Reclaiming Charges

[slick132]

You have a PM

[FightThemAll]

You've got mail

[slick132]

Thanks - will get back to you asap.

 

[steven4064]

I'm back

 

Had a quick look and I'm not sure what the question is. THere seems to be no interest charged in 12/07 and 01/08 - maybe that's right. I think the OP has misunderstood the "interest free overdraft" column - that is any overdraft that does not attract interest. IN the OP's case, I am sure that shoul be 0 all the way down. However, that reduces the interest because it is only applied to the charge component. If the OP wants to reclaim all the interest (as he states) than he should just ignore the interest calc and just copy teh interest amounts across as they are.

[slick132]

Hi FTA,

 

I asked Steven for comments and have copied his reply into the post above.

[FightThemAll]

Thanks slick for your help and steven for your comments...

 

I will try to be breif and clear...

 

You are correct in that no interest was applied upto 31/01/08.

 

My interest free o/d was £1000.

 

When I went over the o/d as a result of some charges but mainly by own fault (even if withour charges I would have been over) - I couldn't pay it back and so was put on an arrangement which was always too high to begin with - that is what the changes in o/d are on the spreadsheet.

 

Having said that, maybe the interest free part is still only £1000 - im not sure. Statements only say "arranged overdraft".

 

I don't understand why spreadsheet is calculating interest to be claimed on THESE amounts - as I was over the interest free o/d and so SHOULD have been charged interest.

 

In the same way, I dont see why the entry on 29/11/2008 is saying 0 interest to be claimed. I am WITHIN my interest free o/d but have been charged £15 of interest - so why cant I claim it?!!

 

On 11 September i paid enoughto bring account back to below £1000 but because they removed o/d facility I started getting charged high interest from August despite being within the original limit - THIS is what is frustrating me and what my main concern is: they withdrew my facility without telling me when I was facing financial difficulty. As a result, even though I brought balance back to original interest free o/d of £1000 I was being charged high amounts of interest that I shouldnt have been charged!

 

So what I am tempted to do is set allll the o/d as £1000 even though it kept changing and argue that the o/d shouldnt have been removed under the circumstances - someone already unable to pay so they withdraw facility just so they cant start charging higher interest - AND I was never informed. However, even in this case the November 08 entry is still wrong..

 

Not so breif, and not so clear...I've repeated myself a few times throughout this thread. So if Im still not making sense then I apologize...

[slick132]

Hi FTA,

 

Even though the o/d limit was increased as part of an arrangement, I think the interest free element was still only up to £1,000. Anything above that was subject to interest.

 

I'm not sure why the spready gives the answers it does. But Steven is clear in his advice - just carry the interest figures across as they are and reclaim them.

 

Reclaim from them the interest they have charged you. The final figures of any claim will be subject to updates and any negotiation about the figures or the basis of interest claimed can be d/w later.

 

When d/w your POC, make sure it includes the update about reclaiming on the basis that the bank charges are unfair as per UTCCR, as opposed to the older "penalties" argument.

[FightThemAll]

Understood... Maybe it wont even get to needing to fill in POC..

 

Halifax have been hounding recently, but I have been too busy to answer when they do...I wonder what they want :s

 

Will keep threat updated

 

Thanks!!

[FightThemAll]

I have received two letters about my "complaint" - the first acknowledging and the second talking about OFT case etc and that charges are "lawful"

 

Within a week of sending the letter however, they have decided to send me a default notice. Scare tactic I'm sure, BUT it is dated 1st May and despite the later clearly stating

 

"You should therefore consider your demand for £xxx to be formally in dispute on the basis that the amount demanded is incorrect. Accordingly, you should withold action on this matter in accordance with the Sections 2.8(i) and 2.8(k) of the OFT Debt Collection Guidelines."

 

they have gone on anyway..

 

Prelim letter along with schedule of charges will be sent tomorrow.

However, I see no mention in this letter of account in dispute. Would it be, and isnt it already?! So how can they just get away with it. I wouldnt put it past them to default the account with CRAs even if they are not allowed as they know how much of a hassle it would be to remove anyway..

 

[slick132]

Hi FTA,

 

We see all the time that they blunder on regardless of you saying the a/c is in dispute. At least if you now send your Prelim Letter with the SOC, it will put the dispute on a more formal footing.

 

See here re the Default Notice - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

 

[FightThemAll]

Thanks Slick.

 

Should I put the CRAs on notice from now - putting the date of charges as the same date of my letter? Because if that is the case, then they havent really continued to process my data - but they are informing me of their intention to. I once complained in the branch about charges months ago - not an official complaint but if I could put that date then it would help in clearing up some late payment markers when I try to persue later..

 

I ask a lot of questions I know, but I never want to put a foot wrong (like the banks do!) so that they have NOTHING on me or anything to stick their claws into...So thanks for the patience

[slick132]

Put the CRA on notice as per BankFodder's thread.

 

Don't back-date anything. They'll default you probably anyway and it'll take time to get this sorted - that's just the way it is.

 

Most importantly though, get the Prelim and SOC off now. Then the CRA notice has the same or a later date than the Prelim.

[FightThemAll]

Halifax sent me a letter back saying that "fees" in accordance with policies and precedures that...blah blah.

 

They also try to assure me that no adverse comments have been entered on my credit file with regards to these "fees" - well obviously!

 

So, I will be sending LBA with a few amendments...What do you think...?

 

" You have failed to respond positively to my letter of the XXXX and its enclosed schedule. You have completely disregarded its contents – my request for a refund of the charges and interest levied on my account and the appropriate action to be taken with regards to the adverse comments entered on my credit file.

You cannot register information on a credit reference file (CRF) regarding “fees” or bank charges – so obviously this not what I refer to when I say that you have entered adverse comments against my CRF. To address my request in this way is misleading and inappropriate and not something I would expect from a bank which I had always reposed confidence in their integrity and expertise. To be clear, the adverse comments entered on my CRF, take the form of “missed/late payments”, which were a result of these charges and interest which should never have been applied. As a result, they must be amended along with repayment of my money.." .....................and then the rest of LBA

[slick132]

Sounds good to me.

 

[FightThemAll]

In that case it will be going out on Monday, as will the notice to CRA. Which brings me to (yet another ) question...Do I put all 3 major CRAs on notice, or just the one I usually use (Experian?)

 

Im also thinking of adding an extra line in that notice to read...

 

"Additionally, I am putting you on notice that I informed the bank that I disputed their charges many months ago, when they first began charging me and have officially disputed them on XXDATE OF LETTERXX"

 

as I think it would strengthen my position with regards to the late payment markers which I would like to have removed and also other account with similar circumstances...

[slick132]

Hi FTA,

 

I think you should do separate letters about reclaiming charges and the defaults. Including both subjects in one letter makes it more likely that one aspect of your complaint will be overlooked.

 

Do two letters and send them in the same envelope.

 

Re the CRA's, send your letter to each CRA which you believe may have negative entries for this a/c.

[FightThemAll]

Thanks slick - you have been very helpful

 

I've just noticed - I sent prelim to Customer Relations - maybe that why the response they sent was very customer-relations-like lol

 

Is that the correct address to use?

 

PO Box 548

Leeds

LS1 1WU

 

The same goes for CRA - Im using Credit Expert as part of Experian can I send the notice directly to them at Credit Expert Po Box address?

Edited May 17, 2009 by FightThemAll

[slick132]

Sorry but I'm not sure of the correct addresses for HBOS or Experian.

 

With Barclaycard, I tell users to send Prelim and LBA to cust'r svs but to use the HO address when issuing any court claim.

[FightThemAll]

That will do customer relations it is. In any case, these things usually find their way to the correct department and if it doesnt, that not really the customers problem is it. Let them do a little running around if necessary

[nainai]

Hi, wondering if anyone can help me with a 2nd claim to the same bank. I notice people are using the SAR now, I claimed couple years ago and used the 7 day letter, can i still use this or is it better to request the SAR, i know things may have changed. please help.

[citizenB]

Hi FTA,

 

I think you should do separate letters about reclaiming charges and the defaults. Including both subjects in one letter makes it more likely that one aspect of your complaint will be overlooked.

 

Do two letters and send them in the same envelope.

 

Re the CRA's, send your letter to each CRA which you believe may have negative entries for this a/c.

 

If you havent already sent these and you are enclosing both letters in the one envelope... it is a good idea to note on each of them that this is one of 2 letters enclosed.

 

JIC they get any ideas of "losing" one of them

[nainai]

Thankyou very much, time to get started.

[slick132]

Hi Nainai,

 

CitizenB was not commenting on your query but was commenting on FightThemAll's thread.

 

Use the site SAR and time limits if you want your data from the bank. Please start your own thread in the appropriate forum to avoid hijacking someone's thread.

 

[nainai]

TYVM, so sorry for hijacking, wasn't sure how to start or where to post to. Thanks for link.

[slick132]

Nainai,

 

Let us know which bank and I'll move these posts and start you a thread in the right place.