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newbie here, advise pls re reclaim bank chgs court action


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hello all,

 

This is my first post so forgive me if i waffle! I'm in the process of reclaiming bank charges from nationwide (£721), mbna credit card (£246), capital one credit card (£191)and barclaycard (£140)..i'm at different stages with each claim. I downloiad all teh letter templates from martin lewis moneyxpert site (great site!)

 

I'm just about to take mbna to court as they haven't responded after the specified time and am being a bit thick when trying to understand the letter template. It states in the letter that i will be claiming interest upto the court judgement but how to i ask for the interest claim amount when i dont know when the judgement date is? in my original claim i am also claiming statutory interest for each charge..i've done this in all of my applications except nationwide.

 

Also, i've heard that nationwide have a habit of closing accounts down after claims have been made..i've been a customer for over 20 years and also have savings accounts with them..(nothing in them) does this make a difference? i've already opened a parachute account with alliance and leicester. Also, unfortunatley, i've been charged since my claims have been submitted..could i ask for those back too in a seperate claim? both times i went £27 over my overdraft limit with DD's.

 

crazy thing is, all of my charges are dated back to over 2 years ago and due to unforseen ex husband not paying child maintenance and buggering off to new zealand problems in last few months, its put a strain on our finances which is why we have gone over O/D again.

 

 

I know this is long winded and would much appreciate advise on above.

 

 

many thanks

 

 

shaz

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Guest ChloeJane

Hi there,

 

Welcome to the forum...

 

Lots of questions to answer! so here goes -

 

I'm just about to take mbna to court as they haven't responded after the specified time and am being a bit thick when trying to understand the letter template. It states in the letter that i will be claiming interest upto the court judgement but how to i ask for the interest claim amount when i dont know when the judgement date is? in my original claim i am also claiming statutory interest for each charge..i've done this in all of my applications except nationwide.

The interest you will be charging when you file your forms for court will be 8% plus the daily rate.

 

Prior to lodging in court - the 8% is not added. When you claim, you take the full amount of your charges and add 8%. - add this to your claim then add the daily interest under section 69 of the county court act.

 

Also, i've heard that nationwide have a habit of closing accounts down after claims have been made..i've been a customer for over 20 years and also have savings accounts with them..(nothing in them) does this make a difference? i've already opened a parachute account with alliance and leicester. Also, unfortunatley, i've been charged since my claims have been submitted..could i ask for those back too in a seperate claim? both times i went £27 over my overdraft limit with DD's.

If the other charges are not related to previous claims and are not part of the other accounts, then you could start a seperate claim, but I would at this point if the charges are less than 3 months old - send the letter here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

It may get a result. As for closing accounts - no one knows!

 

Hope this makes it clearer,

 

CJ

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thankyou so much for your reply..i've looked over the template letter i downloaded from moneyexpert to send with my court application (i'm doing this online with the moneyclaim website) and i've copy and pasted point 4 which is the point that has confused me. As i've already added the interest for each charge from the date it was charged i'm not sure what interest charges i'm supposed to be adding..does it mean adding 8% interest on top of my total charges (incl interest i've already added?) If so, from which date..would it be from the date i originally asked for my payment?

 

what does the 'date i was deprived of the money' mean? because i've already incorporated those interest charges into the original request for payment.

 

sorry to be a pain

 

 

 

 

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.

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i'm just rereading again your reply and also the template letter from moneyexpert and i think point 4 means the total of my charges incl the interest i've already included because point 5 actually says my total charges plus 8% on top of that..is that right? i've c & p point 5 below

 

5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].

thankyou again for your patience!

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Guest ChloeJane

Yes!

 

But!!! My confusion is why you would put in this!!!-------

 

5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].

 

It is not the wording from this site and very ambiguosly worded in that you are asking that the court enter judgement in THEIR favour!!!!

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

Here is another

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Above is a good link!!

 

I would seriously seriously read these links!!!! The wording is not what I find to be correct and on none of the advise above templates.

 

Where did you get it from?????

 

CJ

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i downloaded from the martin lewis moneyexpert website. o no is it wrong?

 

i'm a bit crap with sending links in messages but will try and send you the link to the whole statement letter thingy

 

http://www.moneysavingexpert.com/redir/a510628b

 

i hope i've done that right!

 

think i may be getting the hang of this ... ;)...understanding i mean..not the links thing!

 

So basically i request that i add on another 8% of the total amount i'm claiming and then this accrues interest everyday til judgement and if successful, i'm assuming this will all be calculated at the end?

 

i'm going to go on the moneyclaim site tonight to do this..is it wuite easy to follow on there or is there a big chance i will bugger it up?

 

I understand its all about specific days notice and i haveto keep my eye on the dates etc

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Guest ChloeJane

Hi Again,

 

In all honesty, I personally am not a huge fan of the MCOL, however each person to their own. Old fashioned I guess and know the old way is always the better way.

 

You don't have to attend in person to file an N1 and can post it to the court, so it is no different than the MCOL, other than you don't view it online.

 

I tried the link you gave me, however couldn't get the document to work, but am sure someone else will be along to add to your thread in relation to the wording, to me its just not right!

 

I guess for me, I believe and and know of the CAG system and it works so to use another site, while the information may be just as good, the wording here I trust, the procedures understood and I think, why change a good thing when your on a winner!

 

So it is up to you what you do and which site you use for your information...

 

I know what I trust and the templates here and wording are unquestionable as you will see by those that have followed the process and won.

 

All the best with your claim - Money Claim online or N1 -

 

CJ

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hiya,

 

have taken your advise and used template from this site, although when i go to submit my claim, there is an error messge stating i have used & and in the text which i cant find! have you heard of this before? dont really want to submit with these errors..but i cant see hwere they are to rectify them!

 

Thanks again CJ you have been so helpful

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Guest ChloeJane

Hi !

 

I can't see where it would be? I have just gone back over money claim template and it does not show where the error may be, so my thought is perhaps go back over any changes or figures or amounts put in and recheck.

 

If I was honest....I would confuse you totally and say scrap Money claim and fill in the N1 which you can do online! Print off three copies and post it if you can't get to your local court!

 

However will not confuse you - suggest saving it and waiting for the morning to review or re searching for the possible error ...am sorry have not heard of it before....

 

Post back though!

 

CJ

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hi again!

 

I just did it! i went back and removed the brackets and replaced them with full stops and this seemed to work. the MCOL site states my will be submitted by 10am the next day so do i then wait 5 working days after that so the papers can be served, then 14 days after that, i can apply for judgement in my favour if mbna dont respond?

 

I need to pick your brain about something else if you dont mind...with my nationwide claim for £721.00, i'm curretnly at the stage where i have received a letter telling me they will not reimburse me so i have responded with the letter asking to pay up withing 14 days or i will take to court...I'm presuming they will want me to take it to court as i've heard nationwide generally does this...I digress, when i made my original request to nationwide it was without interest..if it goes to court can i then add the interest for each charge at this stage even though my original request was for charges without interest? I'm thinking what the hell now! i didn't ask for interest as i hoped they wouldn't close my account down but looks like they may go all the way anyway!

 

 

thanks again CJ

 

just editted to say is it 5 days or 5 working days that the papers are served? ta!

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