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Advice needed please


hoolio03
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Hi guys, this is my first posting since saying hello, so thought id give an update and also ask for some advice on some things. Calculated fees for past six years after req. all info from B's. Sent them initial letter asking for fees back using the template which gave them 14 days to resp. Got the standard arrogant "whatever" letter from them so sent LBA and recieved another similar up yours response 14 days later. So it looks like court.

 

Have researched your site thoroughly and bought the Small Claims Kit from Lawpack and also completed the schedule of charges using your spreadsheet template. However my overdraft facility was £2000 and changed it to £2500 3 months ago in a desperate attempt to stop these bloody fees! So how do i enter that on the spreadsheet for an accurate calculation of interest? Also, on my statements it says an overdraft of £0-£100 is interest free, £100-£2500 @0.79% and £2500+ @2.05%. Should i bother with these details or just leave it and just claim the 8% on its own?

 

Secondly, can i claim fees up until the point of issuing B's a summons, or is it just up until the point when i sent them the initial letter requesting repayment?

 

After the calculation is done i can then go about filling in my N1 form and trotting down to the local County Court. Thought about doing it online but want to gauge reaction of the court staff about these types of cases!

 

Your help is really appreciated guys,

 

cheers, hoolio.

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Hi Hoolio

 

If you have entered into a signed overdraft Agreement, I believe that you cannot claim back the fees associated with it however if the only reason your account is in a deficit state is as a result of accumulated unlawful charges, you can claim the back charges, the overdraft interest caused by them and (when you file in court) the additional 8%.

 

I understand what you are saying however it is entirely negated if, as I understand it, your account has been overdrawn (and thus relying on an overdrfat facility) as a sole result of bank charges.

 

If you have at least the amount in charges equal to the amount by which you have been in the red, then all the interest you have been charged is recoverable as part of this claim.

 

You can keep adding charges & overdraft interest up to point of filing your claim with the court - Barclays may try to quibble when it comes to settlement but as long as they know you'll just start a fresh claim if they don't, they'll do with you as they have with those before you, and concede that it's more cost effective to settle all of them in one go.

 

We urge you to do it at your local county court and not MCOL. The court staff don't have an opinion on it that you will get to see even if they're fed up to the back teeth of bank charge claims. They get paid 9-5 regardless and some may actually be thankful for the overtime it's giving them.

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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Superb Welshcakes, thankyou kindly.

 

The total fees charged amount to about 3/4 of what i am in the red, but these charges on the whole would not have been applied if B's didnt take 30 quid a pop out of my account in the first place!

 

Thanks again and will post an update after submitting N1 at court.

 

Cheers, hoolio.

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Hoolio,

I've always found the court staff to be very helpful. Not always as well informed as some on this site, but helpful nonetheless.

 

Like the Judges, they are expected to be neutral in all cases.

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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The Lady who took my claim today was very nice ... told me it would be issued today and deemed served wednesday :D

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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