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Payme v Barclays Bank


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Hello all,

 

This is my first post, I have been looking and learning from the site for awhile and just taken my first step (requesting my statements).

 

I will keep this thread updated so that you can all monitor progress if your interested.

 

I have to say this site is very informative and has been of great help.

 

Does anyone know of/experienced the reprocussions of caliming i.e can the bank demand that you do not go over your agreed overdraft again or the account will be closed etc?

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Hi Payme and welcome!

 

The issue of claiming back unlawful charges imposed by your bank is entirely separate to any other agreements/arrangements you have with them.

 

They shouldn't let the fact that a customer is claiming affect in anyway the way they conduct business however there are instances where people have experienced a down turn in the relationship.

 

A bank is not allowed to withdraw any existing agreement or shut down an account based on a customer making a claim - this is unlawful and they can be taken to task for breaking (I believe) the Code of Banking.

 

Regards bank demanding that you don't go over you agreed overdraft limit, well they can refuse to honour payments and they can charge you unauthorised overdraft fees HOWEVER if you have historically incurred unlawful bank charges of x amount, then you can also claim back unaithorised O/D fees and interest where it can be shown that in the absence of the previous charges, you would not have gone overdrawn.

 

It's a bit of a rolling nightmare for the banks as they are continuing to add charges and interest to overdrafts etc and thereby creating a further claim.

 

Once someone wins their bank charges, they are well within their rights to make a second claim for the charges that occured after the filed in court though of course there is a school of thought that the courts could see them as serial litigants and be unsympathetic.

 

I would of course not encourage anyone to going on a spending spree and run up an unecessary deficit simply on the basis that they are counting on getting all the charges and interest reimbursed further along the line. None of us know the long term recommendations of the FOS and it would be entirely wrong to abuse the charge claim culture currently in force.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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