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Hello FY. welcome to the site! No luck is needed, just a little work, and some knowledge (reading). If you get it right, you will get back your money! Keep us posted in the ltsb and hsbc forums Crusher

As you live in England, you can claim under Engllish law, which means amongst other things that you can claim up to £5000 in the small claims court. Good luck with your claim. Regards, Rooster.

Someone please tip my scales.........I feel like a VIRGIN !!!!

Welcome to the forum Unicross. Click my FAQS link below to get started, once you are ready to go, post a thread in the Barclays forum and we will all look forward to hearing your progress. Good Luck:)

Welcome! glad you saw the programme, lets hope it makes some people sit up and think! Please have a very good read of the faq etc, links in my signature and above, and take your time to take it all in. Keep us posted in the barclays forum! Crusher

i'm thinking maybe that 16 jul 04 for 1.75. go back to your statements and see if it has atm somehow identifying it. if so, guess you'll have to take it out of the breakdown. it's the only thing i can see that i think can possibly be an atm charge. so, reading back - i'd send a letter to that person saying i would accept as partial...(use template), adding i now require, xxx+xxxint+xxx court cost = totalxxxx to halt my claim. and to dg: i assume you've received your acknowledgment by now, right? if not, you will very shortly, and on pg 2 is the box where dg ticks "intend to defend fully". send a cover note and a breakdown to dg saying - please find enclosed my revised breakdown of charges and put the totals on again. on the breakdown, if you decide that the 1.75 is what the other letter is referring to, i'd be tempted to cross that charge off in red ink and subtract 1.75 from the total, i think i'd put in a star* by that charge and at the bottom put a * and then put £1.75 ATM charge inadvertently added, now removed. - how totally petty they are if they wrote a whole paragraph about a 1.75 charge. all clear?

You're right, how niave of me to suggest that the banks would be willing to pay £4m to just the members of this site who have filled out the questionairre. How niave of me to suggest that practically 100% of all claims brought against the banks are settled out of court for the full amount. How niave of me to suggest that even the most convincing of defences can be easily picked apart in an evening by a complete layperson with access to this site's resources (been there, got the t-shirt). Yep, you got me on this one, the banks really do appear to be beating us. If only we had some greedy company to charge us for doing exactly we could easily do ourselves, that would really send them running with their tails between their legs. Or perhaps it would make absolutely no difference whatsoever. I could have saved you considerable time and money there with a one sentence answer. "The banks will settle before the claim gets to Court". And I find it very funny that the banks resist even official regulatory body's attempts to sort this matter yet they will happily entertain the views of a small start-up company with no experience, authority or reputation. Made me chuckle for a few seconds anyway.

Its actually in the templates library under soundfiles, but here's a copy/paste of it from my bundle file;

Yes get it back from them as it is unlawful. You can go back 6 years you know, so how much have the bank taken from you, just £30? Welcome to the CAG and one of the first things you need to do is to read the FAQ's. Once you have digested it try reading the successful people who have not got back one charge but a lot more. When you have enough information then start a thread in the relevant bank thread and you will get all the help that you need. Good Luck and Welcome once again. Just re read it and saw you are in the right banks thread so please do the above re FAQ's and Nationwide successes. My brain seems to be deceiving me this evening

Reply to whoever sent the offer. Dear [named sender or Sirs] Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder. I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim. I trust this clarifies my position. Yours faithfully

Dear oh dear, Credit Management Services formally Insolvency and debt revovery department, you guys really need to to know the NatWest Archive system. Good old NatWest PLC system that recorded all the times when items are returned, when a marketing note was put on, when someone made an encashment in the early days. As I know and you know the banks may monitor sites like this so here is a message for them. STOP PLYING PEOPLE WITH FALSEHOODS IF YOU CANNOT BE ASKED TO TAKE 5 MINUTES AND PRINT OUT NOTES OF THE NATWEST ARCHIVE AND WHILE YOU ARE DOING THIS TRY ORDERING STATEMENTS AS WELL. NatWest PLC(no longer as many a person has lamented) started computerisation in 1991 so data should still be available back to the point in time. The agreements bit, possibly loan paperwork alas may well be unavailable due to the course of time when they would be kept, about 6 years but statements- read above. In relation to destroying statements I think another member who joined recently used to work in the statements, her name eludes me at the moment, but she uses the more blunter form of falsehoods. Statements were destroyed rather than sent out and to this day statements are still destroyed if the account is at Credit Management Services. That may be more helpful than NatWest are being. Bingo I said I knew the person it is Loristar

No not at all, you have to be prepared to go to court. The chances are almost none in fact i will bet my wages you wont see the inside of a court but you need to be prepared. They will complete their AQ and send it back, You will then get a court date. The will prob offer you 50%, Hold out for the full amount.

Oh yes!!! Luna try not to worry too much, it is very easy to become intimidated by the banks, that is what they are relying on.

If you accept their offer, you will not be able to go on and get the rest. The only way to get all your money back is to get a Court hearing date. Barclays will then pay up. A lot of people on this site are worried about going to court. The Banks use this fact to intimidate people into giving up. If somebody really did have to go to court and face Barclays - they would be swamped with offers of support. There are others on this site who would relish getting Barclays in Court ! Spotty

What research was this then? I think it is lacking in scope and accuracy. It is generally accepted throughout Europe that debtors pay for the cost of enforcement. I quote from a written recommendation in 2003 of The Committee of Ministers, who drafted the following under the terms of Article 15B of the Statute of the Council of Europe: "The necessary costs of enforcement should be generally borne by the defendant, notwithstanding the possibility that costs may be borne by other parties if they abuse the process".

Hello dont worry there is plenty of help and advice here. Ok firstly send this letter it will stop them taking your benefits. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html Ok once you are well read on the process send the SAR, you can hand delivery it to your branch if you like just to speed it up a bit. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Once you have the statements let me know.

Freepost RLTA-CSUE-TCHC Barclays Bank plc Head office customer relations 1 churchill place london e14 5hp Hi i sent all my correspondence to this address. Hope that helps. Regards Sandbag

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So many very valid points from everyone, that it's almost becoming difficult to keep focussed on it all. IMHO we should go back to making an application which is then followed by a properly formulated and regulated agreement being sent out, along with all the necessary additional documents. This would allow us to make an informed decision as to whether to continue. The current trend is to do everything online which is what has caused the signature to be negated in the new ammendments. Just like chip and pin this is going to become a major issue totally in favour of the lenders. Maybe it's time to create a new pressure group to lobby for common sense in regard to such important documents. The entire application/ acceptance process is becoming a grey area as the edges become more and more transparent and fuzzy.

It's OK MrP, I got it. Yep you've got that right. Mine shows £9.36, but yours has probably rounded it up. So you're spready is OK with regard to the Statutory 8%. Now- are you going to claim Contractual interest ?

Hi There is no AQ fee if claim is below £1500. Barty:)

They seemed to have changed tack and are now ticking No. That in itself doesn't stop you contacting them, but you no longer have the pretext of 'entering into a daialogue'

Yes it can't proceed without the paperwork. Unless they have supplied letter of assignation, signed true copy of the agreement and statements you can tell the court you do not want to waste their time and respectfully request a stay. They should not have brought proceedings without the papers. I'm in the same boat and just found this out with a response to another thread. No papers - no case.

Here is the POC http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html You attach the schedule of charges and send it to the court and the solicitor. To access your threads go into user cp and list subscriptions.

Yes

Hiya Yes your right, below is a letter for not accepting this offer: Your Address Their Address Date Dear Sir/Madam, Sort Code: ACCOUNT NUMBER: Your Reference: In response to your letter offering £xxxx as a goodwill gesture - your offer is accepted only as a partial repayment of the outstanding balance and I do not recognise it as a full and final settlement. Although I appreciate your offer, I would like to notify you that my request is for £xxxx I hope this matter can be resolved amicably and swiftly. Yours Faithfully (your name) Hope that helps, just copy & paste it & fill in your details

Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required. Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim. All the best in your claim!! Useful links to help with your claim FAQ’s http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Mcol Particulars of Claim http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

Great news on the Cap One front, we can't be that far away from a NW payout too.

muggins did ou send the the offical notice to stop processing your info? You could also try this Re: Formal notice to desist from processing or disclosing personal subject data Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 and Section 13.6, Banking Code. Further to your recent letter regarding notification of formal action Please note that this account is currently in dispute, and I have previously been engaging in formal correspondence regarding this matter with, Mr Mike Brophy, Head of Customer Relations, Barclays. Furthermore, his reply to my most recent letter dated 5 October 2006, will decide on my next course of action, which if the outcome is not positive will result in Court Action being taken against your bank. In light of this I am hereby, as per the date of the Royal Mail receipt on the envelop of this letter, withdrawing my permission for your organisation to continue to process and disclose any further information regarding me, my husband and the status of my account, to any external organisations. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Woolwich) to collate, process or distribute any other information unless there is express written permission from the data subject. Attached to this letter, is formal notification that this permission has now been withdrawn. In addition to the information above as per the Data Protection Act, I draw your attention to the following Statement from Section 13.6, Banking Code We may give information to credit reference agencies about the personal debts you owe us if: • you have fallen behind with your payments; • the amount owed is not in dispute; and • you have not made proposals we are satisfied with for repaying your debt, following our formal demand. As previously stated in this and my previous letter the amount for which you claiming is in dispute, and to continue to further process data from my account is in direct breach of the standards and codes laid down by the Banking Regulators. In this event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code. Yours sincerely, Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998. Data Subject Notice Louise James Woolwich Collection Centre Data Subject: Address: Whereas I have been a customer of Woolwich Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. Signed Good luck hun!!!

No it does not effect your claim, it is just a tactic to try and tempt you as Christmas is approaching. As long as you are sure your figures are correct stick to them. Which bank are you with and please stick to one thread I will get this moved and changed. They will pay the full amount in the end.

If you are asking for contractual interest you will not be able to use MCOL as it will not fit in the POC. You will need to use the N1. Executive Office Capital One PO Box 5281 Nottingham NG2 3HX

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours sincerely, Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim Dear Sir, (Your Name) -v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a copy of my schedule of charges relating to the above claim. Yours sincerely,

I dont view you with scepticism and chastise you for trying to help people, I do it for taking information and resources made freely available to you and then charging others for it rather than helping them for free in turn. You can play the honerable intentions card all you like, there are tens of thousands of us here who happily help each other and anyone else for free. I don't quite know what reaction you expect to get when you are so clearly trying to part people from their reclaimed money for reproduced information that you didn't even come up with yourself.

the general feeling with hsbc is you are ok to claim once - but on the second claim - they will probably close your accout. i'm sure i read of one where it happened on the first claim - but i think their were other issues. overdraft is not an issue - it's an hsbc fact of life. so stop worrying - read the newcomer info and just get stuck in. look at the survey totals - and look at the success threads for hsbc. literally hundreds of people have claimed and been successful by following the instructions. i'm just one of a long line of people who succeeded and stuck around to help out others, as i was helped. couple of months from now - you'll be doing the same. i know it's a bit daunting to begin with and a little scary - that's why we are all here. ask if you have specific questions after reading the newbie stuff. good to have you on board!

I'm pretty sure it was this number from the contact details thread Halifax have yet to respond to my letter, so it looks as if we can just start the process, at the end of the day the end result is the same they would still have to address the charge in Court.

Hi Jessica, Please read through the FAQ's but yes you do add the 8% interest at the MCOL stage. You claim for interest on each charge that was over your agreed OD limit or would have caused you to go over you limit, so basically if you deducted all the charges from your statements as they were applied my guess is that you would be still within your OD limit (well . . you could argue that) Have you used the spreadsheet in the library to calculate your charges total, if you do it will work out the interest for you. have a look at http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls

Hi Jon The LloydsTSB forum can be found here : http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ It's alot easier filing your claim online via the MCOL website. They will serve the papers and transfer the claim to your local County Court once a defence has been entered. If you haven't a debit or credit card then you will have to do it at your local County Court. Also, refrain from using words like "stolen". It libeous (is that spelt right?) and could have consequences for the site.

A couple of thoughts on this having been through the court process with Halifax and then received further charges on my account - CLOSING ACCOUNT - I`m sure that if this was tested in court it would be seen as retalitary action by the bank, this would not, I suggest, look very good to either the court or the Financial Ombudsman. ACCOUNT MANAGED RESPONSIBLY - The agreement to manage the account in a responsible manner is both the responsibility of the customer and the bank, and whilst going overdrawn is irisponsible, the applying of Penalty`s on the account would be viewed the same, and whilst we all agree to pay charges when we do wrong, they do need to be a fair representation of the costs incurred, otherwise they are a Penalty. I approached the Halifax Head Office for a 2nd refund, and was offered a partial refund, I`ve turned this down and said that if they are prepared to give a full refund, in return I would close my account (got parachute and Full Current Account to fall back on). If they don`t agree, I`ll file in court and increase their costs even further. We all need to understand that Bank Charges are a fact of life, at the end of the day the Banks provide a service which needs to be paid for, and if we go overdrawn we have to accept the fact that their will be a charge associated to that. What the banks need to understand is that a `Charge` needs to be a `Charge` that truly reflects their costs, not just a figure thats dreamt up in the boardroom to help satisfy their shareholders need to make a profit, and realisticly, that charge needs to be about £1-£2.50 Max and not £39 a hit as is the case with the Halifax.

You should be able to reclaim those charges that are penalties and have been overcharged. This will apply both to DLC and Citibank. If you read the FAQS on the first page of the CAG site, and read all the info. including the step by step guide you will find out how to reclaim your bank charges. You will find during your search, a letter called a CCA request which you can send to DCL along with £1 and that should give you a breakdown of the charges applied by them. Until they respond, you are in dispute with them and they cannot enforce payment of the debt. Once you have got back the unlawful charges from the bank and the DCL, you will be in a better position to see how much the outstanding balance is. Included in the info from your bank will be a copy of their terms and conditions so you can check up on DCL in that way too.

I personally wouldn't wait until the 40 days are up. Here is a letter GaryH passed on to me for my Lloyds claim: (THEIR ADDRESS) (DATE) Dear Sir/Madam, ACCOUNT NUMBER: ********** You have, to date, failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated (**/**/**), was sent to (THE ADDRESS YOU SENT IT) by first class (recorded) delivery on (**/**/**), along with a cheque for the statutory maximum fee of £10. Please find a copy of the Subject Access Request enclosed with this letter (along with a copy of the proof of postage). The 40 days allowed for compliance will expire on (**/**/**). As a reputable and esteemed organisation, I trust that you take your legal responsibilities seriously and that you intend to fully honour your obligation to provide me with the information that I have requested, within the required period. However, I wish to make clear that should you fail to comply, or fail to comply in full, I will seek a court order under section 7 and 15(2) of the Data Protection Act 1998, obliging you to do so, together with damages at the discretion of the court. Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority. Yours Faithfully (YOU) Hope this helps. If the 40 days run out let me know and I will give you another letter to send (also from GaryH - he's very helpful!!)

HTH Glenn

Right. All done and dusted!!! Have been away for a few days, but I had an offer from HSBC/DG solicitors the day before I left (Sat 25th), which I accepted. Stupidly, I didn't delete the confidentiality clause, so can't disclose details, but I am v. happy. It was credited to my account on the 27th. :D How do I get this thread moved to the won/settled section?? I'll be making a donation to the site and a HUGE thanks to everyone that has helped me out. It can be a very trying and stressful experience dealing with these corporate big boys, but to see so many people getting back what they're owed spurred me along! It does prove that patience will be rewarded!! Merry Christmas and a Happy New Year to you all. Sarah x

Hi Noel you need to set up a thread in the relevant bank forum so that we can help you with your claim as it progresses. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html these spreadsheets are very useful, just input the information it asks for,and job is one for calculating the debit interest you have been charged on the charges. N.B DO NOT try and claim the 8% court interest until you issue proceedings. Good luck

Well i think it might be around £3000, give or take a grand..! (im hoping) But i have read everything i can until it all merged together, but by the looks of it we cant go wrong with all the help on here.

Hello everyone I've just been reading about reclaiming bank charges on MoneySavingExpert.com ad-free, free to use, Consumer Revenge! and they highly recommended this forum for advice and letter templates. It looks like there are a few disgruntled customers on here. I'm glad I'm not the only one. Lets show these banks that we're not going to take their extortionate charges any longer!!

Hi I have sent SARS for 5 accounts to the relevant credit companies and banks, to date not one of them has given me full information for the past 6 years. Barclaycard say I can pay £3 a sheet because its on microfishe, but Lloyds and Halifax have just sent incomplete information. They have all cashed the £10.00 fee !! What do I do next ?? Thanks:confused:

how do i get all my charges for last 6years of the bank ?

Thanks Michael, much appreciated. Looking forward to getting the ball rolling. Great website, thanks to everyone who's contributed and shared thier battles!

You would loose a load asi have previouly said.You should look at your statement and see how much they are charging you a month,this may vary .If it is say (as mine is) 0.79% per month then £35 x 0.79% x 12 months would be £3.32,put this in a seperate column and add the total.I did my own spread sheet viz; 04/12/00 charge for item returned unpaid £25 interest 0.79% pm x70=£13.82 21/12/00 charge for unauthorised overdraft £20 " " pmx69=£9.66 etc etc to the present day Total charges here Total interest here Grand Total: add charges + interest=figure here Flopin easy but takes ages(buy a calculator!),its your money remember If it helps click the scales