Bank Charge Reclaim

[WidowK]

Hi

 

I am planning to reclaim unlawful bank charges from various banks.

I suddenly lost my husband three weeks ago due to stress he had from banks. Now I think it is my duty to fight back on behalf of my late husband. I have sent my first template letter which I got from consumer action grup website and waiting for reply from banks; Halifax, The Royal Bank of Scotland, Barclays, Abbey National & Birmingham Midshire.

 

I don't know anything about litigation but I am willing to learn to fight.

If there's anyone who could help me on the way, it would be appreciated.

If not, I will not give up until I get what I want.

 

I do not fear losing because I am doing this to clear his name.

 

Thanks

[freakyleaky]

Hi and welcome to the site. I am sorry tohear of your loss.

 

Please take your time to familiarise yourself with the way the site works.

Read the FAQ's and the site rules and when you are ready, start your own thread/s in the relevant banks forum.

 

If you need any help in finding your way around the site just ask and someone will point you in the right direction.

 

Good luck!

[WidowK]

Thank you for your reply.

I didn't know how to reply

I will get there someday.

I have sent SAR letters out but only one bank, Halifax came back to me with statement. I haven't had any reply from Barclays or Abbey National yet.

Also, I sent a letter to Capital One but they don't want to send statement yet. They want me to provide "letter of administration" before they release data. I guess my case is more complicated than other people

I am in a strange situation. I am working mum because I get paid while I am on compassionate leave, I am not entitled legal aid. I can’t get legal advice because of that. I can't afford to pay legal fees on top of everything.

I guess I have to start reading books like small claims and last will to be able to sort my case out on my own. But it's hard for me to understand because my first language is not English.

Thank you very much for your reply.

WidowK

[maroondevo52]

Hello and Welcome, Widowk.

 

 

You will get everything you need to go through the process of getting your charges back on this site. There is always someone who will help you every step of the way.

 

 

If the other Banks do not comply with your S.A.R - (Subject Access Request) send them one of the letters here.....

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

 

Like Freaky says, you will need to start your own thread in all your Banks Forums. If you need help doing this, just ask. Once you have started your own threads, always keep them updated so people with experience dealing with your Banks can help you.

 

 

Have a look at the step-by step instructions....

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

You say you can't get Legal Advice, all the advice you will need, you will get here. The only fee's you will have to pay, will be your court fee's.

 

 

Have a look in all your Banks Forums, and read as much as possible, read a lot of the threads, and you will get a good idea of what you have to do, and what can happen along the way.

 

At the moment a lot of claims have been put on hold, because of the up and coming 'Test Case' involving the OFT and seven of the largest Banks.

 

 

Have a read of this.......

 

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

 

Hope this helps, and hope to see you around the Forums.

 

 

Best wishes with your claims.

 

 

Regards.

 

 

Scott.

[Michael Browne]

I have sent S.A.R - (Subject Access Request) letters out but only one bank, Halifax came back to me with statement. I haven't had any reply from Barclays or Abbey National yet.

 

Also, I sent a letter to Capital One but they don't want to send statement yet. They want me to provide "letter of administration" before they release data. I guess my case is more complicated than other people

Be aware that DPA SAR only applies to living people and if any of the a/c's are in just your husband's name (ie not joint a/c's), the banks might refuse to send you the statements.

 

If that happens, post on your threads for further advice.

[ukaviator]

A friend of mine's partner passed away about 3 years ago, and he had to send the Death Certificate before they would give out any nformation. If you do have to send it, please make sure it's to one named person in the banks office, and that it is registered.

[Robdblynd]

Hi and Welcome to CAG.

 

I am so sorry that you've had to find us under such sad circumstances. We all help each other every step of the way so don't be afraid to ask for help.

 

I notice you said you were having a few hiccups with doing things like replies etc, so I've put up the link to the dummies guide to the forums, it tells you step by step how to do things. Have a look, it may help you.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html#post1031151

 

Good luck with your reclaiming.

[WidowK]

Thank you so much for your reply everybody.

 

I don't feel alone any more. I will read the relevant treads as you suggested and create new threads under Barclays, Abbey National and Capital One.

 

I will let you guys know along the way.

 

Thanks. It means a lot to me.

[ukaviator]

You're welcome. You will make good friends here, best of luck with your quest.. .

[BADGER 69]

Hello Michael Browne.

Surely, if she is the beneficiary of her late husbands estate she will have the benefit of Beswick v Beswick HL 1966.

[WidowK]

My husband tried to reclaim PPI on Capital One credit card before he died, but his request was denied. This card was on his sole name. I tried to follow up his request but they sent me a letter that I do not have authority to discuss this matter. They asked me to send a proof that I am an executor of my late husband. Does it mean I need to obtain "Letter of administration"? I have sent death certificate but they wouldn't accept it.

 

All I have is huge debts, unsecured bank loans, which I need to pay it on my own. I can't even reclaim unfair charges which he was entitled to.

[Michael Browne]

They asked me to send a proof that I am an executor of my late husband.

Did your husband leave a will and if so are you named as an executor? If so, send a copy of the will.

 

If not you will have to apply for Grant (Letter) of Administration.

 

See here for both the application forms and explanatory leaflets

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

PA1 How to obtain Probate - application form (PDF 372KB)

 

PA1S Application for Probate Search (PDF 338KB)

 

PA2 How to obtain Probate - A guide for the applicant acting without a solicitor (PDF 212KB)

 

PA3 Probate Fees (PDF 68KB)

 

PA4 Directory of Probate Registries and Interview Venues (Word 44KB)

 

PA6 My probate appointment - What will happen? (PDF 184KB)

 

PA1A Guidance notes For Probate Application Form PA1 Adobe Acrobat (pdf) (PDF 49KB)

``

[WidowK]

Thank you very much Michael.

I just printed these document now and I will read and fill this form after work.

 

Thank you.

[WidowK]

My husband died so sudenly without warning.

He didn't leave a will or life insurance policy.

That's why I am struggling so much to cope with all these legal stuff.

Thanks a lot for your help.

[Bookworm]

K (Hope you don't mind me calling you that, I don't really want to go round calling you "widow" ), have a read here:

 

Debt After Death: TheWillExpert

 

You say you are responsible for paying off those huge unsecured loans, but are you sure you are? Beware of debt collectors and unscrupulous creditors who will try to pressurise you into repaying debts which may not be yours to pay.

 

I think thatunder the circumstances, you need to first get the right paperwork so you can deal with those accounts, then ascertain how much of those debts is made up of charges, then decide how to proceed. It may well be that if you turn out not to be liable for some of those debts, anything you would attempt to reclaim would only get offset against the debt, so you would get nothing anyway. On the other hand, if you are liable for those debts, anything to reduce the balance would be a good thing.

 

You are amongst friends here, and we will help you.

 

I would advise you to start a new thread in each relevant forum straight away, just to say "K v Evil Bank, I have written to them", because as they start responding, it is going to be hard to follow who said what and when, and update each thread as the responses start coming in. It will help you and us keeping track of your progress (or lack of) as time goes on.

[BADGER 69]

Widow K.

Did your husdand leave anything? If he didn't debt dies with the debtor. In other words they can only claim agains his estate not against you.

[johnhowell]

Widow K.

Did your husdand leave anything? If he didn't debt dies with the debtor. In other words they can only claim agains his estate not against you.

 

Be aware that, if you jointly owned your house then that half (or other proportion) would be counted into his estate. So the surviving spouse would have to pay to retain the property.

 

Regards,

John

[WidowK]

Thanks for everything.

You can call me K.

It was joint loan account; therefore, I am also responsible for repaying.

He didn't leave assets. Because our house was repossessed by Birmingham Midshires two years ago.

I think I will be OK, because this whole experience will make me strong.

Thank you again for your help guys.

I will start sending reminders to the banks to get SAR requests.

[Bookworm]

With a spirit like this, I am sure you will come out of it stronger.

 

Any time you feel you're flagging, holler. This forum has seen it all, so never hesitate, even if it's just to have a rant, sometimes, we all need to have one. ;-)

[BADGER 69]

Hello Johnhowell.

I have discussed just this point with my barrister tutor and he agrees with me in that they CAN NOT include the matremonial home in his estate. There is already precedent for this. The only time that they can claim against the matremonial home is in a case of bankruptcy and if widow Ks husband was not declared bankrupt before he died tough for them. I know this from personal experience. My wife died in debt, we did not have a joint account, she only had debts and her creditors could not claim against our home. Cheers Badger 69

[johnhowell]

Hello Johnhowell.

I have discussed just this point with my barrister tutor and he agrees with me in that they CAN NOT include the matremonial home in his estate. There is already precedent for this. The only time that they can claim against the matremonial home is in a case of bankruptcy and if widow Ks husband was not declared bankrupt before he died tough for them. I know this from personal experience. My wife died in debt, we did not have a joint account, she only had debts and her creditors could not claim against our home. Cheers Badger 69

 

This is good news if correct - however, for inheritance tax calculations the proportion of the property held by the deceased is considered.

 

Regards,

John

[BADGER 69]

Hello Johnhowell.

the bit about the matrimonial home comes from a action brought by a local authority who tried to get the matrimonial home sold to pay for spouses care. It was held in court that as the other spouse still lived in the house that part of the house belonging to the one in care was worthless to anyone else. I asked my barrister if this covers cases like K and he said it did without question.

I have tried to find the case on the internet but as yet without success

[WidowK]

No, we don't have house any more. All I got is around £30,000 debt. Some of them are unsecured joint bank loan and some of them are his own unsecured bank loan.

 

I think I don't need to pay bank loan with his own name but joint loan, I need to pay back.

 

I am trying to stop banks to add interest while I am trying to sort this out but it proves to be very hard to get through to right people in the bank.

 

Thanks again for your help.

I am reading a lot of books regarding will and small claims at this moment. It's not easy but I will get there some day

[WidowK]

Merry Christmas and Happy New Year everyone!!!

[WidowK]

hi

 

Sorry that I couldn't continue to read forum because I moved house and lost internet connection :o(

 

At least, I am back online :o)

 

I have been sending letters out to the banks but they all came back with same answer asking me for wait until test case is completed.

 

I couldn't proceed any more :o(

 

One thing I have issue at this moment is we had joint unsecured loan.

Bank insisted for me to pay this loan back but when I requested early repayment figure they wouldn't send it to me.

 

I had to go through their complaints department however, they still wouldn't send me early repayment figure. One person from complaints department said that because I didn't pay it during funeral, they passed to debt collection agency but nobody from bank or debt collection agency contacted me regarding this loan. I had to make complaint to financial ombudsman service but it seemed that it's taking very long time to get any feedback from them. I am concerned that interest will be charged until then I will have more debt to pay and it will affect my credit score

 

Does anyone know why they didn't contact me even though I gave them new address and requested early repayment for months?

 

I have another issue with landlord. They are refusing to pay deposit back because they received deposit from my husband not me. They asked me to stay until tenancy runs out and pay utility bills even though I didn't want to stay there. I did exactly what they wanted me to do and now they don't want to give me deposit back with this reason. I opened new thread for this issue.

 

I have been through a lot and I find it difficult to cope with all these problems but I think I learned a lot as well. It is too hard for me to cope. But I am glad that I found this site because at least you guys tried to listen to me and trying to help me. Thank you so much