This topic was closed on 10 March 2019. 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

This topic was closed on 10 March 2019. 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, I wondered if someone could spare a few minutes to help. I started the reclaiming process a few months ago and got up to the stage where I was ready to file in court. To cut a very long story short I was off work ill for a while and have let things go with this a bit - ie now completed my claim. I was going to write a 'last chance' letter to them stating that I wanted a refund in full etc. Do you think that's a good idea or should I just file the claim? Also since I started this, they have charged me a further amount of £130 for going overdrawn by £4 and then rejecting dd's etc. Can I just add this on? Sorry to go on and thank you!

So I'm putting £523 for the amount claimed plus 8% of that?

I thought I should start my own thread on here now as I am ready to complete my moneyclaim online. I'd really appreciate the help and support from people on here so can I apologise now if I ask any questions which seem obvious to others on here. I've been off work with stress for 3 months but I'm starting back on Monday so I'm a bit all over the show at the moment with nerves and what not. Anyway....! Like it says on my thread, I'm now ready to claim my money back from Capital ONe but just want to clarify a couple of points first: 1. All of my letters have asked for my £503 to be repaid. Since then tey have added another £20 for being £8.73 overlimit. Can I just add this to the claim to make it £523 or do all the amounts need to match up? 2. Do I now also add on the 8% interest, so that I am in fact claiming £523 plus 8% of that Thank you for your help guys

Thanks for your help, I really appreciate it

I found that the best thing to do with this sort of person is to send a letter as you have drafted and then if they ring you again at home, read the letter out to them and give them the recorded delivery tracking number! Ha! Just mechanically read through it after saying something like, "oh, just a second". After you've read it out, place the receiver on the side for a while whilst you carry on with vacuuming etc. It ties up their line to stop them harrassing others and they'll soon get the message.

Hi everyone - I'd really appreciate some help! I'm currently ready to submit my application to courts after failing to get any reimbursement of fees from Lloyds. However, due to a bit of a cock-up on my part, I have now been charged another £95 from Lloyds due to me being £3 short on a direct debit, it rejecting etc etc. Can I just add this onto the court application or do I need to send Lloyds a letter stating that I will be adding this, therein giving them the opportunity to reimburse this additional amount? I hope this makes sense! Any help greatly appreciated. Thank you

I'm due to send my LBA to Capital One tomorrow and received a letter from them today offering me £174 of the £550 I've asked for. In my LBA, do I need to make reference to their offer? Should I send an additional letter saying 'no thanks' in addition to the LBA? Finally, should I now address the LBA to the person making the offer? Sorry for rambling!

I'm at the same stage as you - capital one have ignored my 'preliminary approach for repayment letter' as well. The LBA I'm sending isn't going to have any interest on it. Just the £530 I want.

Hi all. Thanks for all your help so far! The letter I received back said- "Thank you for taking the time to contact us about your account. I understand that * you feel the charges incurred are unlawful * 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 4 years (This is how long I've had the account) It then goes on to say that banking with Lloyds is for most people completely free and that they don't charge for direct debits etc. After a load of 'standard type' talk it says that as a business they are entitled to set charges to cover additional work etc And then!!!! "You incurred charges because you did not ensure funds were available in your account to cover payments set by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions........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 cheque books. Alternatively you may wish to consider other banking arrangements". So... now for my questions!!! I'm assuming I still just count down the 14 days since they received my preliminary approach for repayment and send the LBA? Basically ignoring this twaddle and their "How to voice your concerns leaflet"? Has anyone else had this bit at the end of a letter about withdrawing facilities? Thanks again everyone - you're all a massive help!

I think I have sent the wrong letter to Lloyds. I worked out how much they owed me and sent a letter based on the one in the templates library which asked for it to be repaid (it's the one that refers to the regime of fees being unlawful at Common Law etc). Is that right? They've not replied in a standard way from what I can see from others on here with a "How to voice your concerns" leaflet etc. Two questions - Firstly do I need to send a similar letter asking for repayment again before filling in the court claim Secondly, has anyone else been threatened with withdrawl of facilities like I have? The letter concludes with a threat to withdraw facilities like my debit card etc. Sorry to go on and please be patient with me - my nerves are shot at through work at the moment

Thanks! I'll do the letter before action today. I was getting confused because like I said different people seem to be doing different things and the templates letters have been added to so that you've got a choice of which one you want to send. Argh!

Thanks for that. Can I just double check!!! This is what I've sent so far: Request for repayment of charges Dear Sir/Madam, ACCOUNT NUMBER: I am writing to ask you to refund to me the charges which you have levied from my account since 8th March 2001. 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. 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 appalled 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. Your concealment of the true nature of your charges has prevented me from asserting my right until now. I calculate that you have taken £503 from me in such charges. I enclose a schedule of the charges which I am claiming with this letter 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, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully, .. So now it's the letter before action one? Sorry to be a pain but I just want to make sure I'm doing everything right! Thanks again

Hi all, I know everyone's really busy themselves but if anyne could spare a minute to steer me in the right directon I'd be really grateful. I've worked out how much Lloyds owe me and written the letter asking for payment within 14 days. That was sent on Thursday by recorded delivery and today I received the standard fob-off letter which many people seem to have had. It says that I knew what the terms were when I opned the account etc and that if they don't hear from me by 17th Aug, they will close the file etc. Is there another letter I'm supposed to send before issuing the claim? I've looked all over the site and am a bit confused now! Thanks P.S. I have read through the step by step instructions before anyone says that, but I noticed on some other threads that others have sent another letter out.

I posted the letter by recorded delivery and printed out the confirmation of when it was delivered and from which sorting office from the Royal Mail website. Hopefully I should receive them soon, I did get a letter from someone in the legal dept saying that they would forward them on to me as soon as she had them.

Thankyou! I'm so fired up about this, I'm even going to take on my bank (Lloyds).

I've been trawling through this website and others trying to find out anything which will possibly help me. Basically I have a current account with Lloyds that started life as a graduate account with an O/D limit of £1500. Charges and god knows what else took me over this to £3000. Lloyds gave me a choice - pay the lot back (I had no money to even pay the bills at the time) or they could help me by transferring this amount into a specially arranged loan. I have been paying back on this loan for nearly 2 years now. Can I only claim back the initial charges or is there anything else I can do?

Can someone clear up a question for me? Capital One received my subject access request on 8th May. They didn't cash the cheque til over a week later and then wrote me a letter a few days ater that saying that they will forward the details on to me as soon as they have them (18th May). Do I start counting the 40 days from the date they received the letter or from when they cashed the cheque?

Thanks! I was thinking of doing that and I went to Abbey National to pen one. They refused saying that I couldn't because I actually had a full current account somewhere else. Hmm... I'll try the Natwest one. Thank you again!

Hi, I've had a look through lots of the other postings and couldn't find and answer to my question, so apologies if it is out there. I have a current account with Lloyds and am thinking of claiming back unfair charges from them. The only problem is that I'm really worried about them closing my account in retaliation. Has this happened to anyone? I am in the process of dealing with Capital One on this issue and couldn't give a toss about them but I'd struggle to get a bank account anywhere else because of my credit report. Help!

Thanks for your help

Oh, I know it's 40 days, I was just wondering if they went right up to that date or not ie are they generally quicker? Also is it 40 working days?

Hi, I sent my first lette to Capital One 2 weeks ago asking for statements etc and enclosing the £10 fee. As yet I've heard nothing. Is this usual?