Following The Bank Charge Procedure

[d4funky1]

Hi,

 

I am following the procedure for claiming back my bank charges and wondered if anyone could clear this up for me.

 

Do I send the 'Request for repayment of charges' letter to my local branch or to the banks registered address as found in the forums?

 

Thanks

D4

[maroondevo52]

Hi, D4.

 

What Bank is it ?

 

Regards.

 

Scott.

[d4funky1]

Hi,

 

It's Lloyds TSB

 

Thanks for the quick response.

 

D4

[Michael Browne]

PRELIMINARY AND LETTER BEFORE ACTION

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

[d4funky1]

Thanks

[d4funky1]

Will the bank close the account after going through this process?

[Michael Browne]

Will the bank close the account after going through this process?

In the past, it did happen very occaisionally, but very rarely now. Especially as it would in direct contravention of the FSA Waiver Directions to banks:

 

 

the firm must not close accounts or threaten closure of accounts of customers when it might reasonably appear that this is for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others. For the avoidance of doubt, the firm may close accounts or threaten to close accounts where there is good justification for doing so based on the circumstances of the particular case;

http://www.fsa.gov.uk/pages/Doing/Re...sp_monthly.pdf

[d4funky1]

Also,

 

I've just seen on the moneysavingexpert website (don't know how old the information is) that:

 

Bank charges reclaiming is currently on hold awaiting court decisions in the test case. This means the regulator the FSA has said the banks/courts DON’T have to deal with claims. However, you should still send in claim letters now, as there are 100,000s people in the queue, so the earlier you do it, the sooner you’d get your money back

 

Is this true?

[Michael Browne]

Is this true?

Yes, see OFT test case forum here:

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

[d4funky1]

So,

 

Reading between the lines.

 

I send the Request for repayment of charges letter to my bank. They send me a letter re: test case then would I follow the procedure as normal or has this changed now because of this?

 

Hope you can help.

 

Thanks

D4

[maroondevo52]

Hi,

 

You carry on with your timetable, if after 14 days they do not reply with an offer or return your charges, send your Letter Before Action.

Then after another 14 days, your still not satisfied, you file N1 at your local County Court.

 

Your claim will more than likely be 'stayed' but at least you'll be in the 'system', and you never know, they may make you an offer.

 

Regards.

 

Scott.

[d4funky1]

Hi,

 

Just to update received a letter from lloydstsb dated 21st January saying that they have received the complaint letter but need to pass it over to the andover customer service recovery centre please allow a couple of days.

 

Today I have received another letter dated 23rd January from the above recovery centre sayin they have

received the complaint and expect enquiries to be completed within the next four weeks but we will try to get our response sooner if we can...

 

As I posted this letter dated 16th January should I still continue with the 2nd letter on the 30th (14 days later) as I have received a response?

 

Any info would be greatly appreciated.

 

Thanks

D4

[maroondevo52]

Hi, D4.

 

Yes, stick to your timetable.

 

Regards.

 

Scott.

[Mr lex]

Hi D4funky1

 

I agree with Scott,

 

Remember, you need to get this claim to court.

 

When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim.

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should start to claim at court now.

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected.

 

When the stays are finally lifted, you will be one of the first in the queue to get paid.

 

Once in the court system, you will get the 8% interest.

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.

 

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

 

Hope this helps

 

Lex