northern Bank charges reclaim **WON**

[lickthewallfatboy]

Cat

i'm not legally inclined,but I have picked up a lot in a short time here from some very helpful people.I'm trying to examine the options open to me without the high court avenue.

 

I wonder if a group action would be viable?I may post that in the general section and see what the general opinon is.....

 

I know what you mean about things being personal!!

[lickthewallfatboy]

This has been raised by a member in my htread about the northern bank...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6263&page=2

 

in Northern Ireland,as you know,the small claims limit is £2K,but some of us(me included) could well be looking at claims well in excess of that figure.

 

It has been suggested that we band together and go to the High Court in a group action.

 

Now I do not have a clue about this-could someone advise of the pros and cons of such a move?I know there are downsides(not clear on what they are)but I'm aware they do exist....

[Robertxc]

Not something I have any knowledge of, except that if you go to the high court and lose....get ready to pay out big time for the other side's costs.

[thecornflake]

This I presume would be similar to class actions in America. I didn't know you could them over here, it wiould be interesting BUT as already said if you lose you are liable for the other side's legal costs. Plus they would have very good lawyers as it could set a precedent and there's no way they would want that. On the other hand they may settle out of court in the face of such a big case.

 

Your other options are only claim up to the limit each, or perhaps put in multiple claims (split one big one into separate smaller ones) - this has been mentioned before but I'm not sure how it works.

[Robertxc]

Essntially it's very simple, all you do is add up all your charges, and then add interest. What you'll be left with is a series of total which have been adjusted. So if you were charged £30 in May 2003, you would actually be claiming say £35 for this particular charge, because you're including the interest. Now all you do is start from the oldest charges and add them up until you get to the small claims limit. These charges will form your first claim. Go through the process as described in the FAQs (you have read the FAQs, haven't you:mad:), and get your dosh back. Only when this claim is COMPLETELY SETTLED do you start one for the next lot of charges. Repeat until all charges recovered.

 

IMPORTANT: Do not attempt to run multiple claims concurrently. If you do, the bank will very likely turn up in court and have them merged into a single claim, thus taking it out of small claims.

[lickthewallfatboy]

Thanks for the advice.If the Northern don't give me the details I need I am going to have to put in an estimate up until the time I have figures provided for.It will work into 3 separate claims in that case!!

 

 

scales duly clicked on, Robert!!

[lickthewallfatboy]

letter dated 14 June received this morning from Nuala Walsh,Service Recovery Manager.

 

Jist of this was that my complaint was being taken very seriously,and that they would be investigating it with a view to replying in the next 20 days my clock is going tick tock in an ever more loud fashion.....

 

Also included a helpful ombudsman leaflet to be added to a growing pile of waste paper!! LOL

[lickthewallfatboy]

I have drafted this letter for posting to the Northern today-

 

22 June 2006

 

WITHOUT PREJUDICE

Dear Ms XXXXX

 

As you will be aware,I wrote to the Northern on April 27 2006 with a DPA request for details of all charges levied on our accounts since their inception.

 

The information I received was totally inadequate,in that details for the past 2 years only were forthcoming.The deadline for full compliance with that DPA request was June 6 2006,and full compliance has not been achieved.The date is now June 22,so you will see that I have been more than reasonable under the terms of the legislation by not adhering strictly to that deadline.

 

Yesterday,I received a further automated charge on my account,which now has a debit balance of £1501.84(as of 21 June).Since my initial inquiry,(including that penalty)a further £113 has been levied in charges.This brings the known total for the 2 years details I have been furnished with to a grand total of £1904-the refund of which would bring our account up to a credit balance of £402.16

 

The overdraft balance on account no xxxxxxxx now consists totally of unlawful penalty charges levied on the account.I require a refund of those charges to our account as an interim measure before refund of the remaining charges for the period of non-disclosure.I would expect the balance on the account to reflect this refund by close of business on Monday 26 June 2006,otherwise the initial sum of £1904 plus interest and costs will be pursued in the Northern Ireland Small Claims Court,beginning on Tuesday 27 June,without prejudicing the further recovery of the charges pre 2004.

[gooner99]

you have included your account number. You may wish to remove it??

[big aid]

would you not consider taking a small claims action against them for their non-compliance and the costs you have incurred because of this. imagine being able to charge your bank £20 for a letter, after all they think it reasonable.

[lickthewallfatboy]

I don't know as yet-I may do this if I think it would be worthwhile,but I wouldn't stoop to their level of asking £20 for a letter.....it kinda goes against the spirit of the campaign to get our money back.

[big aid]

As Soon As I Asked First Trust For A Written Reason For Their Non-compliance, With A View To Raising A Complaint With The Financial Ombudsmans Office, They Sent All Of The Information That Was Asked For.

 

It Seems To Me That All The Threats In The World Don't Scare These People, But Once They Are Faced With Court Action Or The Ombudsmans Office, They Start To Talk A Different Language

[lickthewallfatboy]

I will be checking the account at the ATM tomorrow evening,and if the funds aren't returned,it's off to NI small claims website....

[daisy lighter]

Hey Lickthewallfatboy

 

Hope your money is back where its supposed to be! (or would I rather see the NB brought to justice in court and publicly embarrassed?) Hard call. . . . . . .

 

I jest. Hope your money is in.

 

Keep us posted.

 

More power to your elbow.

 

Cat

[big aid]

good luck

we really need a success against 1 of the so called big 4 in NI to prove to all that it is possible to make a succesful claim here

 

has anyone had success over here???

[lickthewallfatboy]

I really think things need bringing to a head.I don't expect the Northern to refund me today,so I am ready to initiate a claim tomorrow.It's going to be a busy week,with RBS and capital one about to have action taken as well.....

[lickthewallfatboy]

good luck

we really need a success against 1 of the so called big 4 in NI to prove to all that it is possible to make a succesful claim here

 

has anyone had success over here???

 

did you not read about the Belfast taxi driver who threatened the Ulster Bank with court over almost £2K in charges,and they coughed up straight away?

 

Seems to be that if they are put up against a wall,they will buckle like the rest......

[big aid]

well then lets keep the pressure on put them against the wall

 

was this success through this site or was it done independently.

[lickthewallfatboy]

from what I could gather from the story,the guy counted up his charges,wrote them a letter saying you owe me £x-pay up or go to court-and they paid up

 

all on his own,too

[Bru]

Just Pulled this off the Consumer council's website:

 

 

 

CONSUMER GETS UNFAIR CHARGES REFUNDED

The Consumer Council in partnership with the BBC Radio Ulster consumer programme, On Your Behalf, has helped Eamonn McGuckin, a Belfast taxi driver, to get over £2000 of unauthorised overdraft charges refunded. It is believed that Mr McGuckin has received the largest penalty charges refund to a banking customer here.

Mr McGuckin used the Consumer Council's two-step guide produced as part of their 'Stop Unfair Charges' campaign to challenge the excessive charges that had been placed on his personal current account by the Halifax bank. This amounted to over £2000 over a 3-year period charged when he went into the red without permission. The bank refunded his charges in full while he was pursuing his case through the Small Claims Court under unfair contract terms legislation.

[lickthewallfatboy]

As expected,no refund forthcoming as of deadline at end of business today. Off to NI Courts small claim site to initiate proceedings.

[Bru]

Good Luck with your claim,

 

I think you can understand by my above post that the Belfast taxi driver had issued proceedings through the Small Claims court before the Halifax coughed up.

 

I think the general consensus of the Banks is to do nothing until proceedings are instigated, sorry I can't help you further on this as you are further down the road than I am at this stage.

 

But keep your chin up and go for it, you will get your money. The Bank just wants to see how far you are prepared to go...

 

again, Good Luck

 

regards

 

 

Bru

[lickthewallfatboy]

as you say,they are prepared to sit back to see how far you will take it.They've called my bluff,and I'm am about to up the ante.I have already started on CITICARDS,although those dumb Indian call centres who throw a wobbly when you deviate from their prepared script still persist in ringing incessantly asking why I haven't sent a payment.

 

When they pay us back around £1400,then they might get some co-operation.....

 

same goes for RBS and Capital One-only a couple of days to go for them.

[flojo1985]

Keep it going Lickthewallfatboy.

I am waiting on First Trust responding to cout papers. They have until 6/7.

We all need to up the ante as you say

[lickthewallfatboy]

got a 2 line letter from the Northern this morning- "I am pleased to say my investigations are currently underway and I will respond to you as soon as these investigations are complete,as outlined in my letter of 14 June 2006" too late I'm afraid-claim for £2082 inc interest and costs has just been initiated.(and that's just for the last 2 years)They must think I'm some kind of mug or something!!