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Desperately seeking....Can you claim overdraft fees?


MJay69
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My son is a skilled tradesman who is paid weekly. He was with TSB which eventually became Lloyds TSB. This bank has done some outrageous things over the years (e.g. charging the same amount as the 'bounced' SO or DD... £64 on one occasion; defaulting a payment hours before his pay went in etc). The charges were such that for a period he could not break the cycle and the banks actions were making this impossible. As soon as I heard about claiming back charges, he moved his current account and I set about the business. The Court hearing is now set for mid June.

I have been contacted by the banks solicitors asking for a "breakdown" (already sent), noting ‘discrepancies’ (true, I had omitted an amount of £55 and managed to (gulp) get the total wrong somehow... about £500 more than originally stated). I had just got the bundle ready for the post (copied to the court) when I heard about the judges decision last Tuesday.

I have been trying to get my son's overdraft "fees" back - as well as the penalties for unpaid direct debits & standing orders. These "fees" varied frequently and jumped up and down between £6 / £12 / £15 & £27.50 sometimes changing several times in a matter of months. Can I claim these so called "fees" or are they not covered?

I have also tried to claim back to 1996 under s.32 (1) (b) of The Limitation Act 1980 – on the grounds that basically if they are acting illegally in last six years therefore they were acting illegally from the start.....

If the whole claim and interest was repaid, it would be about £3500, a 'life-changing' amount to my son at the moment..... Worse still, I cannot be at the Court hearing and I know he would not fare well in the witness box.....

I feel 'frozen' with fear that I might blow it for him and just don't know whether to

(a) send the amended (higher) schedule of costs to their solicitor and copy to the court (b) ignore the solicitors letter completely but send the amended schedule of costs to the court

© take out all the 'overdraft fees' and / or only claim for last six years

(d) climb under my duvet, sleep until July and pretend I've never heard of getting bank charges back.....

Any help or advice at all would be appreciated…….. Soon please……… That duvet is looking better by the minute…

In despair……… Mary

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