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garygumps

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  1. Just checked online small claim status. Bank has lodged a "NOTICE OF DISPUTE" as of today. Ooooooooooohhhh!!!! Still waiting for reply to my last letter for clarification on a few points (see post on 5 July above) and as the banks will be on holiday for the next few days over here, I dont expect to hear anything until well into next week. Gary
  2. The thing is they only supplied me with a basic list (not actual copy statements) from 2001 to April 2006 (when Danske bank took over and brought in their own computer systems). Im assuming the refunded charges were from way back, so thats why I'm asking for the proof. If they were refunded, and I've no reason to believe that the bank would lie about this, then fair dues I'll not include them.
  3. Bally35. Thanks. So am I right in thinking that for any month that I was overdrawn (even within my limit) then I would also be charged a £9.50 fee? Could this not also be construed as a penalty? Does it reflect the banks costs? Every time I think about this, I keep changing my mind about it. One minute I'm sure its OK to include them, the next I'm not so sure:confused:
  4. To hell with it, i've drafted up a letter asking for more information. I asked for.... 1-- Evidence of which charges they have already refunded. If some have been refunded then I cant reasonably be expected to include them in any claim. Regarding this I also asked why they were refunded;) Surely the bank weren't being reasonable and felt sorry for me at the time (whenever that was, as I cant remember!!!) 2--An explanation of the monthly fee system (you know, the one were the bank charge a monthly fee, except for some months when they dont!!!!!:o Should be a good one LOL 3--An explanation for the "renewal fees" I also reminded them that legal action had already started and so my claim now included interest @ 8% + court fee which would have to be included in any further offers. I also made it clear that the claim was still ongoing even though i was writing to them and I would take it all the way. I was going to include a wee line about how I knew that they had settled numerous other cases which I think included the disputed fees but after further though took it out as I didn't want to look too cocky!!! Anyway, that should keep us occupied while the clock ticks on my court claim (Response date 31 July) Gary
  5. Thanks for your input Caro, respected as always:) What I am finding difficult to understand, is that I cant work out a pattern for these "maintenance fees" . The bank claim these are monthly or quarterly, but there has obviously been months where no fee was charged:confused: The more I think about it the more inclined I feel to challenge them for an explanation, but then again why should I? But I dont want to seem unreasonable.
  6. OK, need a bit of advice. Got another letter today upping the offer to £1262. Basically, they are willing to refund the charges for unauthorised borrowing, namely, referral fees, warning letters and unpaid items fees. They are not willing to refund the monthly maintenance fees and a couple of renewal fees (whatever they were for)?? Now , the claim has already been processed by the courts so do I..... 1- Play hardball and sit tight and let the threat of a judge to decide what constitutes a valid charge to claim back. 2- Accept their argument, but calculate a revised schedule of charges with 8% interest on top plus of course my court costs Gary
  7. My "complaint" seems to have been passed up the line following receipt of rejection letter. Received letter from Service Recovery, Donegall Square, Belfast. They should also or have already got court papers.
  8. They refunded 2 fees on your latest statement???? Thats good. How can they now refuse to refund all the rest of your charges:D
  9. Just checked online claim status. Small claim packs issued 29 June with a return date of 31 July:) Gary
  10. Well, I'm sending Rejection/LBA tomorrow with a revised schedule (with another charge added). By all accounts on other threads, I'm going to have to wait another few weeks and then issue an online claim before I get any further action. Ah well. At least I've got my other current account claim going to play with in the meantime. Regards Gary
  11. Ok, ready to send off rejection letter today. I basically amalgamated a rejection letter with an LBA. Is this OK? I wrote I would accept the £56 as part settlement only and reserved the right to pursue for the remainder all the way to the County Court if needed. I also then gave them another 14 days to cough up the rest. I have noticed that another overlimit fee was debited on my account after I had initially sent the Prelim & schedule of charges, so I added this on to my schedule and will enclose a revised copy. I also used the new figures in the letter (less the £56 of course). Anyway, this leads me to a question about the spreadsheet (Vamps # 13). For my bank claim, I used the simple Works sheet which updates itself each time you access it because the formula uses that days date (NOW) to calculate the interest. When I added in a new line in the Google sheet, it just seemed to add on £12 for the charge and an interest amount for that charge from my original date of claim (which was 18 June). Before I send all this off, is it the right way that I update the spreadsheet figures by changing the date of claim to now? Many thanks Gary
  12. Received SCOFO1 (Standard Capital One Fob Off Letter #1 ) yesterday 27th June. Ellie Renshaw seems to be the Grande Fromage in the office these days!! You know, the usual one about "our charges are fair and just but as a gesture of goodwill:rolleyes: , we'll credit your account with the difference between £20 & £12..........". On my total claim for £390, their gesture of goodwill comes to a MIGHTY £56:lol: So, its off to the rejections templates then. Is the general agreement amongst us Capital Oners that I accept the £56 only as partial settlement and continue for the whole amount? Gary
  13. Bloody well done Northernwarrior!!!!! This is great news, and i cant wait to hear from the bank again in my case:) Gary
  14. I think the "maintenance fees" are fair game as they were only debited in the same months as other unfair charges, so are obviously linked to those charges. They were only £9.50 each, but all add up. Hmffff £9.50 for the "privilege" of going overdrawn. Bloody cheek:mad:
  15. Thanks guys for the encouragement, especially you Caro with I'm sure more important things on your mind at the momemt:) Well, the Head Office should be getting served with the papers next week hopefully, so maybe that will clear their heads a bit and stop playing silly buggers:rolleyes: Gary
  16. OK, I've drafted up a rejection letter which basically goes like this....... "Thank you for your letter dated 19 June. I respectfully decline your offer of Full and Final settlement of £1050.00. I do not agree with your argument that the monthly maintenance fees/ quarterly activity fees do not relate to charges for unauthorised borrowing and so should not be included in my schedule of charges. In my opinion these charges are directly linked to the other charges for exceeding overdraft and related fees, as they were levied on each occasion that the other charges were levied. As such, I feel that they are inextricably linked to your regime of unfair and over-proportionate charges. I am confident a judge will agree with me. As you are aware, I have already commenced legal action against you for the full amount plus interest and costs on 19 June and I would ask that you now refer this matter to your legal department for further instruction. I trust this clarifies my position." I'm going to post it off on Monday, any comments on the wording and such would be appreciated. The claim papers have not been served yet because of a technicality about which I am corresponding with the Civil Processing Centre at Laganside Courts. Basically, they will not accept an individual branch address but need the registered office address of Northern Bank which is Donegall Square West Belfast (its at the bottom of any letter you get from the Northern). Gary
  17. OK, got official letter today. Basically it is a standard fob off letter saying that their charges were fair blah blah and I should have been more careful running my account. They are further claiming that quarterly activity fees, monthly maintenance fees or overdraft renewal fees should not be included in my schedule because " those fees do not relate to charges for unauthorised borrowing". Well the figures just don't add up!!! If I did take out those fees they would only come to £131. Oh and get this, they are offering "in an effort to resolve the matter " only offering me £1050!:o Im positive we had verbally agreed £1200 odd. So sod em. The claim is in motion. I had actually given them more time than declared in my LBA so they have had enough time to come up with this reply. It was only the fact that their offer came literally an hour after I entered the claim online that I got a bit confused, but I'm clear on things now. Off to the rejection letters templates now
  18. Thanks NISHIELDS. Hmmmmmm, I'm going to wait and see what arrives by way of documentation. I phoned them back and they are agreeing to refund the £62 as well:) . So it will be interesting to see exactly which charges had been refunded from what dates and what "evidence" thay have to support this. The more i think about it the more I am getting suspicious. According to the bank over £300 worth of charges had been refunded. thats an awful lot, and I don't remember asking for that many (if any) and I couldn't see the bank refunding them automatically:rolleyes: . I think I'll let the process continue( paid for it after all!) and there maybe a bit more correspondence on this one. I just hope the bank don't take the ugly over not accepting an offer and this will not jeopardise my claim in any way. I suppose we've got until a hearing date to sort something out. I've just thought that maybe the bank are not accepting that some of the charges i listed as valid? Anyone else had any experience of this? There were a few "unspecified" on the list that i threw in (monthly maintenance fees perhaps?) but these only come to £133???? My heads spinning:confused: :confused: . Just have to wait and see. Gary
  19. We have progress!!!! Sort of. Spoke to bank today about other account issues and my claim came up in conversation. After their investigation, thay are claiming that some of the charges (old ones mostly) had been refunded at the time! I cannot honestly remember, and the details were on the computer print out version (pre takeover by Danske, not copy statements). They say they will send out evidence of this. Anyway they initially offered £600 (I am claiming £1500) eventually going up to £1200! I said I'd think about it after they send me out all the details. Now here's the funny bit. I had left details at home with my brother about filing an online claim this morning. As I was talking to my bank, he was online submitting the claim which with 8% interest and costs was up to £1817!!!! Plus, a letter to the court with a revised schedule of charges is in the post. So I'm now £62 (Fee) more out of pocket! I'm pretty ****ed off TBH at the timing of everything as I could've saved £62. Or do you all think that I should stick to my guns? The more I think about it, I'm annoyed that this "evidence" of repayment of some older charges (which I can't remember nor have evidence of) was not supplied earlier with the original S.A.R - (Subject Access Request). If they have evidence now that some of the charges are not now relevant, why could they not have made this clear in the original list. I haven't agreed to anything as such as as I have said they are sending stuff out to me for approval. Advice please????????????????/ Gary
  20. Preliminary letter sent off today recorded delivery. £262 charges + £128 CCI = TOTAL £390 Looking forward to hearing from Mr Uddy!!!!!
  21. Hey 'Warrior nice to hear from you. I thought your case was listed for 25th May? Was it rescheduled? Well as I say, my 14 time limit after LBA is up today and haven't heard a dickeybird apart from the local branch manager trying to arrange a face to face meeting which I declined:) So i'm now at the stage of entering a small claim (£1500+ 8% interest + costs ) so will be well under £2K limit. I'm considering an online claim as it initially doesn't require all the paperwork and such and I'm hoping that a summons (for want of a better description) will gee tham up a bit. Also, after reading the Which? website, they are now advising claimants to go to the Financial Ombudsman first (following the recent Lloyds cases in Birmingham and LAncaster). There reasoning for this is that an approach to the FO is even less formal than the Small Claims Court and that no official judgements have been published, meaning that EVERY case sent to the FO has been settled by the Bank in question. The only downside is that you have to give the bank a lot more time to respond (typically 8 weeks) before complaining. Anyone any opinion on this? Gary
  22. OK, its time to go to the next stage, filing a court claim. To be honest, I'm a bit disappointed about the lack of any type of offers, compared to some other cases here on this forum. Ah well, maybe a little letter from the NI Court Service (NICS) will galvanise a little action. I'm wanting to keep the paperwork down to a minimum, so I'm seriously considering using the NICS Small Claim Online service, so I'm going to look into that over the weekend. Any advice or comments would be gratefully appreciated. One other thing, which address do you put on the claim for the Respondent, is it the local branch still or maybe headoffice??? Gary
  23. Ok, I've used Vampiress' spreadsheet 2 (with contractual interest) and the total claim comes to £390. Pretty low amount compared with some, so hopefully Capital One will pay up quickly...........yeah as if Will be sending prelim letter on Monday. Gary
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