Jump to content

SAMREID21

Registered Users

Change your profile picture
  • Posts

    9
  • Joined

  • Last visited

Everything posted by SAMREID21

  1. Ok - sent second letter after recieving my "we will look into it letter", and am currently in the process of sorting out my claim form. Ive heard that it is easier claiming with my local county court rather than money claim online - is this correct? im thinking im gonna need some help with this becaouse If or when this gets to court im gonna be a nervous wreck! Any advice PLEASE!
  2. Thats great thanks BARTY - so ill send second letter and await reply!
  3. OK- WELL seem to be having problems with the postal service around here and im sending my first letter again as ive had no reply and im thinking thats unusual! Anyway was wondering if anyone could help and tell me if i can claim back overdraft excess fees on an overdraft i was forced to take out to cover charges repayments only? not sure if thats allowed and it a good £290-£300?
  4. Thankyou - ive had some great advice from the chat room, reading the FAQ's and different threads posted it really is a great site!
  5. Hi everyone! well im just starting out again - i tried this out twelve months ago but got freaked out and decided not to carry on. Since then i have been charged continousley for the past six months as llyods have changed there policy and decided they will now charge for going overdrawn under £10 - leading to me being charged for going overdrawn by £8. From there charges debited again took me overdrawn leading to more charges etc etc etc! Lloyds refused to help me in any way at all so ive decided enough is enough. Over 4 years they have taken £1400. Im determined to follow this through all the way this time and have spent hours looking through the FAQ. So hopfully with the supprt of the consumer action group website i can go all the way. First letter has been sent. Awaiting my reply! Just a quick question - i was forced to take out an overdraft to repay charges how do i go about reclaiming do i add the overdraft amount or just the excess fees?
  6. Hi, im kinda new to the website and have been sort of roaming through on my last few visits and have finally discoverd how to post a new thread HOORAY!!! Im looking for a bit of advice as im quite apprehensive about this process, Ive recentley sent my second letter off and am awaiting for a reply - but the letter i sent was one i found on a simular site and im thinking its a bit OTT HERES A COPY -I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account. I also note that in the past three years alone between my two accounts you have taken in excess of £1000 resulting recently in me having to take out an over draft in aid of me being able to live. This resulting in excess fee’s, interest and still outstanding charges to be debited - as I have had to spread them over a few months in order to be able to pay them. I also note your suggestion that I can complain to the Financial Services Ombudsman if I am dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Service Ombudsman where the only forum can determine a dispute on the legality of charges is my local court. I would ask you to note the following. Your bank insists it can impose charges in accordance with its terms and conditions of contract. However those terms and conditions are subject to the common law and the unfair terms in consumer contact regulations 1999 (UTCCR). Indeed the UTCCR takes precedence over any contractual term where the court finds a term to be unfair. The court can then treat that term of contract as having no legal effect. The question that arises is this: are your charges unfair in terms of the UTCCR? On July 26th 2005 the OFT stated that ‘a charge is likely to be disproportionately high if it is more than a court would likely to award if a lender sued a cardholder for breach of contract’. So what would the court award your bank for my minor breaches of contract? As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the banks global debt recovery costs and lending losses. There is parliamentary evidence for this assertion. When the UK banks gave evidence in the House Of Commons Treasury Committee on how bank charges were calculated they said: “Bank charges are going to pay for all the people we have to pursue debt, collect debt, and speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges” (House of commons, 2nd report 25th January, paragraph 50) Accordingly your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges. If I do not hear from you within the next 7 days, I will raise an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions I look forward to your response Anyone else agree? and also do i start my moneyclaimonline now or when i receive my next refusal ?
  7. hi, im a little worried as everyone seems to knows what to do next bar me! Ive read up quite a lot on the process but yet it stills seems bother me. Ive just sent off my second letter shown below: I write in response to your letter refusing my request for a refund of bank charges. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account. I also note that in the past three years alone between my two accounts you have taken in excess of £1000 resulting recently in me having to take out an over draft in aid of me being able to live. This resulting in excess fee’s, interest and still outstanding charges to be debited - as I have had to spread them over a few months in order to be able to pay them. I do still believe these charges to be unfair. I also note your suggestion that I can complain to the Financial Services Ombudsman if I am dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Service Ombudsman where the only forum can determine a dispute on the legality of charges is my local court. I would ask you to note the following. Your bank insists it can impose charges in accordance with its terms and conditions of contract. However those terms and conditions are subject to the common law and the unfair terms in consumer contact regulations 1999 (UTCCR). Indeed the UTCCR takes precedence over any contractual term where the court finds a term to be unfair. The court can then treat that term of contract as having no legal effect. The question that arises is this: are your charges unfair in terms of the UTCCR? On July 26th 2005 the OFT stated that ‘a charge is likely to be disproportionately high if it is more than a court would likely to award if a lender sued a cardholder for breach of contract’. So what would the court award your bank for my minor breaches of contract? As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the banks global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.When the UK banks gave evidence in the House Of Commons Treasury Committee on how bank charges were calculated they said:“Bank charges are going to pay for all the people we have to pursue debt, collect debt, and speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges” (House of commons, 2nd report 25th January, paragraph 50) Accordingly your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges. If I do not hear from you within the next 7 days, I will raise an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions i got this from a similar website and added a bit here and there but im kinda thinking its a bit much now. And what happens next i mean do i need a solicitor? Can anyone help any advice/criticism welcome!
  8. My dads been with the royal bank of scotland for years and has never had any problems - and if he's needed any help theyv done what they can for him, im in the process of opening an account with them as im sure once Llyods have sorted my case out they'll be closing my account
  9. My dads been with the royal bank of scotland for year
×
×
  • Create New...