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a184

HBOS charges reclaiming

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You could make it part of your POC saying that adverse information on your CRA's is down to these unlawfull charges and using some of what was said by stevokenevo.

 

as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

  • Confused 1

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Hi a184, I used the following paragraph in my letter to them:

 

Additionally you have placed a default marker on my credit file with Equifax. This default occurred either as a direct result of your unlawful charges or was due to impecuniocities caused by your unlawful charges. I would like this removed. Marking it as satisfied is not acceptable.

 

In my particulars of claim I just stated "Removal of adverse data from my credit file" as one of my requests.

 

This has worked three out of three times.

 

Good luck

  • Confused 1

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Thank you very much for your replies. here's what I'm putting on my form. Can you tell me if this looks alright, or have I made any silly mistakes/should it get me what I'm after?

 

Claim (form of decree or oher order sought): "Removal of adverse data from the pursuer's credit file"

 

 

State details of claim here:

"The adverse information on the pursuer's credit file is down to the above unlawful charges. The pursuer requires the complete removal of this information from his credit file under ss.7 and 13 of the Data Protection Act 1998."

 

cheers

 

a184

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Hi,

 

BoS have offered me my full amount back. However, the acceptance form I have to sign says:

 

"I confirm that I accept the offer of £58 from BoS in full and final settlement of my complaint regarding bank charges made on my BoS accounts."

 

Does this mean that by signing this form I will be unable to dispute and claim any future unfair charges? (Hopefully it won't happen again though!)

 

I phoned BoS and they said that if I amend the form in any way they won't give me my money back.

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Hi,

 

"I confirm that I accept the offer of £58 from BoS in full and final settlement of my complaint regarding bank charges made on my BoS accounts."

 

 

My reading of that sentence is that it only covers those in your complaint. Any subsequent charges that you claim will be subject to another and different claim.


_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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I phoned BoS and they said that if I amend the form in any way they won't give me my money back.

 

And if they don't then you progress to the next stage!!!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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OK, thank you for clearing that up half ax I and T4FF!

 

a184 :-)

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Hi a184,

Sounds ok to me. I wanted to ask what form/action is it that you are filling in?

I ask this as I filled in a small claims summons and took that to my local court but they said I could not ask for my default to be removed with the small claims. I have to instead go through the Summary Cause.

 

hondamad


__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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hi hondamad21,

 

I'm going to try it through a 'Small Claim Summons, Action for/of Payment'

 

Did you say yu had problems with this?

 

a184 :-)

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Hi a184,

 

Yeah I had problem, I tried to raise my action against Egg plc via the Small Claims for refund of about £400 charges and default removal. However the people at the Small Claims desk told me I have to raise a Summary Cause claim, which would leave me open to full expenses should I fail.

 

So I am a bit confused. . . :-|

 

Hondamad


__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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sorry...I really don't have much experience of this, so I don't know what to do.

 

But I haven't heard of anyone having to do this method which leaves you open to expenses...maybe the person at the Small Claims desk was wrong/didn't know what they were doing?

 

so why not try it again, and see if a different person lets you do it?

 

if that doesn't work, you could always try another sheriff court...

which one did you try it at btw?

 

 

a184 :-)

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Hi a184,

 

Yeah I tried call in and asking someone else, but they said the same thing.

I will try calling another sheriff court and see?

 

I tried in Edinburgh.

 

Thanks for all your help.

 

hondamad


__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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