expect your account o be run in line with tne terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. if you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements. In case you haven’t received a copy of our leaflet called How to voice your concerns’ I’ve enclosed one with my letter. This tells you all you need to know about resolving your complaint with us. If you are unhappy with my decision and feel that you have something to add which might change the outcome. please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration. Yours sincerely ......... Any typo's are from the scanning software, not by them. So what's my next letter? Do I just resend the previous one? Does anyone else think the withdrawal of facilities if I can't run my account sounds like a threat? Is this their bog standard reply? Help woul be appreciated! Cheers T

Thanks again Lou. Will do! Tx

Thanks Lou, I won't bother as both accounts are running ok and I don't want to rock the boat. Do I have to claim the interest as both my accounts have overdrafts and as the spreadsheet didn't ask me my limit etc the interest charges don't make sense as they vary little from an ordinary month - I normally deposited the money for charges on the same or next day. Finally is it ok to ask for both accounts in the one letter, and should I detail the charges for each account sperately if doing just the one letter? Hoping to post tomorrow so advice would be great. Letter (minus identifying details) is as follows with the key changes highlighted: 15th May 2006 Request for repayment of charges Dear Sir/Madam, ACCOUNT NUMBERS: My request I am writing to ask you to refund to me the charges which you have levied from my account over the last 3 years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. You concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £397.00 from both my accounts, excluding any amounts which you have charged me in overdraft interest for the sum which you have taken. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Thanks T

Got my charges in today. Going to run them through the spreadsheet. When charges have put me over my limit does that default me and ruin my credit score? If so can I ask them to fix it? Please advise TF