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Well, 2 bits of news. 1st off the Nat West has responded with my statements back to April 2001 and a letter stating that when I have identified the charges to return the statements. Interesting it only took 2 weeks to get them.
We'll see what happens when the statements go back.
The 2nd bit of news I heard on the radio at 4:30 this afternoon, that Lloyds /TSB have won a court case for charges! I will try and find a news link and post
Right here: BBC NEWS | Business | Bank's overdraft charges upheld
And here's a summary of the judgement: http://img.thisismoney.co.uk/docs/Summary.pdf
Basically what happened is the Judge didn't understand that the charges are a breach of contract and made his judgement based on that.
Not to worry as there are some SERIOUS minds on this case now, it WILL be appealed.
The appeal goes straight to the HIGH COURT and as such FULL disclosure is assured.
DON'T panic WE will win through.
Basically this was a standard LTSB defence that has been distroyed many times in the past. Also the lower courts cannot set a precedent.
After a load of digging and a follow up on BBC (BBC NEWS | Business | Was the bank victory an accident?) it's seems tha the judge was concerntrating on the breach of contract angel.
Unfourtunatly when asked, by the judge, if exceeding your agreed overdraft was considered a breach the person answered NO when he should have said YES.
I suppose that pride over took him and he didn't want to admit to any wrong doing.
Really this case should never of gone before the judge in the first place as SC&M (LTSB's lawyers aka SCaM) didn't even turn up!
The upshot of this is it could become the test case we have all been waiting for, which of course the banks have been trying to avoid at all costs.
Forget Tom Brennen, this is where the action is.
Small Town Joe (or Kev in this case) Takes On The Banks In High Court!
Well I've got some great news, Natwest have just written back to me and awarded me everything I asked for (£1400) without so much as a fight, just had to wait for a while!
I'm chuffed to bits!
And apparently RBS have sent me a letter this week too! Nice!
Keep up the good fight people!
Nice one Hunter.
I happy for you.
Well my "request" is happily winging its way to LTSB, I wonder what their response will be.
Should be interesting as I'm going for 10 years with contractual interest on top.
Hey if you're going to claim then make it a doosy ;)
Update: LBA letter has gone in claiming some £1200 including interest from NatWest. Fingers crossed, that's next years holiday to US and Australia.
Legend!
Natwest paid my money into my bank on Tuesday! Spend, spend, spend!
I'm just waiting on my RBS settlement letter now! Woop!
Well I have a few more days before I can LBA LTSB, still waiting on my BogOff letter from them.
Should be interestig, but knowing me they won't of read my claim at all and I'll just get a template job.
Woohoo! RBS have just settled with me, and for the full amount! Happy Days!
The Milky Bars are on me! Lol!
*Takes Hunter Out The Back For A Good Shoeing*
:(:(:(
I'm still fighting with mine and you guys are getting settled already.
Sorry Curly!
I've had to wait quite some time though, I requested my statements at the start of March, and my first request letter went out at the end of March, so that's 3 months from start to finish!
Still worth it though!
Dude,
I requested my statements start of FEB!!
OK so my claim is a lot more involved with 10 years and CCI, but even so :(:(
Now this is starting to get a little silly:
BBC NEWS | Business | More bank cases face strike out
What is this person thinking.
We so need a test case so the whole thing can be completely settled once and for all.
I must admit to being slightly concerned as I'm taking on LTSB, but I have already told them that I don't agree with their assessment that their cahrges are for a service and not penaltys.
I've looked back on some old T&C's and they state that these charges are to cover the extra work involved, so your teling me it costs £30 to increase my overdraft??
If that's the case I'm in the wrong line of work, as that would be a few thousand pounds a hour pay, almost up there with lawyers ;)
This morning my son has received 970.00 GBP from the Natwest no fuss or hassle. Followed the usual sequence DPA, LBA and got his money. Good for him! The least he can do is buy me a beer!
My own LBA has been acknowledged by the bank so we'll see what happens in the next week or so!
Woohooo! Congratulations! *cheers*
Did Natwest respond at all during that claim?
Yes, with the usual "Thank you for your letter of the ....blah blah, Regards Charges Referral Team" with some obscure squiggle at the bottom. Very efficient of the bank, if they were to be charging me the standard letter, it has cost them £60 on top of what I'm claiming... nice
See, they didn't respond to me AT ALL until they said 'Hey, do you want everything you've asked for?'
Must be a glitch in the Matrix!
:(:(
Don't lose faith CB, you'll get your money, just be patient!
LOL, I know.
Hey well it's only one claim I have going, saying that all the others are taking their sweet time too.
So looks like I maybe very busy at my local court in the very near future.
"I find your lack of faith disturbing young skywalker!"
The banks are losing this particular battle, can only hope they lose the war!
Had reply from bank, they are prepared to pay the excess charges but no interest. Good enough for me! Another battle the banks have lost.
Excellent news colbtech! Spot on!
You guys are getting all the easy ones.
Hey ho to LTSB and court I go ;)
Has anybody hit the credit card companies about charges yet? Does the same rule apply to them?
Funny you should ask as I'm just about to MCOL Cap1 and B'card.
Yes the process is the same, but slightly easier thanks to the OFT's report from April 2006 about charges.
You'll be offered the difference between the old charge and the new one, but don't buckle and you get it all back.
Now the nice thing about cards is the fact that you signed a detailed contract, so claiming the charges PLUS interest is a lot easier.
Just get your usual templates and adjust as needed.
Also don't forget NOT to limit your claim to just 6 years, go for the whole time you have held the card.
The charges are normally Over Limit and Late Payment, annual fees and cash advance fees cannot be claimed.
If you have some spare time here's the OFT's report: The Office of Fair Trading: Calculating fair default charges in credit card contracts (April 2006)
God, I'm really slacking on this, got a load of other stuff on the go.
Anyway received this morning a nice letter from LTSB saying the usual stuff and we'll give you £750 to go away.
Hmm seems nice of them, but that's a third of what they owe me.
Oh well time for another letter and see if I can get them to up their offer.
Compromise letter slways looks good in front of the courts ;)
A third? That's insane! You tell 'em CB!
The £750 offer from LTSB seems to be pretty much the norm from these people as an opener.
Bsically I'm being really lazy with this one, as I'm not inclined to push too much as I do actually like banking with them, that nad the fact my whole claim is for 10 years WITH compound contractual interest on top ;)
That and I can't be bothered to try and find another account and then go through all the hassel of setting everything up again.
Well just checked my account online and what do I find
Gee that was nice of them, oh well time for a thamks for the part payment, but see you in court letter ;)Quote:
Originally Posted by LTSB Acc
Ha ha, the cheeky barstewards! I've heard a couple of people say that some banks have done this! It's unbelievable!
WoW big developments afoot: BBC NEWS | Business | Banks agree to charges test case
Well a slight update.
Due to the OFT test case my Bank claims are on hold, but that hasn't stopped me going for credit card charges.
Received in the post a nice cheque from capital 1 for charges from 5 years ago, just over £850 ;)
Admittedly I did have to file at court, but they came back with the dosh after 3 weeks.
It's all good.:D
Can anyone help me in how to go through the prosses of claiming back my back charges I've been told I need to get the last 6 years of bank statements?
Lez, gald to see you have arrived with the winning side rather than progressing with a claim company.
As I mentioned earlier the whole process is really straight forward.
The best letters I have found and personally used are available here: Bank Templates Library - The Consumer Forums
You need to be a member, but don't worry as it's free.
Start with letter #1.
This is the request for transaction information from your bank.
Don't limit yourself to 6 years, ask for everything as under the Data Protection Act they must comply with ALL the information that they hold.
Great thread! Can't it be made a sticky?
Like that ;)
"Like that"
Sorry, was it one already and I missed it?
Or have you just made it one?
I have a few friends checking it out that's why I said.
Just stickyed it ;)
If your friends need any help, feel free to shout.
I will thank you.
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