Hi all, I am now on my second reclaim, the first one was FD, and rather large, currently waiting for them to return their AQ by 8th August or I win by default! Whats the betting it arrives on the 8th? Anyway, just had my SAR from Cap One, about £800 worth of charges, but what I wanted to know was, there are quite a few 'cheque handling charges' ranging from £3 to £25, can these be reclaimed? Gonna start my RFP tonight. Cheers.

Hi all An update to my case, having recieved the AQ from my local CC(even though the judge at Northampton Bulk ordered that it be dispensed with) I duly filled it out, at the same time I filed a N244(request to vary the amount claimed) because my lovely wife missed a few(£700+ and int.) charges, to be fair I missed them on checking too. So off I sends my completed AQ with the new draft directions and the N244 along with the £100 and £65 fees. So, the first ballsup, gets the cheques back, I forgot to sign them, Doh! Then off I send them, and the next day I gets the N244 back, forgot to sign that, was I awake when I filled these things out!(have checked all the forms and they are pretty good!). Then...... thanks to an unauthorised transaction on my account, it appears that the £65 cheque cleared, but nobody can tell me what has happened to the £100 cheque(not enough funds to clear it, by pennies!) So today I went to the CC to hand deliver the N244, signed this time! and offered to pay the £100 in cash. They said to wait and see if the cheque has bounced, and they will send me a letter to come in and pay in cash, otherwise they would get confused. So when this all works itself out, I wonder if the OFT case in the High Court will affect the hearing date? Oh by the way if the cheque has bounced the £39 charge will be added to my claim from the Halifax!

Well..... If they use the same defence for you as they are using with my case, you aren't missing anything! It goes like this: 1) The claimaints account is goverened by the defendants personal/business banking terms and conditions. 2) Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft. 3) The defendant denies that the charges applied to the claimants account amount to penalties at com!mon law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). 4) The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty. 5) Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief. What a crock of s*%* ! Basically you agreed to our extortionate charges, and there is nothing you can do about it! nernernernernerner!!!!!! The above defence is word for word(minus their spelling errors, I thought solicitors went to uni!) and seeing as I have 2 accounts, both personal, you can see that it is a proforma defence, and it fits in the tiny space on the court forms! Just waiting for a hearing date now.

Thanks Dar£n.

Hello, on the subject of O/D charges, I have been going through my statements again, and have found a overdraft facility 'renewal' charge applied anually of either £15 or £20, is this claimable? Lets face it, they do sod all for the privilege! Cheers

Go get em' Tiffla, dont worry about the courts lax attitude towards the defendants time keeping, just sit back and keep adding the daily interest, safe in the knowledge that they will settle, and if they don't, If is wasn't on holiday i would have been delighted to come and support you at Walsall CC. My case will be transferred there, and I am watching with baited breath! You will win, even the judge knows they don't have a leg to stand on.

Forgot to mention, in response to my questions about my POC, and having read Dubliner10 v FD, I have filed an updated schedule of charges with court and DG, as per GuidoT #21. Cheers GuidoT. Sent 2 sets of charges, the original ones that FD got with my RFP/LBA letters and updated, more in depth ones, as of date of sending. Just waiting to hear from court now..........

Hi everyone, just a quick update. I have checked MCOL when I got home tonight to find they have filed their defence, so watch this space........... Anyone got T&C's from 98/99 please.........

Hello Moh I would be interested in a copy of the 96 T&C's, can you PM and i will pay for copies. Cheers your a star.

Hi all, still waiting for FD to file a defence(got until 1600 25/06), I am expecting them too, so the court bundle work starts in earnest! Does anyone have a copy of the TC's for 1998/99? They would be greatly appreciated, I do have the 2003 ones, but would like the a/c opening year ones aswell (greedy I know). Power to the people!

Hi Lulan I would wait until friday, that is a week after the defence filing date, i think, and call Northampton Bulk Centre to see if the case has been transferred to your local CC and where is your copy of their feeble defence. I await your case with interest, because I think they will head the same way with me, but are dragging their feet for another 14 days! Good luck

Thanks Gensha I appreciate it. No doubt I will be in touch, I think I will wait to see what defence they put up, if any, and if they defend on grounds of not enough info I will submit an N244 to the court with a list of my charges and a fleshed out POC. The bank have already had these twice. Cheers, well done on getting your money back. Sre they sending you a cheque?

Hi Lulan Don,t be concerned about going to court, just be prepared, the law in on your side! Have you recieved a copy of there defence yet? If you dont mind me asking, on what grounds are they defending your claim? It will be interesting to see what/if they will throw at me in another 14 days.

Hello, anyones help would be appreciated! Just as an enlightenment here is my original particulars as filed on MCOL: Unfair and illegal bank charges including excess overdraft fees, overdraft fees and returned DD fees relating to 2 current accounts, namely a/c number and a/c number. The claim relates to charges dating back to xx/xx/01 on a/c number and xx/xx/01 on a/c number upto and including xx/xx/06 on both accounts. We have contacted the bank on 3 occasions asking for a list of the charges, request for payment and a letter before action respectively. The bank maintains that its charges are fair and lawful, and therefore our claim is unenforceable. It goes on to state that under their 'Account Terms and Condtitions' their fees and charges are clearly stated, however our contention is that they are breaching contract law by their charges not being in proportion to their costs, so in effect they are fining us. The claimants claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/01 to xx/xx/07 of £xxxx. Anyones opinions would be grateful, especially given that if I am going to send another more fleshed out version, I has got to be by Friday! Thanks in anticipation.

Hi guys, have checked MCOL this morning to find out that FD filed an acknowledgement on 1st June. So lets see whats next. Having just read the MCOL particulars of claim info from the Lulan v FD thread, my particulars were fairly brief given the 24/1080 limitations, and having 2 accounts with them. Does anyone think that I should flesh out my particulars and send a copy of the charges list, I believe that I have 14 days to do this from the date of service, if I require it. By the way for anyone that is going down the court route, I have loaned a book on the small claims procedure from my library called "A practical guide to the small claims court" by George Applebey 2nd Edition, which I have found enlightening. It explains all the options/forms and procedures in detail and has sections on preping for the hearing and at the hearing, if you should get that far!

Hello all, just an update of where we are. Have done all the usual process, SAR/RFP/LBA and got stonewalled each time, have now filed on MCOL, did it on Friday 18/05, and have received a letter form the court this morning telling me the claim will be considered served on 26/05 and they have until 09/06 to react.... So watch this space! Next up Capital One and Halifax.

Hi all, just a quick post to say hello to everybody. I have come across this site having been directed here from moneysavingexpert.com. I am in the process of taking First Direct to court(MCOL filing tomorrow) after unsatisfactory replies to my request for a refund and LBA letter. They sent the standard 'our charges are legal' crap. FD are the first to be approached, but will not be the last! Will keep you all up to date. Cheers