Ohmegod!!!!!!!

[weaver440]

Hello there,

 

Sent my 1st letter to the A & L on the 18th May requesting back my bank charges, received a letter back from them on the 27th may ( I am sure it is just a standard letter saying how sorry they are to hear about my complaint) any way, basically the letter said that they are looking into it and will get back to me. My question is do I ignore this letter and still issue my second letter to them on the 1st which is 14 days from the 1st letter or do I hang fire and see what they come up with. Also since sending the first letter I have incurred more bank charges, do I need to send them an updated letter with the new sum I am demanding back?

 

I really hope someone can help me

[gordonhall]

Good to see you on board.

 

Its always best to read around the forums, as well as reading the FAQs first. You will see this type of question popping up on a daily basis.

 

The advice set by the admins is to stick to your timetable - not theirs. 28 days is ample time for them to deal with things if they so wish -they just choose not to.

 

Hope that helps.

[alanfromderby]

Also since sending the first letter I have incurred more bank charges, do I need to send them an updated letter with the new sum I am demanding back?

 

I really hope someone can help me

 

 

When you send the next letter just include these in the amount you are claiming.

[weaver440]

Hello,

 

Have sent the first and second letter to the A & L, the reply to the first was clearly just a standard letter as is the second, however in the reply to my second letter they do mention that the Office of Fair Trade report on the 6th April 2006 touched breifly on current accounts did not give any specific recommendation regarding the level of charges appropriate for current accounts. At present there has been no consultation between the Banking industry and the Office of Fair Trade about current accounts? Is this as I suspect just a scare tactic? I am ready to send my claim form but not too sure about wether I should submit a Consumer Credit Act 1974 complaint to the OFT at the same time(and if I am how do I go about doing it) or to wait and see what response I get from the bank? Just a Quick note to say am I completely dim? I find it really difficult to move around this site to search what it is I am looking for, not even sure if I am sending this message to the right place or not? I hope someone gets it and is able to help!

[LondonPam]

You really must read the FAQ section on this site. It covers all aspects of this process. There is also a step by step guide as to how to proceed with your claim. There are also templates to use that quote the exact legal terms that you need. If you have already sent your prelim letter and LBA then yes the next step is to file your claim.

Good luck.

[weaver440]

Thanks for your help LondonPam, It has to be said I am bloody useless at this sort of thing, its only my anger that keeps me going.

[callumsgran]

I know exactly where your coming from, i felt like that when i first started, i think we all did! anyway welcome and good luck!

[weaver440]

In a bazaar kind of way it feels good to be on board!!!!!!!!!!!!!!!!

[weaver440]

doing the last bit of my claim form, what do i put in as the daily interest rate, is it 4.5%.

[bram stoker]

Where did you get that figure???

 

It is 8%. I hope this is what you used in your calculations. Have you read the FAQ's and been to the forum library? You must be very careful about the steps you take in your claim.

 

Let me know if you need any further advice here.

 

Good luck.

Vamp.

[Keithowedalot]

Is the daily rate not 0.022%? 8% Annual rate?

[bram stoker]

Is the daily rate not 0.022%? 8% Annual rate?

Sorry, you are correct here. I put 8% APR as I preferred it. It's entirely up to you.

 

I haven't seen the moneyclaim form, but if it needs a Daily rate then state that. They are both the same as you spotted.

[weaver440]

Have sent my online money claim form in the last couple of days to A & L, am trying to be really posotive:grin: hopeing they will just agree to return my money! If this is successful I am going to town on the nat west, I can't even begin to imagine how much they have taken from me over the last 6 years? A & L have taken £211.00 since feb this year so it could work out to be quite a substantial amount!!! Crikey, I may even be able to retire. Now that would make excellent headline news "45 year old able to retire early thanks to the Nat West Bank" He He.

[hunkydory]

Remember...patience is a virtue!

Good luck - and don't give up!

[weaver440]

Think I have made one hell of a booboo. On my money claim form I have just asked for the total amount of charges to be returned plus yearly int. @ 8% plus Daily int @ 4.5% not infact giving them any totals!!!!!!!!? Will this be a problem do you think? Any comments would be very much appreciated - YES, even if it is to tell me I am stupid!:o

[caro]

I think it says on the MCOL website that if you make a mistake you should phone them, but they do their bit at 10.00 am so it needs to be before that. There is plenty of guidance and help on the website, so just take a deep breath, calm down, and see what you can do to put it right. I think you pay when you have finished your online form and the guidance says they don't do anything with it if it isn't paid for, so just start again if it is too bad.

[weaver440]

Good Idea Karnevil

 

Here's how it goes in Particulars of claim -

 

I have had an account with the defendent bank since 2004 approx. Since February 2006 I estimate that they have taken £211.00 from me in bank charges. I now know that these charges are unlawful and therefore unenforcable as they are extremely unfair and they are contrary to common law. I have asked the bank on two occasions to justify the charges but they have refused to do so. I am therefore seeking repayment of bank charges totaling £211.00 over the period indicated below plus interest

 

5th June 2006 £34.00 failed D/D

31st May 2006 £34.00 failed D/D

18th May 2006 £34.00 failed D/D

15th May 2006 £34.00 failed D/D

12 April 2006 £25 paid item charge

1st April 2006 £25.00 Unautherised OD charge

15th February 2006 £25.00 Paid item charge

 

I did fill in the boxes amount claimed and court fee - Phew!

 

Can someone PLEASE let me know ASAP if this is ok so if its not i can call the help line, though i do not know wether its too late to do anything anyway as i issued this on the 20th and after checking my status it says its issued, so i am assumimg that means they have already issued it to the A & L

[younganfree]

Hi, from what I can see above, everything seems fine.

 

Your total claim is for £211, and adding up the charges you listed comes to this amount exactly, so you have made no errors there.

 

As for asking for two lots of interest, I can't see from what you have written down that this is the case. You have simply put "plus interest" - no mention of any rates at all. So unless you have written these down somewhere else, you are in the clear, as it were.

 

If you still think you have made an error, can you be more specific? I'm not an expert, so may not be able to comment further but I'm sure someone looking in would be able to help. They are good at that here.

[Aitken Brotherston]

From the experience I have using MCOL, the best way to handle interest is to include interest from the date(s) of the charges being applied by the bank to the date of the raising of the claim as part of the claim at a rate of 8% PA or 0.022% per day then state on the claim that you also wish to claim on-going interest at the statutory rate of 8% PA (the form of words is available on the MCOL website).

 

You should include it in the Particulars Of Claim section. Remember to change the bits in bracakets.

 

Here is the form of words copied from the MCOL help/tutorial.

 

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].

 

Hope this helps.

[weaver440]

Thanks for the help guys,

 

I didn,t put interest at any particular rate only that I wanted interest. I have just checked status of claim and it has been acknowledged!!!!!!!!!!!!!!. So I guess all I have to do now is wait PATIENTLY for the nail biting, hair pulling, wall climbing etc. 28 days? Will let you all know as soon as I hear anything.

[alanfromderby]

I have serious reservations about the wording of your claim, as it does not contain any references to the legislation you are relying on, and you have not included the necessary wording for section 69 interest.

 

On the one hand, it is possible the bank may just pay up anyway, but on the other hand, where claims contain errors of wording or procedure, the chances of them going to court must increase.

[weaver440]

Well I now feel utterly deflated and its my own fault. Lesson to all new comers - make sure you do everything properly! Hopefully they will just decide to give me my money back but should they not can i claim again do you know? I know you can't trial a man for the same murder twice but is this not different, or is that just wishful thinking? All my life I've gone in like a bull in a china shop, you'd think at 45yrs I'd have learnt by now wouldn't you? Anyway, whatever the outcome I will keep you posted.

[caro]

Well I now feel utterly deflated and its my own fault. Lesson to all new comers - make sure you do everything properly! Hopefully they will just decide to give me my money back but should they not can i claim again do you know? I know you can't trial a man for the same murder twice but is this not different, or is that just wishful thinking? All my life I've gone in like a bull in a china shop, you'd think at 45yrs I'd have learnt by now wouldn't you? Anyway, whatever the outcome I will keep you posted.

 

Please do. It is useful for people to see the pitfalls of not following the process properly, so at least people can learn from your mistake. Let's hope that something can be salvaged.

[younganfree]

Well I now feel utterly deflated and its my own fault. Lesson to all new comers - make sure you do everything properly! Hopefully they will just decide to give me my money back but should they not can i claim again do you know? I know you can't trial a man for the same murder twice but is this not different, or is that just wishful thinking? All my life I've gone in like a bull in a china shop, you'd think at 45yrs I'd have learnt by now wouldn't you? Anyway, whatever the outcome I will keep you posted.

 

Hey there, Weaver 440.

No point getting depressed and doing yourself down over this, we all make mistakes.

After all you don't know what the outcome is going to be yet. A&L have said they will pay all claims, so maybe you'll be lucky.

If not, then you have learnt a valuable lesson, which should help you if you decide to go on to make a claim from Natwest, who you think will owe you a great deal more.

Think how you would be feeling now if you had done this the other way round?

Whatever the outcome, it's not the end of the world. So keep smilin' dude! Don't let the beggars grind you down! 8)

[weaver440]

Thanks for all your lovely positive remarks. Have infact phoned the claims helpline today, I can submit a new claim even after the first one has been acknowledged by the bank at a cost of £35.00. Yiiikes! Can,t afford that so explained to the lovely lady exactly what I had done - the wording of the claim eg quoteing legislation and paragraphs and the such. Anyway to cut along story short I asked if the claim should infact come to court because of my errors can i use these legal terms and paragraphs in court to fight my case and she said of course!!!!! Halelujah. I know ideally we do not want to go that far but i feel reassured that if it does go to court I can say all the things I should have said in my claim and hopefully still win my money. Keep your fingers crossed for me guys.