Yep, completely agree. I guess the key is what Explorer is happy with at the end of the day. That said, there's absolutely no doubt that the NatWest interest charged on the panalties can be recovered. Natwest will roll over. Agree too that it's less clear-cut on contractual interest. I'm trying to decide myself at the mo whether to go for it. (Contractual in my case is >£10k)

Hang on a minute, Hedgey. I may be misunderstanding things here, but as I read it Explorer is simply being offered a refund of the charges themselves. He has every right to also require a refund of any interest that he has been charged on those penalties. He doesn't have to accept a refund simply because it refunds the principle. The interest has been charged unlawfully too. That can be recovered as well if explorer wants to.....Or am I missing something here?

I've now used the MCOL route to recover 5 lots of charges and each time I've thought how easy this process is. Can you imagine the whole anti-bank charges movement even existing without this online facility? The next time you listen to some moaning minnie down the pub telling you how 'Britain is going to the dogs', perhaps you could remind them of how this public sector driven tool has enabled Joe Public to fight some of the most powerful financial institutions in the world on a level playing field - and win! They even refunded my fee when I [edit] up my claim! God bless 'em I say!!

Thanks for that, Mike. I've spent the last few hours cursing Natwest. I sold a business in a hurry a couple of years ago, the reason being shortage of funds. Now if I'd not had these [edit] [edit]my money things may have been different..........

Hi All, Just finished my spreadsheet for my personal account and I'm looking at the total in some suprise. It's over 12k after interest is added. I've had success in all of my other reclaim fights, but this will be the first that I can't use the Small Claims/MCOL track. I've completed the request for refund which I'm sending off in the normal way and will issue the letter before action too. However I can't find any instructions re the County Court route for the bigger claims. Can anyone point me to the right thread please. Wish me luck......

That's it. Under the law they are only entitled to recover actual costs arising out of the breach. They are not allowed to'fine' people for the breach. They therefore have to show either that their actual costs do come to £30 (or whatever), show what their real costs are and refund the difference...or do neither and refund the lot. At the moment the OFT seem to be handing them a bit of cover to hide behind by suggesting that anything over £12 is excessive. BUT that doesn't take precidence over the law, even if the banks try to hide behind it.

What gets my goat in all of this is the role of the OFT. I know they haven't declared their hand yet, that they don't have any juristiction in law etc etc, BUT what they do is help create the atmosphere that intimidates the general public into feeling too unsure of their ground to take these bullies on, even if it means getting thousands of their own money back. Their true position should be to ensure that banks conduct themselves in a fair manner. Instead too often they sound like the banks have a hand up their back and are working them from offstage!

Interestingly my claim against Amex (in the past one of the more amenable companies apparently) has met with the £12 cap argument. Naturally I'll MCOL it and get the rest back, but it does show that the banks will all attempt to hide behind whatever tripe they can given the chance. The OFT 'cap' allows them a chance to try a part settlement, in the confident expectation that claimants will break down with tears of gratitude for having got anything out of them. What [edit] me off is that the tone of MSE site is such that they almost seem to encourage this. Different here though - this is hardcore reclaiming! The only thing that is keeping the banks awake at night I guess, is a court ruling that they should repay all unlawful amounts charged, whether claimed for by individuals or not. The current level of repayments is small change to the banks. If a blanket action were to be successful they may not be so happy. Mod note. Please to not deliberately avoid the swear filter

Interestingly my experience with Amex, while better than the others I've claimed off (successfully) is not quite as positive. I've paid off the balances and closed both of my cards with them, but claimed an amount in excess of a grand for charges raised. Their response has been to quote their actions respect of current customers - reducing their charges to the OFT recommended amount, and have refunded me the difference, plus some interest - less than half what they actaully owe me. I've pointed out that what they arrange to charge customers in the future is irrelevant to me as my account with them is closed, as well as highlighting that any recommendation made by the OFT doesn't remove their obligation to comply with the law Naturally my MCOL claim has gone in for the balance. (I accepted the amount paid in part payment and declared my wish for the balance to be refunded.) They have a better telephone manner at Amex, but haven't wavered from this line when I've spoken to them....So this is a delay in payment I guess.

Couple of thoughts based on how things panned out for me. Has the period set by the court (detailed in the letter they sent you) expired? If so it may be worth giving IF a call 'just to check that they are aware of the deadline and to confirm that they intend to dispute the claim'. Then you can issue the warrant. My bet, unless they have changed their policy, is that they have simply made a mistake. To answer your question loads and loads of people have issued warrants. It's just the next stage in the process

If they run true to form you should be getting some cash in your account in the next day or two. Halifax seem to run every deadline down to the wire then cave in at the last possible moment. (They did that with me earlier this week, when they paid at the last minute).

Hi I was repaid my full amount by IF today and they did the same as with you - acknowledged the claim on the last possible day - sadly they also waited till the bitter end before settling. But settle they did. In full.

Can a mod please change the title and move this thread to the successes folder please. Thanks

Big day today.......All of the money reclaimed from IF reappeared in my bank account this morning (>£2,600). Which was nice........ For all those contemplating trying this out, it really isn't difficult. My experience was that the only real pressure in the process came from me alone when I started anticipating getting the money. The thing that adds to the pressure is that we expect these things to be quick. It won't be. Set the process running and make yourself diary notes. Then forget about it in the interim. My process was, I reckon, about as long as it is possible to make it, time-wise if the bank wants to drag it out. My first request for information was sent on the 4th September. I received my cash this morning, 20th December. In all cases the process was run down to the wire in terms of acknowledging the request for info and the MCOL process. The money was received the day on which I was due to default the bank and call the bailiffs. I always replied by return or took the process to the next stage without delay. btw despite my first post I used all the standard templates rigidly and without exception. Another small point. I believe it is a mistake to think that the banks are panicking or are running scared on this matter. Yes there is potentially £2bn at stake here, but when you split that amount across the UK clearing banks and the various credit card institutions the balance for the individual firms, while worth fighting for will not cause undue alarm if lost ( I speak as an ex City Treasury manager). The banks will drag it out because if nothing else their funds under investment will remain unaffected for longer. In other words go for it....go for all of it. Stay resolute. You will win. Now I'm off to start my Christmas shopping....

Question for those in the know........ I've submitted my MCOL stuff and had the Notice of Issue back. However Hbos (trading as IF) have not communicated anything to anybody. No acknowledgement..... dispute....nothing. The deadline for a reply is only a few days away. I know that if they do nothing then I ask the court to enter judgement, BUT my question to anyone who's had this experience is this. What's the quickest most pragmatic means of getting the money into my account? Contact Halifax and suggest they get their act together or go through the court? I have read elsewhere in here (but can't find the thread!)that getting a judgement through the courts can mean that the Halifax plead incompetence and get more time. I'm not worried about the claim itself, just trying to get to the end point in the shortest time possible! (Christmas is coming)

Thanks for that - could do with the cash for Christmas!

I'm counting down the days till I get to submit the court-based stuff

So, like others dealing with IF I didn't have long to wait before the standard rejection letter which arrived this morning. (A three day wait) So, back to the library for the next letter which will be off in the post today....

Got my schedule of charges and have totted them up and added the interest. (Total = >£2k). Used the standard letter and spreadsheet and have sent off the repayment request today.....now the wait!

Had an interesting chat with IF customer relations today. I called them to point out (In a friendly manner) that they had yet to respond to my information request and that they had 10 days left before they contravened the relevent DP rules... I was called back 10 minutes later by somebody who was 'just collating the information now' She asked me if I would prefer the charges to be listed with dates and amounts etc, Or whether I would rather a copy of my statements. She said ' I can't understand why anybody doing this asks for the statements as we charge the £10 for those, but if we have to arrange a special report we do that for free (!!). She then said 'Obviously when I send you the report you'll be able to claim the refund easier won't you' 'Um yes' I replied. Keep you posted.......

Thanks for that Miss Pickles. As luck would have it I had not posted the letter because I couldn't find my chequebook for the £10 cheque. No harm done! I will definitely use the standard letter. I just let my enthusiasm get the better of me and being male and working in IT, reading instructions just doesn't come naturally to me! Thanks for your help. I'll take it slower from now on

I'm sure this is back in the Forum somewhere but I haven't found it so far...... I would dearly love to take on my credit card companies as I have £££'s to reclaim. Problem is this. I also have loads still owing on the cards, which will not be paid off by the amount of money I might win. My nightmare scenario is that I start the process with (say) Egg. I currently have a large balance (£10k ish) outstanding on the card mainly comprising purchases. The moment I start the dispute they withdraw the card and demand full repayment of the entire outstanding balance. I can't do that so they issue a default notice...bankruptcy.....disaster! This must be a very common circumstance. What advice/experience has anyone got?

I'm starting the recovery process today.....I've had enough and I'm not going to take it anymore!....Thought it might help others if I copied my letters/replies etc. If they work great, if not well you may not repeat my mistakes! Here's my first letter asking for the info... 31st August 2006 The Customer Relations Manager Intelligent Finance I Baird Rd Kirkton Campus Livingston EH54 7AZ Dear Sir/Madam Account 8888888888888 Account Holders Mr Sickofbanks Please send us a comprehensive list of all the charges that you have made to our account in the past six years, showing the date and amount of each charge, and a description of what it was for. We make this request using our rights under the Data Protection Act and expect your response within 40 days. We have enclosed a cheque for £10 as payment for this request. As you are aware this is the maximum charge that can be levied under the terms of the Data Protection Act 1998. Please note specifically that I am not requiring copy statements, but the listing as described above. Yours Faithfully I'll keep you posted. Meanwhile if the old hands spot any errors perleeeze tell me! What a great site this is!