Reclaiming Cascading Bank Charges

[adridude]

Hey Guys,

 

At the moment, I'm going through the motions of getting my bank charges back, but things seemed to have turned sour. The banks have since sent my details to a DCA who in turn passed them on to County Court

 

Im pretty annoyed about this, and would really like to find out if there is anyone here in Nottingham other than CCCS (who recon bank charges are legal ) and CAB (because the waiting list is 2 months )

 

I know there is a court buddy finder on the B.A.G. part of the C.A.G. website, but the sending mail feature barfs out a MySQL error (which someone really needs to debug).

 

If anyone can offer some help, I would appreciate it, also bear in mind that I am willing to pay a fee if I have to (not too much tho, I'm poor :grin:)

 

Thanks

 

Adrian

[NitrousOxide]

Debt collector or Bailliff? Have you got a CCJ that you haven't paid as this is the only point in time a bailliff would get used.

[adridude]

no but Im just about to get CCJ'd

so I'm fighting like hell to get this process through before the CCj comes through.

Though.. legally speaking, the banks have to remove this 'black mark' on the credit record when I win

[Tigs33]

Sorry to hear about your problems Adrian. My understanding of the Court system is that as long as you provide an accurate picture of your income and outgoings that the court will only ask you to pay what you can afford. Is the debt for a lot of money? I would make sure you are paying the DCA something, even if it is a nominal amount as this will look better in court.

 

I have some of the Citizens Advice Bureau letters and income and expenditure sheets if this will help you. Just PM me.

[adridude]

Hi Guys,

 

After I sort the banks out about their evil charges etc... Is there anything further I can do about the offspins that they caused me?

some of them being:

- Having to move out of homes

- Being Homeless for a few days

- Being clinically depressed

- Losing jobs because the above

 

This all started when my account began shooting into the minus because of charges.

 

Can I claim anything else?

 

Sorry, I've only been in the UK, and I didnt even realise that I could stand up against the bank till now.

 

Just wondering if I can defend my last few years of hell.

 

Cheers

 

Adrian

[Guest Lueeze]

Well unless you can prove the charges directly caused attempted suicide ect by doctors psychological reports then it is extremly difficult to prove suffering.

 

I have been where you have believe me and I would not even try to claim for this myself. I just have to think Im well now and to get on with life trying not to dwell on the past if you know what I mean.

 

Lots have asked this question so far I dont think anyone has tried to claim suffering.

 

have a think it may take alot of paperwork and reasearch if you want to go ahead.

 

Lou xx

[Guest Zooman]

stop worrying just fill out the budget sheet that came with the claim and make an offer of payment the court grants them 100% off the time as long as you keep up with payments you will never see a bailiff.

 

As a foot note I helped someone do this a few months ago CCJ of 4,500 at £40 a month this was granted. Thats 9 years.

 

adridude said:

the banks have to remove this 'black mark' on the credit record when I win

 

Hang on a second who is taking you to court a bank?

did you countersue for bank charges?

 

If this is what I think it is.

 

Form N9 acknowledgment of service and notice to defend (a counterclaim is a defence). Do this tonight and fax it to the courts if time is running out. If the claim against you is online do this online.

 

Form N9A (admission form this asks for time to pay).

 

Form N9B (defence form including counterclaim).

[adridude]

i reckon that i can win this, its nore this rift that it caused between my parents and me (theyre pretty old fashioned) and they reckon that I can survive as a single living alone, working in it etc... its hard, we';ve all been there and are suffering.

 

I unfortunately have been through the pitts, and sometimes worse. i dont have to pay, nor does my family or anyone I know. It was purely to debt. I remember police asking me if debt was that bad that I ahd to hurt myself...

 

Surely I can do something about that??

 

see ya

 

xx adrian

[adridude]

zooman, i didnt get anythign from them??? All I got was:

 

1) a leter asking me for payment

2) I called them, and told them that I'm not happy

3) I got another letter of warning of non payment

4) then the CCJ, warning when I called THEM up, they didnt notify me??? in regards to your first defence, what do I do?

 

 

they didnt like the idea that I called S.10 of the DPA, and totally denied it saying that it was out of their hands as it was now in the hands of the county court.

 

I asked them.. what happens if I pay up, they said that they can call up the County Courts and cancel.

 

I told them that a good idea was to call the up and tell them that they were in breach of teh DPA, based on my execution of s.10, and they then claimed that they couldnt.

 

Were they ignoring my rights?

or was the call center person just playing hard as they usually do claiming debts?

 

As far as I'm concerned, because he represents the company, he should know the legislation... (which I know thanks to you lot!)

[adridude]

its not about debt, as far as I knw now, its about what the bank owes me for screwing me for what I have (i.e. unfair charges!!!)

[adridude]

all £1400 opf their charges.

 

both 700 from HSBC and more or less the same from Lloyds!

[Guest Zooman]

Sorry for the edit I misread.

 

Don't worry we will sort this to your benefit together.

 

Can you take a min for Q&A

1. Are you claiming penatly charges if so how much?

2. How much are they claming (without costs)?

3. What is the debt for?

4. What payments if any have you made towards the debt and when?

[clayts]

Hang on a tick - have you informed the DCA that the debt is in dispute ? If not, they need to be told quickly.

 

Are you sure they are actually taking you to court (ie do you have a date ?) ? Most DCAs threaten until they're blue in the face but rarely mean it.

 

P.S. I'm in Nottingham - feel free to PM me. I've seen many DCA letters, 99% of which are sheer ploppy-poos

[adridude]

why should I pay for a CCj when the whole debt is due to bank charges? literally 100% of it!

 

1) charges are literally £800 odd, but thats my entire debt with them!

 

2) they're claiming £200 of the refinance which they made me take out to keep my account open.

This is arrears which I refuse to pay on grounds knowing that I'm being charged interest, on overdraft interest, on charges which are illegal i.e. unproportionate penalties

 

3) debt = the penalties, those nasty 30 to 35 pound charges for cheque bounces etc...

 

4) towards the refinance nothing, towards the actual minus value, I've been struggline for ages, it was my salary bank account. even as bad as having lost £200 to charges because someone put some cheques through about 10 times in 3 days!!! I was charged for all of that!

[Guest Zooman]

Easy wait for the forms and contersue for £800 that will upset them and also defend the £200 claimed on the grouds they are pleantly charges.

 

:D:DWIN WIN:D:D:D

[adridude]

what grounds do I have on sueing them for £800? Would that be for the ignoring the DPA?

[adridude]

At the moment, my Lloyds account it with a DCA at the moment due to me not paying a refinance on £700 which my account was in the red.

 

Lloyds owe me £700+ for charges, so I didnt really have to take the refinance out.

 

They sent my details to a DCA, so I sent Lloyds the s10 Data Protection Act letter, and told them to stop processing my data as it is causing me undue distress.

 

The DCA contacted me, and I told them that the account they had was in dispute, and that I shouldnt have to talk to them anyway due to the s.10 DPA letter.

 

They said they will only put my account on hold if I send them all the letters I sent Lloyds TSB.

 

Question: now wouldn't this be me breaching my own calling of s.10 of the data protection act? Shouldnt lloyds contact the DCA themselves and tell them to return the account?

I'm scared that if I do send the letters, that Lloyds will turn around and say 'well you obviously dont care about the DPA as you are talking to the DCA yourself, whereas you asked us to stop processing data with them'

[Guest Zooman]

Q and A reply #1

 

1) charges are literally £800 odd, but that's my entire debt with them!

You can counter sue them for the penalty charges, they will have to enter all statements into court to rebut your argument. We can make this part of your outline case.

 

And if they don't give statements you can ask for a adjournment and order for the statements in court.

[adridude]

ok so I take it I just wait for the county court CCJ forms to appear and then haul the bank over the coals?

 

is there an appeal form in the forms they send you?

[adridude]

I'm not sure if this has been posted before, but if it hasn't I found this link very handy.

 

http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm

 

Especially when my banks collection dept called me up and I quoted:

 

"On 5 April 2006, the Office of Fair Trading (OFT) concluded that default charges over £12 are automatically presumed to be unfair in terms of the Unfair Terms in Consumer Contract Regulations. Unfair terms are legally unenforceable."

 

LOL, whoever I spoke to in India really got confused and hung up on me. I called back 4 times, and after quoting this, they ALL hung up, even the manager. rofl...

[Guest Zooman]

Your not appealing but countersueing this means that both cases will be heard at the same time.

 

so as an outline

 

Your going to defend the claim they bring against you as they where all back charges.

 

And you are going to sue them for the return of your money.

[adridude]

oh my, they definately wont like that. If/when I win this, would it be a bad thing to send the editor of the financial times a letter?

 

I think the publish needs to know what I've learnt on this site!

[adridude]

Is there anything we can do about the effect these charges has on our lives? i.e. claim compensation?

 

I for example have:

 

-been to hospital on several occasions due to depression and suicide attempts.

-been on and off anti depressants since i came to the uk (only started when this all started happening)

-a big rift between myself and my family because the last 2 comments

-have lost many jobs

-have lost many girlfriends

 

I know that there are people out there who are alot worse off than me, but use this site as a crutch. Knowing my rights has made me alot stronger, and I am no longer scared of any DCA's or Collections Depts!

 

Thankyou CAG and BAG!

 

-Adrian

[Glenn UK]

fwiw

 

i think you have to be able to show that any damage is as a result of their actions and Im not sure this would be easy.

 

Id be interested in anyone who has legal experience or knowledge of this kind of situation because although my problems have not been anywhere near the level of yours, if i could i would also claim damages.

 

Glenn

[Guest Zooman]

Heres your frist letter once you have the claim forms any know who is dealing with it.

 

Dear Sir.

Re: Claim Number #

 

I today received the claim forms for the above and note your position.

 

Today I have retuned form N9 outlining that I intend to defend the claim, for your information my defence will be on the grounds that all or part of the claim is money owing from plenty charges and that the law surrounding them is in question.

 

You should beware that I will be making a counterclaim to recover all plenty charges imposed on account number 12-12-12 12345678 (the account) in the last six years.

 

I asked your client on the 27th July for information (information) under the data protection act (copy enclosed) for information relating to the plenty charges imposed on the account.

 

I understand your client has 40 days in which to send the information, but since this matter has now progressed to court and this will be paramount to both my defence and counterclaim, I ask that you ask your client to forward the information requested to you with all haste for you can send them to myself for I can prepare my defence.

 

Could you please advise to me by return your position and expected time scale for the above paragraph.

 

Yours faithfully,

 

XXXXX

Enc (1)

it may be in house and if it is just replace "your client" with "your company"