Basically it doesn't matter what you subsequently signed. If the Court takes the view that the charges are penalties, then they are unenforceable and the contract is unlawful regardless of how often the bank gets you to sign another deal. However if you prefer to stay with your bank, then you may have to try and come to some agreement with them. Something along the lines of...I am not prepared to pay your excessive charges, but I accept that I cannot continue to dispute them with impunity.As I don't want to change banks, I would like to come to an agreement over future charges. Come up with an acceptable rate, make it confid

I used my local branch's address. The paperwork will be forwarded to the right department anyway. Keep us posted!

No, I am not forced to have an account with my employer. Yes if I choose to get an account with them and we have fin diff, I could get sacked. However, i have a bank account with a high street bank. I get charged £39 every time I go overdrawn, have a direct debit or cheuque bounce and then on top of that I get an additonal charge of £28 for having an unauthorised overdraft. So why shouldn't I get the same help that you'll all getting, to get my money back? :-? As for having our own names displayed. if banks are watching, and they saw an employees name on this sight it would be instant dismisall. And yes I couldn't give to

Well, first of all, proceed with your claim for the refund of the charges. Secondly, if the debt or arrears is made up entirely, or mostly, of these charges then I believe you can write to them and tell them that the debt is in dispute. I'm sure someone with more knowledge of this can fill in the gaps for you here. But if they are threatening defualt notices, dispute the debt. That way they can't issue a default notice.

Hi all! Bookworm,what is the EXACT text you would like to look up?Please clarify so I may be able to help you further. If you are referring to the overpayments rules/laws,they were introduced a few years ago and mainly were designed to target owners that have large buildings divided into flats and/or bedsitters which normally have a high turnover of tenants and where the abuse of the old system was rife.I do not know what the exact law is called. My knowledge in landlord/tenant law stems from being a manager of a private block flats in the past,speaking to landlords about their experiences,personal reading due to my interest i

As BF has said you will get advance notice of the witness statement and you will be fully supported by this forum .It looks like bluff to me until such time as they produce a statement , in the unlikely even they do then please PM a mod to make us aware of it. I don't want to answer on if you are the first to recieve this as I , personally,have not been looking around the forum myself that much lately as have been to busy with all the new members but I am sure someone will come along and answer this for you soon. as for a 'real defence' there are no real defences to penalty charges . Please do not let this un nerve you in anyway a

hahahaha...... NOW I get it!! You are 100% correct! Most of the dots I have received have been grey! And thank you for that..it has now jumped to 118

99..But it has been at that for a while now. I know that people have thanked me and that number has not gone past 99

Received a letter today from Lloyds TSB, following my request to have my charges returned. [sometimes paraphrased.. where you can read between the lines] "when you become a customer you agree to the bank's terms and conditions...blah, blah, we give free banking if you behave yourself [and we don't make any money...pity poor us] (sob, sob), but encourage you to discuss any difficulties [even though we won't give a rat's ar*e ...and still charge you anyway]...blah, blah..." ...for one whole side of A4 trying to make out how right we are, "and you shouldn't go overdrawn, you naughty boy [even though it's happened only twice - by less than

A while back I asked about getting mortgage redemption fees back from Leeds and Holbeck (4800 pounds) - well thanks to all the advice I got from this site I wrote to Leeds and Holbeck and they agreed to refund all the fees minus the interest they lost out on for the 2 months (I was tied in for five years and cancelled the mortgage 2 months before this was up). All this was completed within 2 weeks and I'm just waiting for my check to be posted out!!! Thanks to all who gave me advice esp. robertxc whose quote I used in the letter to the bank. So anyone else with early redemption fees - try and get them back - I did!! Now I'm just

hi cheddar sorry for delay, found this The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 1.1.2003 to 17.04.2006 of £112.43 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.31. think it roughly forms the additional paragraph you need to add to claim the interest. not sure if you need the orange bit? my pc keeps crashing! hope its a start at least, there must be other examples out there? kate:)

It seems to have worked Barracad as i now have 3 replies to my question, as opposed to the 0 i had before i antagonised you.I was only trying to get a response on a new thread as i wasn't getting any advice on this one. Thanks for your advice anyway and i appreciate the work you guys are doing, just give me the answer i was hoping for rather than tell me off next time (only joking). Robbo

Not quite. The 8% interest is only claimed when you raise your court case. Use one of the template spreadsheets to enter your data into. One is simple, the other tries to estimate how much interest you have been charged on your penalty charges. This will then provide you with a basis of a report to attach to your claim listing full details including dates. This will then be your start to making your court claim and correctly calculating the 8% interest. If you don't have excel, I have the same using Works, so PM me for details if you need this. Which letter? It should be the preliminary request. Vamp.

Some advice would be helpful or is it just your job to keep me in line. Robbo

I suspect they're just a little busy

Well done you guys, i'm gonna call tomorrow, enough mucking about! Kate:rolleyes:

See Vampress spreadsheet in the library. If you go overdrawn the bank can lawfully charge you interest, but if you go overdrawn due to their charges, they will charge you interest on these charges and you can claim this back. The trouble is seperating out the interest which relates to the charges only. Vampress's spraedsheet helps you do this , but it is complex and often only amounts to a fairly small sum and so for simplicity some people don't bother.

I'm beginning to sound like a stuck record now but Recorded is a waste of time. What has probably happened is that if they have several items of recorded mail the postman gets them to sign just 1 slip. so chances are they have *probably* got it, it's also probable that they won't reply anyway:rolleyes: they ignored both my prelim and lba (even though it was in the same envelope with a letter they did reply to . If necessary *if* you were to get to court you can show you have made sufficient effort to resolve the matter, just keep your recorded delivery slip Hope that helps.

I always start counting the 6 years from the date of my preliminary letter

I'm not 100% sure but... N4B is probably using a slightly anachronistic term (dependant on if your property is registered or not)... The chances are your house doesn't have (or require) deeds anymore... What I think N4B probably means is removing the note on the register refering to the mortgage charge on the property... I doubt very much whether any banks physically hold the deeds any more and if they do it's only on a very small number of properties...

wow, someone using me as inspiration, i feel very special I would be very interested in the tatty envelope situation, as would my MP Saying that, have they arrived yet? I couldn't really see due to my bleary eyes... (fighting natwest AND the hayfever.....) right, enough hijacking....back to my own thread

I wouldn't advise it. If you do need to speak to your bank about anything, record the call. In fact it's good practice to record all calls you make to any company.

Why are you phoning the bank? Just send in the bailifs. You can contact the media when you know the date the bailifs are going in, but you'll have the money by then, or they'll apply for a set-aside - most probably. Good work, I hasten to add.

Hi and welcome to the site. Spend a couple of days reading the FAQ's (link in my signature) and browsing the site just so that you become familiarised with the process and what you are about to do. The process is in stages; 1 send Data Protection Act letter (in the library) to get a full listof all charges, you need to include a £10 cheque and the bank has 40 days to comply. 2 When you've added up your charges you send the Preliminary letter asking for your charges back, in this letter you give them 14 days to respond 3 If you dont get a satisfactory response you send the LBA (Letter Before Action) telling them that i

its up to you, it is a pretty good offer, and you wouldnt have to pay court costs either, however it is at the end of the day all your money, so its just preference, if you decide to continue with court action , you may reply to the letter saying thankyou for the offer of £xxx i accept this , however i shall still pursue the bank for the remainder (or words to that effect)

Apparently Barclays works as follows....... Out before in. For example If you go into your branch to pay a bill, and to deposit the cash to cover it, then the bill will only be paid if you already have sufficient funds in your account to cover it ! Debits are applied to your account before credits.

I disagree. Quote from OFT statement April 2006: Yes, the Court is the tribunal to decide. But how? If there isn't any evidence produced by the claimant or the defendant to indicate the true cost then the Court certainly will look at the OFT's guidelines, being the only evidence on which to make a decision. Merely addressing the Judge to the effect that you believe the charges to be unfair is not evidence that they are in fact, unfair. Yes I did read the whole statement. And more. So please don't jump on me for flagging up with potential claimants points they do need to think about in preparing a case.