http://consumerwiki.co.uk/api.php?action=feedcontributions&user=Bankfodder&feedformat=atomConsumer Wiki - User contributions [en]2024-03-29T06:21:32ZUser contributionsMediaWiki 1.31.1http://consumerwiki.co.uk/index.php?title=FAQ&diff=3514FAQ2014-05-10T15:08:47Z<p>Bankfodder: </p>
<hr />
<div>== Introduction ==<br />
<br />
Read through this and it will save you a lot of tedious posting on the forums and will save a lot of repetitive replies.<br />
<br />
Once you have the basics in mind you will find that you will be able to frame your questions and enter into discussions in a much more profitable way.<br />
<br />
'''Legal FAQs here do not apply to Scotland (Civil procedure)'''<br />
<br />
Scottish FAQs are in preparation.<br />
<br />
<br />
<br />
<br />
<span style="color:blue">Please be aware that all advice here is provided informally by concerned volunteers. This group, The Consumer Forums(through their campaigning groups - The Consumer Action Group & The Bank Action Group - Fighting unlawful practices and bank charges.) holds out no particular expertise or qualification. It is not responsible for the views of it's Users who post here. The Group makes no guarantee of the accuracy of any of the advice or information which is provided on these pages and you are advised to apply your own judgment at all times.</span><br />
<br />
<span style="color:blue">The [[The Consumer Forums]] are merely a campaign and support group.</span><br />
<br />
<br />
<br />
<span style="color:red">If you want to understand [[litigation]] in the [[County Court]] small claims track, then we now recommend [[Patricia Pearl]]'s book: "Small Claims Procedure: [[A Practical Guide]]."</span><br />
<br />
<span style="color:red">This book is excellently laid out and is a thorough but readable guide for the ordinary person who wants to bring any kind of claim in the County Court.</span><br />
<br />
<span style="color:red">[http://www.consumeractiongroup.co.uk/forum/announcement.php?f=92&a=35 See a full review here]</span><br />
<br />
==Can I Claim? ==<br />
Q. I have been charged (£20, £25, £35 etc...) by my bank/credit card company for going over my agreed overdraft limit. This was entirely my own fault. Do I still have grounds to start legal proceedings against them for recovery?<br />
<br />
A. The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you may have grounds to recover your money<br />
<br />
---<br />
<br />
Q. But I have agreed when I opened my account to pay charges on returned direct debits etc and exceeded overdraft limits.<br />
<br />
A. Yes, you did. The banks are entitled to apply these charges, but not at an excessive rate. Penalty charges must be calculated to reflect the losses sustained by the banks when you cause them a problem. No more. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.<br />
<br />
---<br />
<br />
Q. I get charged a £5 (£10, £15) fee every month for an overdraft on my current account. Can I get these back too?<br />
<br />
A. If this is a service you have agreed to, then no - there is nothing unlawful about charging for a service provided.<br />
<br />
== What about £12, can they charge that? ==<br />
<br />
A. NO. The Office of Fair Trading (OFT) issued a directive to credit card companies to set a point at which they (the OFT) would intervene on behalf of the consumer. They did not state that £12 was lawful - in fact they stated that only a court can decide. "A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default"<br />
<br />
In other words - reclaim the full amount unless they are willing to show the evidence of what it does cost.<br />
<br />
<br />
Likewise recent suggestions that Bank charge claims will have to allow for 12.00 charges are untrue...go for the lot...unless they prove otherwise.<br />
<br />
== Can I PM/Email Admin/BankFodder/Dave with regards to my specific case? ==<br />
<br />
Our 'admin' email address receives about 2-3 thousand emails per day with requests for help. Most of these are ignored, not through choice but simply because there are not enough hours in the day. We have families and jobs. If your case is out of the ordinary or is extremely urgent, then you can attempt to PM or email, but due to the sheer volume of requests we cannot guarantee a timely response.<br />
<br />
It is far better to start your own thread where many people can see your progress.<br />
<br />
== Will Claiming Cause Me Problems? ==<br />
<br />
Q. Will suing my bank affect my credit report?<br />
<br />
A. No - unless the Bank closes your account - see below.<br />
<br />
---<br />
<br />
Q. Will the bank close my account?<br />
<br />
A. Under 7.7 of the 2008 Banking code, a bank cannot close or threaten to do so as a response to a valid complaint that you have made. It is therefore unless you are acting in a manner which may lead to closure of your account, like being threatening and abusive to staff members, then your complaint should not be reason alone to close your account. <br />
<br />
---<br />
<br />
Q. Are there any other risks?<br />
<br />
A. There have been instances where the banks have closed or threatened to close accounts by way of retaliation. There is always a risk involved in taking someone to court. If you are in any doubt of your claim, you should contact a qualified professional.<br />
<br />
---<br />
<br />
Q. Can I stop them closing my account?<br />
<br />
A. Although there are some legal arguments against this kind of retaliation, it would be very difficult at the moment. You would normally only be able to try and take action about it after the account closure. We are in the process of testing the legalities of account closures, especially with the Alliance & Leicester.<br />
<br />
---<br />
<br />
Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?<br />
<br />
A. Yes, regardless of if the account is open or closed, you can claim.<br />
<br />
---<br />
<br />
Q. Can I claim back for more than 6 years?<br />
<br />
A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.<br />
<br />
<br />
---<br />
<br />
Q. I am so angry - when this is sorted out, should I close my account?<br />
<br />
A. No - don't close your account. It makes no difference to your bank. Get an account with another bank by all means but do realise that all the banks are the same when things get difficult. Keep your account. You might find it useful one day. Keep a couple of pounds in it and then just don't use it. Having multiple accounts may give you some flexibility.<br />
<br />
---<br />
<br />
Q. Is there any limit to the amount that I can claim?<br />
<br />
A. No. If you keep your claim value under £10,0000then the case should stay on the County Court Small Claims Track. This way, if you lose, you shouldn't be liable for costs.<br />
However, there are actually some advantages to claiming above £10,000- this is discussed in greater detail on the forums.<br />
<br />
<br />
---<br />
<br />
Q: We have a joint account, do we both need to apply/sign when reclaiming?<br />
<br />
A: If you both have authority, no.<br />
<br />
---<br />
<br />
== Are there any preparatory steps which I should take? ==<br />
<br />
A: You would be well advised to open at least one bank account elsewhere (you will see this referred to on the site as a "Parachute Account"). If your account is closed, it is likely that the Banks will make an entry which could affect your credit score and make it difficult to get even a debit card in the future. Open a new account when your credit rating is still intact. This will allow you to move smoothly to a different bank if you want. This will reduce the leverage which your present bank has over you.<br />
<br />
---<br />
<br />
Q. Do I have to write a letter to my bank?<br />
<br />
A. Yes, but we have prepared templated letters for you. See our "Bank Templates Library".<br />
<br />
---<br />
<br />
Q. Do I have to put "without prejudice" on the top of my letter?<br />
<br />
A: No. Putting "Without Prejudice" at the top of a letter means that the contents of that letter cannot be disclosed to a judge in the course of the hearing of the case - so it may harm your case if you do. If you really think that you are saying something which you don't want the judge to hear then by all means put "without prejudice". However, most often you will be pleased that the judge knows the whole story. It will tend to be the bank that wishes to keep information hidden. If a letter from the bank or their legal council is marked 'Without Prejudice' you must not show it to the court, unless a judge asks to see it.<br />
<br />
---<br />
<br />
Q. Can I use email?<br />
<br />
A. According to the Civil Procedure Handbook, email is an acceptable way of contacting a second party. However, the banks are not keen on it and don't normally reply with emails, so standard mail has become the norm.<br />
<br />
---<br />
<br />
Q. Do I have to negotiate with my bank before I take action?<br />
<br />
A. You should claim and litigate reasonably so as not to incur unnecessary expenses for yourself or the bank or cause unnecessary trouble for the court. This does not mean that you have to phone them. An acceptable negotiation process will be to use our templated letters - the "Preliminary Approach for Repayment" and the "Letter Before Action"<br />
<br />
---<br />
<br />
Q. Do I have to send a letter before action?<br />
<br />
A. Yes, you should give the bank written notice that you will be suing them.<br />
<br />
---<br />
<br />
== What if I have to sue the bank? ==<br />
<br />
Q. How much notice should I give the bank that I am going to sue them?<br />
<br />
A. Both of our letters give 14 days for a response. Together, these give the banks at least 28 days to settle your claim - an acceptable timescale for a court.<br />
<br />
---<br />
<br />
Q. I'm worried about costs if I lose the case.<br />
<br />
A. If your claim is less than £10,000 then it will most likely be conducted within the Smalls Claims procedure of the County Court. Costs are not awarded either to the loser or to the winner unless the case is highly exceptional. The only costs you might lose are the court fee for issuing your claim form and the reasonable travel expenses of the defendant.<br />
If you win, the only costs you will receive will be your summons fee and your reasonable travel expenses.<br />
<br />
---<br />
<br />
Q. Supposing I have a lawyer. Can't I get the costs of that legal help?<br />
<br />
A. No, but neither can the Defendant. You should NOT need a lawyer.<br />
<br />
---<br />
<br />
Q. Can I claim interest?<br />
<br />
<br />
A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:<br />
"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"<br />
<br />
You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:<br />
0.00022 X the amount of your claim – this gives you the daily rate of interest. There is a guide within the N! Particular of claim template.<br />
<br />
---<br />
<br />
== Which Track ==<br />
<br />
Q. When referring to the "track" of the County Courts, does the £10,000 limit include interest and costs?<br />
<br />
<br />
A. It includes interest. You can claim up to £10,000 net of costs but including interest. However, in determining court costs only, the value of your claim will be the charges total PLUS any interest claimed. If this is the case, then court costs will be set at £250 rather than £120.<br />
Remember though, that these court costs will be reclaimable should you win....<br />
<br />
---<br />
<br />
== How or Where do I start my claim? ==<br />
Q. How / where do I start my claim?<br />
<br />
<br />
A. You have 3 options.....<br />
<br />
(1) Go to your local County Court. Ask for an N1 claims pack and the forms required will be made available, usually with some guidance notes.<br />
<br />
<br />
(2) Download a PDF version of the N1 form from our Templates Library. <br />
<br />
In both of these cases, you can use the "Particulars of Claim" - also available in our Library - to complete the forms. Make 3 copies of this form - 1 for your own records and 2 to give to the court.<br />
<br />
We also advise submitting copies of the 'schedule of charges' detailing dates, amounts and interest accrued with these forms - even if you have previously sent them to the bank.<br />
<br />
<br />
(3) An alternative is to start your action on-line at www.Moneyclaim.gov.uk You will need a credit card to pay the summons fee. The space given for the Particulars of Claim in this method are limited and you should seek advise when either altering our templated version or producing your own.<br />
<br />
This method can ONLY be used if money is the only thing being claimed. However, you must make sure that the bank has received a schedule of your charges at least twice during your preparatory correspondence.<br />
<br />
---<br />
<br />
Q. What happens if I make a mistake in my summons if I do it on-line? Can I correct it?<br />
<br />
<br />
A. Moneyclaim have a very helpful help desk. You can phone them in office hours and they will tell you what to do. Their number is 0845-601 5935 - They will not give you legal advice.<br />
<br />
== Which Address ==<br />
Q. Where should I address any of the standard letters?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. I have sent a Data Protection Act request. When does the 40 day period begin?<br />
<br />
<br />
A. The Data Protection Act request takes effect when a fully paid request reaches the appropriate person in the organisation. If the request is correctly addressed then you can deem 1st class mail to have been delivered in 2 working days. To ensure that they cannot deny having received your request, it is advisable to send by recorded delivery.<br />
<br />
<br />
== I Have Been Defaulted ==<br />
<br />
<br />
Q. I have been "defaulted" by my bank. What can I do?<br />
<br />
A. This can cause serious problems for a long time. You should try and avoid this if you can, but this will normally have happened before you even begin to start recovering your costs. <br />
Users are currently testing the legality of Default Notices placed as a direct result of charges imposed on the account. Read our Data Protection Act section for more info and guidance.<br />
<br />
---<br />
<br />
Q. I'm sure it was the penalties which put me into a position where I was defaulted. Does this mean I can get it removed?<br />
<br />
A. We believe this is an abusive practice by the Banks. If you decide to recover your charges then when they are offered back to you make sure that part of the deal is that the bank agrees to remove the default entry entirely - not just enter a correction or say that the default has now been satisfied. <br />
<br />
As a 'general' rule, if your charges total was either equal to, or in excess of, the value of the default, then it would be reasonable to assume that the default entry was unfair.<br />
<br />
If the bank refuses to do this then you should refuse to settle and proceed to court. It is most likely that the bank will concede to your request. If they do, then get it in writing immediately and make it clear that you will not interrupt the claim process until it has been done. There is one report of the Nationwide having reneged on its promise to remove the default. If your settlement is subsequently recorded by the judge, make sure that this aspect of default removal is recorded as being part of the deal.<br />
<br />
You can let the bank know that if you are proved right in court, that you will take the view that their default notice is defamatory and is a breach of their duty of trust. This may encourage them to meet all your conditions.<br />
<br />
<br />
== IVA arrangements ==<br />
<br />
<br />
Q. I'm currently on an IVA/debt repayment plan (CCCS or similar). Do I have to notify the Debt Management company that I am doing this? It's not really a 'windfall' is it?<br />
<br />
A. However, we have heard of reports where a Debt Management (DM) company have broken off the agreement because of failure to notify of charges being returned. I think it's best to let the DM company know exactly what you are doing from the start. Be honest with them. They have been with you (well the best ones are ;-) - CCCS for instance).<br />
<br />
<br />
== Business Accounts ==<br />
<br />
<br />
Q. I have a business account. Can I, or my company, still get penalty charges back? <br />
<br />
A. Yes, but on a slightly different basis. To do so, you need to rely on the Common law of contract and the Unfair (Contracts) Terms Act 1977 rather than the 1999 Unfair Terms in Consumer Contracts Regulations, because these deal with business to consumer rather than business to business relationships. If you are trying to recover business charges DO NOT cite the 1999 regulations in your court claim. An amended version of the standard initial letter for businesses is included in the library. <br />
<br />
<br />
== Allocation Questionnaire ==<br />
<br />
<br />
Q. I started a claim a few weeks ago. The bank have put a defence into the court and I have now received an Allocation Questionnaire. It asks me to complete it and send a cheque for £100. Is this right? <br />
<br />
A. Yes, but only if your claim is for over £1500. Don't worry, you will get this back from the bank should you win. If you cannot afford it - phone the court up, they are very sympathetic and may well allow you to pay later. A guide to completing the Allocation Questionnaires is also in the Templates Library.<br />
<br />
---<br />
<br />
Q. The court has said they are dispensing with the Allocation Questionnaire, do I still have to pay the £100 fee?<br />
<br />
A. Yes. The fee is payable within 14 days after the despatch of the notice of allocation to track.<br />
<br />
---<br />
<br />
Q. The bank has responded and left me no choice - I am now prepared to go to court. Where should I address the court papers?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. What if my bank actually lets me get my case to court (by not giving my money back after a claim has been issued)? Will this set a precedent if I win and stop people having to pay these charges ever again?<br />
<br />
<br />
A. No, precedents cannot be set in the County Court. However, it would be OK to bring this case to the attention of the judge in other cases in an attempt to influence his decision.<br />
<br />
<br />
== Can I claim Compensation? ==<br />
<br />
<br />
Q. Can I claim compensation from the bank for the stress that their charges and subsequent debt have caused me.<br />
<br />
A. You would have to provide specific proof of distress caused in order to claim this, which is extremely difficult and rare. It's probably more stress than it's worth.<br />
<br />
---<br />
<br />
Q. Is it OK to completely ignore the section labeled 'FAQ' and just ask the same question as everyone else has before me?<br />
<br />
A. Yes, of course. The Admins and Moderators and Site Helpers would like nothing more than to repeat themselves several hundred times per day. We live for it, really we do. It's not like there's more pressing issues at hand - or people with questions that haven't been answered here.<br />
<br />
<br />
== Can I Change My Username? ==<br />
<br />
We recommend people don't register on the site with their real names as their USER ID. If you have and would like to change it please PM alanfromderby or email admin@consumeractiongroup .co.uk.<br />
<br />
<br />
== Give credit where credit is due ==<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Forum]]<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 00:05, 31 May 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=FAQ&diff=3513FAQ2014-05-10T15:07:07Z<p>Bankfodder: </p>
<hr />
<div>== Introduction ==<br />
<br />
Read through this and it will save you a lot of tedious posting on the forums and will save a lot of repetitive replies.<br />
<br />
Once you have the basics in mind you will find that you will be able to frame your questions and enter into discussions in a much more profitable way.<br />
<br />
'''Legal FAQs here do not apply to Scotland (Civil procedure)'''<br />
<br />
Scottish FAQs are in preparation.<br />
<br />
<br />
<br />
<br />
<span style="color:blue">Please be aware that all advice here is provided informally by concerned volunteers. This group, The Consumer Forums(through their campaigning groups - The Consumer Action Group & The Bank Action Group - Fighting unlawful practices and bank charges.) holds out no particular expertise or qualification. It is not responsible for the views of it's Users who post here. The Group makes no guarantee of the accuracy of any of the advice or information which is provided on these pages and you are advised to apply your own judgment at all times.</span><br />
<br />
<span style="color:blue">The [[The Consumer Forums]] are merely a campaign and support group.</span><br />
<br />
<br />
<br />
<span style="color:red">If you want to understand [[litigation]] in the [[County Court]] small claims track, then we now recommend [[Patricia Pearl]]'s book: "Small Claims Procedure: [[A Practical Guide]]."</span><br />
<br />
<span style="color:red">This book is excellently laid out and is a thorough but readable guide for the ordinary person who wants to bring any kind of claim in the County Court.</span><br />
<br />
<span style="color:red">[http://www.consumeractiongroup.co.uk/forum/announcement.php?f=92&a=35 See a full review here]</span><br />
<br />
==Can I Claim? ==<br />
Q. I have been charged (£20, £25, £35 etc...) by my bank/credit card company for going over my agreed overdraft limit. This was entirely my own fault. Do I still have grounds to start legal proceedings against them for recovery?<br />
<br />
A. The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you may have grounds to recover your money<br />
<br />
---<br />
<br />
Q. But I have agreed when I opened my account to pay charges on returned direct debits etc and exceeded overdraft limits.<br />
<br />
A. Yes, you did. The banks are entitled to apply these charges, but not at an excessive rate. Penalty charges must be calculated to reflect the losses sustained by the banks when you cause them a problem. No more. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.<br />
<br />
---<br />
<br />
Q. I get charged a £5 (£10, £15) fee every month for an overdraft on my current account. Can I get these back too?<br />
<br />
A. If this is a service you have agreed to, then no - there is nothing unlawful about charging for a service provided.<br />
<br />
== What about £12, can they charge that? ==<br />
<br />
A. NO. The Office of Fair Trading (OFT) issued a directive to credit card companies to set a point at which they (the OFT) would intervene on behalf of the consumer. They did not state that £12 was lawful - in fact they stated that only a court can decide. "A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default"<br />
<br />
In other words - reclaim the full amount unless they are willing to show the evidence of what it does cost.<br />
<br />
<br />
Likewise recent suggestions that Bank charge claims will have to allow for 12.00 charges are untrue...go for the lot...unless they prove otherwise.<br />
<br />
== Can I PM/Email Admin/BankFodder/Dave with regards to my specific case? ==<br />
<br />
Our 'admin' email address receives about 2-3 thousand emails per day with requests for help. Most of these are ignored, not through choice but simply because there are not enough hours in the day. We have families and jobs. If your case is out of the ordinary or is extremely urgent, then you can attempt to PM or email, but due to the sheer volume of requests we cannot guarantee a timely response.<br />
<br />
It is far better to start your own thread where many people can see your progress.<br />
<br />
== Will Claiming Cause Me Problems? ==<br />
<br />
Q. Will suing my bank affect my credit report?<br />
<br />
A. No - unless the Bank closes your account - see below.<br />
<br />
---<br />
<br />
Q. Will the bank close my account?<br />
<br />
A. Under 7.7 of the 2008 Banking code, a bank cannot close or threaten to do so as a response to a valid complaint that you have made. It is therefore unless you are acting in a manner which may lead to closure of your account, like being threatening and abusive to staff members, then your complaint should not be reason alone to close your account. <br />
<br />
---<br />
<br />
Q. Are there any other risks?<br />
<br />
A. There have been instances where the banks have closed or threatened to close accounts by way of retaliation. There is always a risk involved in taking someone to court. If you are in any doubt of your claim, you should contact a qualified professional.<br />
<br />
---<br />
<br />
Q. Can I stop them closing my account?<br />
<br />
A. Although there are some legal arguments against this kind of retaliation, it would be very difficult at the moment. You would normally only be able to try and take action about it after the account closure. We are in the process of testing the legalities of account closures, especially with the Alliance & Leicester.<br />
<br />
---<br />
<br />
Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?<br />
<br />
A. Yes, regardless of if the account is open or closed, you can claim.<br />
<br />
---<br />
<br />
Q. Can I claim back for more than 6 years?<br />
<br />
A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.<br />
<br />
<br />
---<br />
<br />
Q. I am so angry - when this is sorted out, should I close my account?<br />
<br />
A. No - don't close your account. It makes no difference to your bank. Get an account with another bank by all means but do realise that all the banks are the same when things get difficult. Keep your account. You might find it useful one day. Keep a couple of pounds in it and then just don't use it. Having multiple accounts may give you some flexibility.<br />
<br />
---<br />
<br />
Q. Is there any limit to the amount that I can claim?<br />
<br />
A. No. If you keep your claim value under £10,0000then the case should stay on the County Court Small Claims Track. This way, if you lose, you shouldn't be liable for costs.<br />
However, there are actually some advantages to claiming above £10,000- this is discussed in greater detail on the forums.<br />
<br />
<br />
---<br />
<br />
Q: We have a joint account, do we both need to apply/sign when reclaiming?<br />
<br />
A: If you both have authority, no.<br />
<br />
---<br />
<br />
== Are there any preparatory steps which I should take? ==<br />
<br />
A: You would be well advised to open at least one bank account elsewhere (you will see this referred to on the site as a "Parachute Account"). If your account is closed, it is likely that the Banks will make an entry which could affect your credit score and make it difficult to get even a debit card in the future. Open a new account when your credit rating is still intact. This will allow you to move smoothly to a different bank if you want. This will reduce the leverage which your present bank has over you.<br />
<br />
---<br />
<br />
Q. Do I have to write a letter to my bank?<br />
<br />
A. Yes, but we have prepared templated letters for you. See our "Bank Templates Library".<br />
<br />
---<br />
<br />
Q. Do I have to put "without prejudice" on the top of my letter?<br />
<br />
A: No. Putting "Without Prejudice" at the top of a letter means that the contents of that letter cannot be disclosed to a judge in the course of the hearing of the case - so it may harm your case if you do. If you really think that you are saying something which you don't want the judge to hear then by all means put "without prejudice". However, most often you will be pleased that the judge knows the whole story. It will tend to be the bank that wishes to keep information hidden. If a letter from the bank or their legal council is marked 'Without Prejudice' you must not show it to the court, unless a judge asks to see it.<br />
<br />
---<br />
<br />
Q. Can I use email?<br />
<br />
A. According to the Civil Procedure Handbook, email is an acceptable way of contacting a second party. However, the banks are not keen on it and don't normally reply with emails, so standard mail has become the norm.<br />
<br />
---<br />
<br />
Q. Do I have to negotiate with my bank before I take action?<br />
<br />
A. You should claim and litigate reasonably so as not to incur unnecessary expenses for yourself or the bank or cause unnecessary trouble for the court. This does not mean that you have to phone them. An acceptable negotiation process will be to use our templated letters - the "Preliminary Approach for Repayment" and the "Letter Before Action"<br />
<br />
---<br />
<br />
Q. Do I have to send a letter before action?<br />
<br />
A. Yes, you should give the bank written notice that you will be suing them.<br />
<br />
---<br />
<br />
== What if I have to sue the bank? ==<br />
<br />
Q. How much notice should I give the bank that I am going to sue them?<br />
<br />
A. Both of our letters give 14 days for a response. Together, these give the banks at least 28 days to settle your claim - an acceptable timescale for a court.<br />
<br />
---<br />
<br />
Q. I'm worried about costs if I lose the case.<br />
<br />
A. If your claim is less than £5000 then it will most likely be conducted within the Smalls Claims procedure of the County Court. Costs are not awarded either to the loser or to the winner unless the case is highly exceptional. The only costs you might lose are the court fee for issuing your claim form and the reasonable travel expenses of the defendant.<br />
If you win, the only costs you will receive will be your summons fee and your reasonable travel expenses.<br />
<br />
---<br />
<br />
Q. Supposing I have a lawyer. Can't I get the costs of that legal help?<br />
<br />
A. No, but neither can the Defendant. You should NOT need a lawyer.<br />
<br />
---<br />
<br />
Q. Can I claim interest?<br />
<br />
<br />
A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:<br />
"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"<br />
<br />
You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:<br />
0.00022 X the amount of your claim – this gives you the daily rate of interest. There is a guide within the N! Particular of claim template.<br />
<br />
---<br />
<br />
== Which Track ==<br />
<br />
Q. When referring to the "track" of the County Courts, does the £5000 limit include interest and costs?<br />
<br />
<br />
A. No, it doesn't. You can claim up to £5000 net of costs and interest and this will not affect the track allocation. However, in determining court costs only, the value of your claim will be the charges total PLUS any interest claimed. If this is the case, then court costs will be set at £250 rather than £120.<br />
Remember though, that these court costs will be reclaimable should you win....<br />
<br />
---<br />
<br />
== How or Where do I start my claim? ==<br />
Q. How / where do I start my claim?<br />
<br />
<br />
A. You have 3 options.....<br />
<br />
(1) Go to your local County Court. Ask for an N1 claims pack and the forms required will be made available, usually with some guidance notes.<br />
<br />
<br />
(2) Download a PDF version of the N1 form from our Templates Library. <br />
<br />
In both of these cases, you can use the "Particulars of Claim" - also available in our Library - to complete the forms. Make 3 copies of this form - 1 for your own records and 2 to give to the court.<br />
<br />
We also advise submitting copies of the 'schedule of charges' detailing dates, amounts and interest accrued with these forms - even if you have previously sent them to the bank.<br />
<br />
<br />
(3) An alternative is to start your action on-line at www.Moneyclaim.gov.uk You will need a credit card to pay the summons fee. The space given for the Particulars of Claim in this method are limited and you should seek advise when either altering our templated version or producing your own.<br />
<br />
This method can ONLY be used if money is the only thing being claimed. However, you must make sure that the bank has received a schedule of your charges at least twice during your preparatory correspondence.<br />
<br />
---<br />
<br />
Q. What happens if I make a mistake in my summons if I do it on-line? Can I correct it?<br />
<br />
<br />
A. Moneyclaim have a very helpful help desk. You can phone them in office hours and they will tell you what to do. Their number is 0845-601 5935 - They will not give you legal advice.<br />
<br />
== Which Address ==<br />
Q. Where should I address any of the standard letters?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. I have sent a Data Protection Act request. When does the 40 day period begin?<br />
<br />
<br />
A. The Data Protection Act request takes effect when a fully paid request reaches the appropriate person in the organisation. If the request is correctly addressed then you can deem 1st class mail to have been delivered in 2 working days. To ensure that they cannot deny having received your request, it is advisable to send by recorded delivery.<br />
<br />
<br />
== I Have Been Defaulted ==<br />
<br />
<br />
Q. I have been "defaulted" by my bank. What can I do?<br />
<br />
A. This can cause serious problems for a long time. You should try and avoid this if you can, but this will normally have happened before you even begin to start recovering your costs. <br />
Users are currently testing the legality of Default Notices placed as a direct result of charges imposed on the account. Read our Data Protection Act section for more info and guidance.<br />
<br />
---<br />
<br />
Q. I'm sure it was the penalties which put me into a position where I was defaulted. Does this mean I can get it removed?<br />
<br />
A. We believe this is an abusive practice by the Banks. If you decide to recover your charges then when they are offered back to you make sure that part of the deal is that the bank agrees to remove the default entry entirely - not just enter a correction or say that the default has now been satisfied. <br />
<br />
As a 'general' rule, if your charges total was either equal to, or in excess of, the value of the default, then it would be reasonable to assume that the default entry was unfair.<br />
<br />
If the bank refuses to do this then you should refuse to settle and proceed to court. It is most likely that the bank will concede to your request. If they do, then get it in writing immediately and make it clear that you will not interrupt the claim process until it has been done. There is one report of the Nationwide having reneged on its promise to remove the default. If your settlement is subsequently recorded by the judge, make sure that this aspect of default removal is recorded as being part of the deal.<br />
<br />
You can let the bank know that if you are proved right in court, that you will take the view that their default notice is defamatory and is a breach of their duty of trust. This may encourage them to meet all your conditions.<br />
<br />
<br />
== IVA arrangements ==<br />
<br />
<br />
Q. I'm currently on an IVA/debt repayment plan (CCCS or similar). Do I have to notify the Debt Management company that I am doing this? It's not really a 'windfall' is it?<br />
<br />
A. However, we have heard of reports where a Debt Management (DM) company have broken off the agreement because of failure to notify of charges being returned. I think it's best to let the DM company know exactly what you are doing from the start. Be honest with them. They have been with you (well the best ones are ;-) - CCCS for instance).<br />
<br />
<br />
== Business Accounts ==<br />
<br />
<br />
Q. I have a business account. Can I, or my company, still get penalty charges back? <br />
<br />
A. Yes, but on a slightly different basis. To do so, you need to rely on the Common law of contract and the Unfair (Contracts) Terms Act 1977 rather than the 1999 Unfair Terms in Consumer Contracts Regulations, because these deal with business to consumer rather than business to business relationships. If you are trying to recover business charges DO NOT cite the 1999 regulations in your court claim. An amended version of the standard initial letter for businesses is included in the library. <br />
<br />
<br />
== Allocation Questionnaire ==<br />
<br />
<br />
Q. I started a claim a few weeks ago. The bank have put a defence into the court and I have now received an Allocation Questionnaire. It asks me to complete it and send a cheque for £100. Is this right? <br />
<br />
A. Yes, but only if your claim is for over £1500. Don't worry, you will get this back from the bank should you win. If you cannot afford it - phone the court up, they are very sympathetic and may well allow you to pay later. A guide to completing the Allocation Questionnaires is also in the Templates Library.<br />
<br />
---<br />
<br />
Q. The court has said they are dispensing with the Allocation Questionnaire, do I still have to pay the £100 fee?<br />
<br />
A. Yes. The fee is payable within 14 days after the despatch of the notice of allocation to track.<br />
<br />
---<br />
<br />
Q. The bank has responded and left me no choice - I am now prepared to go to court. Where should I address the court papers?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. What if my bank actually lets me get my case to court (by not giving my money back after a claim has been issued)? Will this set a precedent if I win and stop people having to pay these charges ever again?<br />
<br />
<br />
A. No, precedents cannot be set in the County Court. However, it would be OK to bring this case to the attention of the judge in other cases in an attempt to influence his decision.<br />
<br />
<br />
== Can I claim Compensation? ==<br />
<br />
<br />
Q. Can I claim compensation from the bank for the stress that their charges and subsequent debt have caused me.<br />
<br />
A. You would have to provide specific proof of distress caused in order to claim this, which is extremely difficult and rare. It's probably more stress than it's worth.<br />
<br />
---<br />
<br />
Q. Is it OK to completely ignore the section labeled 'FAQ' and just ask the same question as everyone else has before me?<br />
<br />
A. Yes, of course. The Admins and Moderators and Site Helpers would like nothing more than to repeat themselves several hundred times per day. We live for it, really we do. It's not like there's more pressing issues at hand - or people with questions that haven't been answered here.<br />
<br />
<br />
== Can I Change My Username? ==<br />
<br />
We recommend people don't register on the site with their real names as their USER ID. If you have and would like to change it please PM alanfromderby or email admin@consumeractiongroup .co.uk.<br />
<br />
<br />
== Give credit where credit is due ==<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Forum]]<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 00:05, 31 May 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=FAQ&diff=2622FAQ2007-07-18T17:14:30Z<p>Bankfodder: /* Introduction */</p>
<hr />
<div>== Introduction ==<br />
<br />
Read through this and it will save you a lot of tedious posting on the forums and will save a lot of repetitive replies.<br />
<br />
Once you have the basics in mind you will find that you will be able to frame your questions and enter into discussions in a much more profitable way.<br />
<br />
'''Legal FAQs here do not apply to Scotland (Civil procedure)'''<br />
<br />
Scottish FAQs are in preparation.<br />
<br />
<br />
<br />
<br />
<span style="color:blue">Please be aware that all advice here is provided informally by concerned volunteers. This group, The Consumer Forums(through their campaigning groups - The Consumer Action Group & The Bank Action Group - Fighting unlawful practices and bank charges.) holds out no particular expertise or qualification. It is not responsible for the views of it's Users who post here. The Group makes no guarantee of the accuracy of any of the advice or information which is provided on these pages and you are advised to apply your own judgment at all times.</span><br />
<br />
<span style="color:blue">The [[The Consumer Forums]] are merely a campaign and support group.</span><br />
<br />
<br />
<br />
<span style="color:red">If you want to understand [[litigation]] in the [[County Court]] small claims track, then we now recommend [[Patricia Pearl]]'s book: "Small Claims Procedure: [[A Practical Guide]]."</span><br />
<br />
<span style="color:red">This book is excellently laid out and is a thorough but readable guide for the ordinary person who wants to bring any kind of claim in the County Court.</span><br />
<br />
<span style="color:red">[http://www.consumeractiongroup.co.uk/forum/announcement.php?f=92&a=35 See a full review here]</span><br />
<br />
==Can I Claim? ==<br />
Q. I have been charged (£20, £25, £35 etc...) by my bank/credit card company for going over my agreed overdraft limit. This was entirely my own fault. Do I still have grounds to start legal proceedings against them for recovery?<br />
<br />
A. The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you may have grounds to recover your money<br />
<br />
---<br />
<br />
Q. But I have agreed when I opened my account to pay charges on returned direct debits etc and exceeded overdraft limits.<br />
<br />
A. Yes, you did. The banks are entitled to apply these charges, but not at an excessive rate. Penalty charges must be calculated to reflect the losses sustained by the banks when you cause them a problem. No more. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.<br />
<br />
---<br />
<br />
Q. I get charged a £5 (£10, £15) fee every month for an overdraft on my current account. Can I get these back too?<br />
<br />
A. If this is a service you have agreed to, then no - there is nothing unlawful about charging for a service provided.<br />
<br />
== What about £12, can they charge that? ==<br />
<br />
A. NO. The Office of Fair Trading (OFT) issued a directive to credit card companies to set a point at which they (the OFT) would intervene on behalf of the consumer. They did not state that £12 was lawful - in fact they stated that only a court can decide. "A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default"<br />
<br />
In other words - reclaim the full amount unless they are willing to show the evidence of what it does cost.<br />
<br />
<br />
Likewise recent suggestions that Bank charge claims will have to allow for 12.00 charges are untrue...go for the lot...unless they prove otherwise.<br />
<br />
== Can I PM/Email Admin/BankFodder/Dave with regards to my specific case? ==<br />
<br />
Our 'admin' email address receives about 2-3 thousand emails per day with requests for help. Most of these are ignored, not through choice but simply because there are not enough hours in the day. We have families and jobs. If your case is out of the ordinary or is extremely urgent, then you can attempt to PM or email, but due to the sheer volume of requests we cannot guarantee a timely response.<br />
<br />
It is far better to start your own thread where many people can see your progress.<br />
<br />
== Will Claiming Cause Me Problems? ==<br />
<br />
Q. Will suing my bank affect my credit report?<br />
<br />
A. No - unless the Bank closes your account - see below.<br />
<br />
---<br />
<br />
Q. Will the bank close my account?<br />
<br />
A. It doesn't happen often but you should bear it in mind - see below<br />
<br />
---<br />
<br />
Q. Are there any other risks?<br />
<br />
A. There have been instances where the banks have closed or threatened to close accounts by way of retaliation. There is always a risk involved in taking someone to court. If you are in any doubt of your claim, you should contact a qualified professional.<br />
<br />
---<br />
<br />
Q. Can I stop them closing my account?<br />
<br />
A. Although there are some legal arguments against this kind of retaliation, it would be very difficult at the moment. You would normally only be able to try and take action about it after the account closure. We are in the process of testing the legalities of account closures, especially with the Alliance & Leicester.<br />
<br />
---<br />
<br />
Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?<br />
<br />
A. Yes, regardless of if the account is open or closed, you can claim.<br />
<br />
---<br />
<br />
Q. Can I claim back for more than 6 years?<br />
<br />
A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.<br />
<br />
<br />
---<br />
<br />
Q. I am so angry - when this is sorted out, should I close my account?<br />
<br />
A. No - don't close your account. It makes no difference to your bank. Get an account with another bank by all means but do realise that all the banks are the same when things get difficult. Keep your account. You might find it useful one day. Keep a couple of pounds in it and then just don't use it. Having multiple accounts may give you some flexibility.<br />
<br />
---<br />
<br />
Q. Is there any limit to the amount that I can claim?<br />
<br />
A. No. If you keep your claim value under £5000 then the case should stay on the County Court Small Claims Track. This way, if you lose, you shouldn't be liable for costs.<br />
However, there are actually some advantages to claiming above £5000 - this is discussed in greater detail on the forums.<br />
<br />
<br />
---<br />
<br />
Q: We have a joint account, do we both need to apply/sign when reclaiming?<br />
<br />
A: If you both have authority, no.<br />
<br />
---<br />
<br />
== Are there any preparatory steps which I should take? ==<br />
<br />
A: You would be well advised to open at least one bank account elsewhere (you will see this referred to on the site as a "Parachute Account"). If your account is closed, it is likely that the Banks will make an entry which could affect your credit score and make it difficult to get even a debit card in the future. Open a new account when your credit rating is still intact. This will allow you to move smoothly to a different bank if you want. This will reduce the leverage which your present bank has over you.<br />
<br />
---<br />
<br />
Q. Do I have to write a letter to my bank?<br />
<br />
A. Yes, but we have prepared templated letters for you. See our "Bank Templates Library".<br />
<br />
---<br />
<br />
Q. Do I have to put "without prejudice" on the top of my letter?<br />
<br />
A: No, you don't. "Without Prejudice" merely means that the contents of that letter cannot be disclosed to a judge in the course of the hearing of the case. If you really think that you are saying something which you don't want the judge to hear then by all means put "without prejudice". However, most often you will be pleased that the judge knows the whole story. It will tend to be the bank that wishes to keep information hidden. If a letter from the bank or their legal council is marked 'Without Prejudice' you must not show it to the court, unless a judge asks to see it.<br />
<br />
---<br />
<br />
Q. Can I use email?<br />
<br />
A. According to the Civil Procedure Handbook, email is an acceptable way of contacting a second party. However, the banks are not keen on it and don't normally reply with emails, so standard mail has become the norm.<br />
<br />
---<br />
<br />
Q. Do I have to negotiate with my bank before I take action?<br />
<br />
A. You should claim and litigate reasonably so as not to incur unnecessary expenses for yourself or the bank or cause unnecessary trouble for the court. This does not mean that you have to phone them. An acceptable negotiation process will be to use our templated letters - the "Preliminary Approach for Repayment" and the "Letter Before Action"<br />
<br />
---<br />
<br />
Q. Do I have to send a letter before action?<br />
<br />
A. Yes, you should give the bank written notice that you will be suing them.<br />
<br />
---<br />
<br />
== What if I have to sue the bank? ==<br />
<br />
Q. How much notice should I give the bank that I am going to sue them?<br />
<br />
A. Both of our letters give 14 days for a response. Together, these give the banks at least 28 days to settle your claim - an acceptable timescale for a court.<br />
<br />
---<br />
<br />
Q. I'm worried about costs if I lose the case.<br />
<br />
A. If your claim is less than £5000 then it will most likely be conducted within the Smalls Claims procedure of the County Court. Costs are not awarded either to the loser or to the winner unless the case is highly exceptional. The only costs you might lose are the cost of your summons and the reasonable travel expenses of the defendant.<br />
If you win, the only costs you will receive will be your summons fee and your reasonable travel expenses.<br />
<br />
---<br />
<br />
Q. Supposing I have a lawyer. Can't I get the costs of that legal help?<br />
<br />
A. No, but neither can the Defendant. You should NOT need a lawyer.<br />
<br />
---<br />
<br />
Q. Can I claim interest?<br />
<br />
<br />
A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:<br />
"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"<br />
<br />
You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:<br />
0.00022 X the amount of your claim – this gives you the daily rate of interest. There is a guide within the N! Particular of claim template.<br />
<br />
---<br />
<br />
== Which Track ==<br />
<br />
Q. When referring to the "track" of the County Courts, does the £5000 limit include interest and costs?<br />
<br />
<br />
A. No, it doesn't. You can claim up to £5000 net of costs and interest and this will not affect the track allocation. However, in determining court costs only, the value of your claim will be the charges total PLUS any interest claimed. If this is the case, then court costs will be set at £250 rather than £120.<br />
Remember though, that these court costs will be reclaimable should you win....<br />
<br />
---<br />
<br />
== How or Where do I start my claim? ==<br />
Q. How / where do I start my claim?<br />
<br />
<br />
A. You have 3 options.....<br />
<br />
(1) Go to your local County Court. Ask for an N1 claims pack and the forms required will be made available, usually with some guidance notes.<br />
<br />
<br />
(2) Download a PDF version of the N1 form from our Templates Library. <br />
<br />
In both of these cases, you can use the "Particulars of Claim" - also available in our Library - to complete the forms. Make 3 copies of this form - 1 for your own records and 2 to give to the court.<br />
<br />
We also advise submitting copies of the 'schedule of charges' detailing dates, amounts and interest accrued with these forms - even if you have previously sent them to the bank.<br />
<br />
<br />
(3) An alternative is to start your action on-line at www.Moneyclaim.gov.uk You will need a credit card to pay the summons fee. The space given for the Particulars of Claim in this method are limited and you should seek advise when either altering our templated version or producing your own.<br />
<br />
This method can ONLY be used if money is the only thing being claimed. However, you must make sure that the bank has received a schedule of your charges at least twice during your preparatory correspondence.<br />
<br />
---<br />
<br />
Q. What happens if I make a mistake in my summons if I do it on-line? Can I correct it?<br />
<br />
<br />
A. Moneyclaim have a very helpful help desk. You can phone them in office hours and they will tell you what to do. Their number is 0845-601 5935 - They will not give you legal advice.<br />
<br />
== Which Address ==<br />
Q. Where should I address any of the standard letters?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. I have sent a Data Protection Act request. When does the 40 day period begin?<br />
<br />
<br />
A. The Data Protection Act request takes effect when a fully paid request reaches the appropriate person in the organisation. If the request is correctly addressed then you can deem 1st class mail to have been delivered in 2 working days. To ensure that they cannot deny having received your request, it is advisable to send by recorded delivery.<br />
<br />
<br />
== I Have Been Defaulted ==<br />
<br />
<br />
Q. I have been "defaulted" by my bank. What can I do?<br />
<br />
A. This can cause serious problems for a long time. You should try and avoid this if you can, but this will normally have happened before you even begin to start recovering your costs. <br />
Users are currently testing the legality of Default Notices placed as a direct result of charges imposed on the account. Read our Data Protection Act section for more info and guidance.<br />
<br />
---<br />
<br />
Q. I'm sure it was the penalties which put me into a position where I was defaulted. Does this mean I can get it removed?<br />
<br />
A. We believe this is an abusive practice by the Banks. If you decide to recover your charges then when they are offered back to you make sure that part of the deal is that the bank agrees to remove the default entry entirely - not just enter a correction or say that the default has now been satisfied. <br />
<br />
As a 'general' rule, if your charges total was either equal to, or in excess of, the value of the default, then it would be reasonable to assume that the default entry was unfair.<br />
<br />
If the bank refuses to do this then you should refuse to settle and proceed to court. It is most likely that the bank will concede to your request. If they do, then get it in writing immediately and make it clear that you will not interrupt the claim process until it has been done. There is one report of the Nationwide having reneged on its promise to remove the default. If your settlement is subsequently recorded by the judge, make sure that this aspect of default removal is recorded as being part of the deal.<br />
<br />
You can let the bank know that if you are proved right in court, that you will take the view that their default notice is defamatory and is a breach of their duty of trust. This may encourage them to meet all your conditions.<br />
<br />
<br />
== IVA arrangements ==<br />
<br />
<br />
Q. I'm currently on an IVA/debt repayment plan (CCCS or similar). Do I have to notify the Debt Management company that I am doing this? It's not really a 'windfall' is it?<br />
<br />
A. However, we have heard of reports where a Debt Management (DM) company have broken off the agreement because of failure to notify of charges being returned. I think it's best to let the DM company know exactly what you are doing from the start. Be honest with them. They have been with you (well the best ones are ;-) - CCCS for instance).<br />
<br />
<br />
== Business Accounts ==<br />
<br />
<br />
Q. I have a business account. Can I, or my company, still get penalty charges back? <br />
<br />
A. Yes, but on a slightly different basis. To do so, you need to rely on the Common law of contract and the Unfair (Contracts) Terms Act 1977 rather than the 1999 Unfair Terms in Consumer Contracts Regulations, because these deal with business to consumer rather than business to business relationships. If you are trying to recover business charges DO NOT cite the 1999 regulations in your court claim. An amended version of the standard initial letter for businesses is included in the library. <br />
<br />
<br />
== Allocation Questionnaire ==<br />
<br />
<br />
Q. I started a claim a few weeks ago. The bank have put a defence into the court and I have now received an Allocation Questionnaire. It asks me to complete it and send a cheque for £100. Is this right? <br />
<br />
A. Yes, but only if your claim is for over £1500. Don't worry, you will get this back from the bank should you win. If you cannot afford it - phone the court up, they are very sympathetic and may well allow you to pay later. A guide to completing the Allocation Questionnaires is also in the Templates Library.<br />
<br />
---<br />
<br />
Q. The court has said they are dispensing with the Allocation Questionnaire, do I still have to pay the £100 fee?<br />
<br />
A. Yes. The fee is payable within 14 days after the despatch of the notice of allocation to track.<br />
<br />
---<br />
<br />
Q. The bank has responded and left me no choice - I am now prepared to go to court. Where should I address the court papers?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. What if my bank actually lets me get my case to court (by not giving my money back after a claim has been issued)? Will this set a precedent if I win and stop people having to pay these charges ever again?<br />
<br />
<br />
A. No, precedents cannot be set in the County Court. However, it would be OK to bring this case to the attention of the judge in other cases in an attempt to influence his decision.<br />
<br />
<br />
== Can I claim Compensation? ==<br />
<br />
<br />
Q. Can I claim compensation from the bank for the stress that their charges and subsequent debt have caused me.<br />
<br />
A. You would have to provide specific proof of distress caused in order to claim this, which is extremely difficult and rare. It's probably more stress than it's worth.<br />
<br />
---<br />
<br />
Q. Is it OK to completely ignore the section labeled 'FAQ' and just ask the same question as everyone else has before me?<br />
<br />
A. Yes, of course. The Admins and Moderators and Site Helpers would like nothing more than to repeat themselves several hundred times per day. We live for it, really we do. It's not like there's more pressing issues at hand - or people with questions that haven't been answered here.<br />
<br />
<br />
== Can I Change My Username? ==<br />
<br />
We recommend people don't register on the site with their real names as their USER ID. If you have and would like to change it please PM alanfromderby or email admin@consumeractiongroup .co.uk.<br />
<br />
<br />
== Give credit where credit is due ==<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Forum]]<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 00:05, 31 May 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2612Guide to reclaiming bank charges2007-07-17T18:33:46Z<p>Bankfodder: /* How To Deal With Offers */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting a list of your bank charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of penalty charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these bank charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total bank charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the penalty charge they put on your account for going over your overdraft limit. This penalty charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of penalty charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your penalty charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumerforums.com The Consumer Forums and THE CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2611Guide to reclaiming bank charges2007-07-17T18:31:15Z<p>Bankfodder: /* Step 3 - Letter Before Action */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting a list of your bank charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of penalty charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these bank charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total bank charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the penalty charge they put on your account for going over your overdraft limit. This penalty charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of penalty charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your penalty charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2610Guide to reclaiming bank charges2007-07-17T18:30:37Z<p>Bankfodder: /* Things You Can And Can't Claim For */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting a list of your bank charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of penalty charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these bank charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total bank charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the penalty charge they put on your account for going over your overdraft limit. This penalty charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2609Guide to reclaiming bank charges2007-07-17T18:27:48Z<p>Bankfodder: /* Step 1 - Getting your list of your bank charges. */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting a list of your bank charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2608Guide to reclaiming bank charges2007-07-17T18:27:19Z<p>Bankfodder: /* Step 1 - Getting your list of charges. */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting your list of your bank charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2607Guide to reclaiming bank charges2007-07-17T18:26:48Z<p>Bankfodder: /* Step 1 - Getting your list of charges. */</p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting your list of charges. ==<br />
<br />
Send the Consumer Forums [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Guide_to_reclaiming_bank_charges&diff=2606Guide to reclaiming bank charges2007-07-17T18:26:09Z<p>Bankfodder: </p>
<hr />
<div>(Scottish Claimants should read [[Scottish Step by Step]])<br />
<br />
== Introduction ==<br />
<br />
This Consumer Forums guide will help you to recover '''YOUR MONEY''', which has been unlawfully taken from your account.<br />
<br />
<br />
If you are having doubts about claiming '''YOUR MONEY''' back then look at the [http://www.consumeractiongroup.co.uk/surveyresults.php Survey Results] - to date the Banks have paid out over £11 million to 7748 people across the UK (and that Is ONLY those who have taken the trouble to complete the Survey - it is probably three times that figure or more).<br />
<br />
We would like to expand this winners club so if you would like to become a member just follow the steps in here.<br />
<br />
<br />
== IMPORTANT: Read '[[Things you really need to know]]', before commencing. ==<br />
<br />
----<br />
<br />
<br />
== Preparation ==<br />
<br />
Remember When Your Mother Used To Say<br />
<br />
"Forewarned Is Forearmed"<br />
Well - It's True. <br />
<br />
Make sure you read all the [[Frequently Asked Questions]] and understand what you are about to do. This may seem a little horrific to begin with but don't let yourself be put off by this.<br />
<br />
<br />
We are all your friends now and we have all been in the same boat (read some of our threads - this will also help you).<br />
<br />
<br />
Also study the letters in THE LIBRARY to familiarise yourself with them.<br />
<br />
Reading the TUTORIALS is a must - If you want to be fully prepared!!!<br />
<br />
== Step 1 - Getting your list of charges. ==<br />
<br />
Send the [[Subject Access Request]] letter asking for a list of charges made on your account for the past 6 years (or for the time you have had the account if less than 6 years).<br />
<br />
<br />
We try not to use the phrase "copy statements" since these are not technically covered by the Data Protection Act. The Data Protection Act covers your transaction records. Banks, however, find it much easier to supply you with copy statements. Earlier information may be supllied on Microfiche printouts.<br />
<br />
<br />
Remember<br />
<br />
<br />
The data should be supplied within 40 calender days, ONLY complain to the Information Commissioners Office if the 40 days has expired and not before.<br />
<br />
If the bank doesn't comply within the 40 days, you can send a further letter giving 7 days, and then apply to court. See [[LBA_(SAR)]].<br />
<br />
=== What Interest Do I Claim? ===<br />
<br />
There are different methods to claim interest on your refund.<br />
<br />
1) Overdraft Interest paid by you on the charges<br />
This is the amount of interest the bank charged you for being overdrawn. You can only claim the proportion of interest charged on your charges, as opposed to any charged on spending. The Advanced spreadsheet will help calculate this amount. The Overdraft Interest figures should be included within your Preliminary letters to the bank.<br />
<br />
2) Statutory Interest under section 69 of the County Court Act.<br />
This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1).<br />
<br />
3) Contractual Interest<br />
<br />
There are a lot of discussions on the methods and reasoning behind applying contractual interest to a claim. However, this should ONLY be considered if you fully understand the legal arguments, and be warned that you would be increasing the chances of having to justify your claim in court.<br />
<br />
=== Things You Can And Can't Claim For ===<br />
<br />
<br />
For those that have looked at their statements and may be wondering what they can claim for and why are the descriptions confusing, or whether overdraft interest is claimable as well...Wonder no more.<br />
<br />
You can claim for anything which is deemed a penalty charge,<br />
<br />
which includes:-<br />
<br />
* returned direct debits<br />
<br />
* card misuse fees<br />
* unpaid standing orders<br />
* unpaid item fees<br />
* exceeding your overdraft<br />
* referral fee<br />
* overdraft interest (see below),<br />
* total charges (see below)<br />
<br />
See your induvidual [[bank]] for a more detailed list (thanks - Michael Brown)<br />
<br />
You can NOT claim for: -<br />
<br />
* ATM (cash machine) usage fees<br />
<br />
* an agreed overdraft fee<br />
* account "service" fees<br />
- i.e. where you pay a fixed monthly amount but receive benefits such as free insurance or travel discounts etc<br />
<br />
<br />
Overdraft Interest<br />
<br />
This is the single most confusing part of most people's claims and one of the most frequently asked questions.<br />
<br />
Overdraft interest is applied to your whole overdraft. However, if some of your overdraft is made up from unlawful charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable.<br />
<br />
<br />
Example<br />
<br />
You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore, in this example, you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.<br />
<br />
<br />
Total charges<br />
<br />
Again this is another issue which many people aren't sure about.<br />
<br />
Total charges are reclaimable, they are a separate issue to the other afore-mentioned charges (card misuse, returned d-d's etc), and are not simply all of these charges added together each month. So they are also claimable on top of the other charges.<br />
<br />
"Total charges" refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month.<br />
<br />
<br />
REMEMBER! On the Advanced Spreadsheet Use the Charges and Interest tab. Do Not use the 8% Interest tab until you file your claim with the court (if you reach this stage).<br />
<br />
=== Spreadsheets ===<br />
<br />
SPREADSHEETS to assist with your claim<br />
<br />
<span style="color:red">If you send the bank a letter before you have given them time to pay up (and are not claiming contractual interest), demanding the statutory interest of 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.</span><br />
<br />
<span style="color:red">YOU SHOULD send a SCHEDULE OF CHARGES with your preliminary and LBA letters. We suggest using the interest calculation spreadsheets, and removing the interest column (if its not for contractual interest) before printing to send.</span><br />
<br />
All charges and dates are ficticious, but here are some spreadsheet templates to help you calculate the interest. Simple versions will calculate the 8% APR only, to be used when filing court claim. Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage.<br />
<br />
Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.<br />
<br />
==== Bank Accounts ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
Scotland Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xls Excel]<br />
<br />
[http://www.www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Complex-bank-charges-calc.xlr Works]<br />
<br />
==== Credit Cards ====<br />
<br />
England Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xlr Works]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/BankChargesOO.ods Open Office]<br />
<br />
England Advanced:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-credit-card-charges-calc.xlr Works]<br />
<br />
Scotland Simple:<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls Excel]<br />
<br />
[http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xlr Works]<br />
<br />
== Step 2 - Preliminary Request For Refund. ==<br />
<br />
Send the [[Preliminary Approach For Repayment]] letter together with a copy of the completed schedule of charges spreadsheet above.<br />
<br />
If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.<br />
<br />
<br />
Allow 14 calendar days before the next Step.<br />
<br />
<br />
If they do not reply with a full offer, do not reply at all, or reply saying they are investigating and will contract you in 4 weeks, then STILL move to the NEXT STEP after your 14 calender days.<br />
<br />
== Step 3 - Letter Before Action ==<br />
<br />
Send the [[Letter Before Action]] together with a copy of your schedule of charges [[Guide to reclaiming bank charges#Spreadsheets|spreadsheet]] again if you have not heard from the bank or they do not agree to refund your charges.<br />
<br />
<br />
<br />
<br />
<br />
Again allow 14 <u>calendar</u> days before the next step.<br />
<br />
== Step 4 - Making Your Court Claim ==<br />
<br />
=== Are You Exempt From Court Fees? ===<br />
<br />
Court fees and do you have to pay them?<br />
<br />
If you have difficulty paying the court fees, then you may complete and file an EX160, which can be found here [http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf EXEMPTION FORM].<br />
<br />
Some people do not have to pay court fees by law, this is an exemption.<br />
Others do not pay the whole court fee because the court has decided that if they paid it, they would suffer financial hardship. They are allowed to pay a reduced fee or sometimes no fee at all. This is a remission.<br />
<br />
Exemption speaks for itself, if you can prove a particular set of circumstances then your fees are waived. For example, if you are receipt of certain benefits you will automatically be exempt from paying court fees. The courts do not lose out as the notional fees that are waived are added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds.<br />
<br />
A remission is at the discretion of the court staff and it may be partial or total remission. The court staff do have a great deal of discretion and if you can demonstrate that paying the fees will cause you financial hardship then you should file an EX160 and take it to the court with you along with any evidence that you have that you feel may be useful, such as bank statements for example.<br />
<br />
At all times the staff must ensure that they meet the statutory obligation contained in S92(3) of the Courts Act 2003 of protecting access to justice.<br />
<br />
"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."<br />
<br />
In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.<br />
<br />
Therefore, even if you are not exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.<br />
<br />
You cannot use MCOL and also apply for a remission or exemption however, this must be done at a court using an EX160 form.<br />
<br />
The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc<br />
<br />
=== Filing Your Claim ===<br />
<br />
It is best to use the bank's registered office address for the court form so look at the [[Banks]] section to obtain it.<br />
<br />
<br />
Complete the [http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf CLAIM FORM]<br />
<br />
<br />
<br />
Copy and paste the [[Particulars Of Claim]] onto your claim form <b>*remove things that don’t apply*</b> (this probably won't fit onto the claim form so cut and paste each paragraph separately and put anything that won't fit on a separate sheet).<br />
<br />
<br />
<br />
<br />
Things to remember: -<br />
<br />
* At this point you claim the 8% interest, so don’t forget to include this in the Value section.<br />
* If you have any debt with the bank and you do not want them to pay this off with your refund then state that the payment is to be made by cheque.<br />
* You will need 3 copies for the court (1 will be copy returned to you with a court seal).<br />
* Don’t forget to include 2 copies of your schedule of charges with the 8% interest calculations<br />
<br />
<br />
Or<br />
<br />
<br />
Register your Claim on line ([https://www.moneyclaim.gov.uk/csmco2/index.jsp MCOL]).<br />
([[Particulars Of Claim(Money Claim)|Use this as a Template]])<br />
<br />
<br />
You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.<br />
<br />
<br />
You can only use the online version if your claim is for "money only" ie if you are claiming for default removal then use the N1 form.<br />
<br />
== Step 5 - Notice Of Issue ==<br />
<br />
Once you have made a claim at court you will be sent a Notice Of Issue<br />
<br />
<br />
<br />
You can find an example here: -<br />
<br />
http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf<br />
<br />
== Step 6 - What Next? The Court Process ==<br />
<br />
Once your claim is issued it will be SERVED on the bank (DEFENDANT) within 4 days.<br />
<br />
The Defendant then has 14 days in which to ACKNOWLEDGE your claim.<br />
<br />
This is just them returning a form to the court acknowledging receipt and expressing their intent to DEFEND.<br />
<br />
Once the Defendant has ACKNOWLEDGED the claim, the time limit extends to 28 DAYS FROM SERVICE of the claim, for them to enter their DEFENCE at the court.<br />
<br />
You will be sent a copy of the DEFENCE by the court, and probably a copy from the banks solicitors/legal department.<br />
<br />
If you do not receive a DEFENCE within 28 from SERVICE of your claim please make a post on the forum and we will be able to advise you of your options.<br />
<br />
=== Default Judgement? ===<br />
<br />
If you do not receive an Acknowledgement of Service or a defence from the Defendants then you are faced with two options.<br />
<br />
<br />
<br />
Option one is to go for a Judgment in Default and option two is to write to the Defendants and offer them one final opportunity to respond to your claim.<br />
<br />
==== Option One - File for a Judgement in Default ====<br />
<br />
<br />
In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an <b>N227 Request for Judgment by default</b> or complete the <i>Request for Judgment</i> section of the <b>N205A Notice of Issue</b> the court sent you when you filed your claim.<br />
<br />
<br />
Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a <i>Warrant of Execution</i> by completing and filing an <b>N323 Request for Warrant of Execution.</b> If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.<br />
<br />
<br />
At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.<br />
<br />
<br />
Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.<br />
<br />
<br />
In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.<br />
<br />
<br />
If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.<br />
<br />
<br />
However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.<br />
<br />
<br />
The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.<br />
<br />
<br />
If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form <b>N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.</b><br />
<br />
<br />
When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:<br />
<br />
* the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and<br />
* the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.<br />
<br />
As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.<br />
<br />
==== Option Two - Give the defendant extra time ====<br />
<br />
An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.<br />
<br />
<br />
<br />
Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.<br />
<br />
<br />
In the case of <b>Masters -v- Leaver[1999]EWCA Civ 2016</b> it was held that a Judgment in Default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.<br />
<br />
<br />
<br />
Therefore, it might be wise to give more time simply because, by writing a letter such as the one [[Giving The Banks More Time Letter|here]], you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.<br />
<br />
<br />
In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.<br />
<br />
<br />
Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.<br />
<br />
<br />
If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants may apply for a stay of execution.<br />
<br />
<br />
A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.<br />
<br />
<br />
Of course, by far the best course of action for you is that the bank pay before you have to resort to issuing Judgment in Default or executing any warrants.<br />
<br />
<br />
Contrary to what you may think, you should <i>welcome</i> a defence as it means your claim is progressing as it should.<br />
<br />
<br />
However, if you have already obtained a Judgment in Default then, once you have received the <b>N30 Judgment for claimant (in default)</b> you have an opportunity to contact the Defendant once again, with the above letter and enclose a copy of the <b>N30 Judgment for claimant (in default)</b> prior applying for a <i>Warrant of Execution</i>. This may just help them to make a sensible decision about your claim.<br />
<br />
<br />
===== Links to Forms =====<br />
<br />
[http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf N227 Request for Judgment by default]<br />
<br />
[http://www.londoncouncils.gov.uk/upload/public/attachments/729/n323_eng.pdf N323Request for Warrant of Execution]<br />
<br />
[http://www.hmrc.gov.uk/manuals/recmanual/attachments/rec4529b.pdf N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession]<br />
<br />
== Step 7 - After The Defence ==<br />
<br />
<br />
When you receive the DEFENCE from the court, you will also receive an ALLOCATION QUESTIONNAIRE.<br />
<br />
<br />
This will need to be completed and returned to the court within 7 Days.<br />
<br />
<br />
If you claim totals over £1500 you will be asked to pay a fee of £100 to the court.<br />
<br />
<br />
There is a guide to complete this form [[Allocation Qustionnaire(guide)|here]]<br />
<br />
<br />
This Questionnaire enables the court to ALLOCATE a Hearing Date, and issue DIRECTIONS to both parties to proceed with the claim.<br />
<br />
== Step 8 - A Court Date ==<br />
<br />
<br />
Within a few weeks of returning your ALLOCATION QUESTIONNAIRE you will receive a letter from the court detailing a court date and time, a type of hearing, and may include further DIRECTIONS from the District Judge to aid the progress of your claim.<br />
<br />
<br />
These DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing.<br />
<br />
<br />
Please take notice of this letter and act on it in a timely manner. If you are unsure how to comply with the DIRECTIONS please post on the forums with full details for assistance.<br />
<br />
== How To Deal With Offers ==<br />
<br />
<br />
When (not if) you receive your offer, make sure it is for the Full amount (why accept anything less).<br />
<br />
<br />
If it is not, then send a [[Rejection Of Offer]] letter.<br />
<br />
<br />
ONCE YOU RECEIVE YOUR MONEY/FULL OFFER, DON’T FORGET TO: -<br />
<br />
* PM A MOD (TO MOVE YOU'RE THREAD TO THE WINNERS SECTION)<br />
* WRITE TO THE COURT (LET THEM KNOW YOUR CLAIM HAS BEEN SETTLED.)<br />
* COMPLETE THE SURVEY (AS THIS WILL ENCOURAGE OTHERS TO DO THE SAME).<br />
* AND REMEMBER THAT VOLUNTARY DONATIONS HELP TO KEEP THIS SITE RUNNING, (HELPING OTHERS TO CLAIM BACK THEIR CHARGES).<br />
<br />
<br />
MANY THANKS FROM THE [http://www.consumeractiongroup.co.uk CONSUMER ACTION GROUP].<br />
<br />
== Need A Boost ==<br />
<br />
Then now is the time to visit the Welcome Forum - where you will find many people ready and willing to get get you started.<br />
<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/ LINKY]'''<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
<br />
<br />
<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 03:19, 20 June 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2474Main Page2007-07-13T05:23:47Z<p>Bankfodder: /* Claiming Bank Charges */</p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publicly editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many tens of thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
You can also buy [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of more than 155,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assertion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk The Consumer Forums main page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all! (Now defunct)<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2473Main Page2007-07-13T05:23:01Z<p>Bankfodder: /* Claiming Bank Charges */</p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publicly editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many tens of thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
You can also buy [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of 150,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assersion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk The Consumer Forums main page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all! (Now defunct)<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2472Main Page2007-07-13T05:22:10Z<p>Bankfodder: /* Claiming Bank Charges */</p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publicly editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many tens of thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
We also sell [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of 150,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assersion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk The Consumer Forums main page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all! (Now defunct)<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=FAQ&diff=2468FAQ2007-07-12T20:48:52Z<p>Bankfodder: /* Can I PM/Email Admin/Bank Fodder/Dave with regards to my specific case? */</p>
<hr />
<div>== Introduction ==<br />
<br />
Read through this and it will save you a lot of tedious posting on the forums and will save a lot of repetitive replies.<br />
<br />
Once you have the basics in mind you will find that you will be able to frame your questions and enter into discussions in a much more profitable way.<br />
<br />
'''Legal FAQs here do not apply to Scotland (Civil procedure)'''<br />
<br />
Scottish FAQs are in preparation.<br />
<br />
<br />
<br />
<br />
<span style="color:blue">Please be aware that all advice here is provided informally by concerned volunteers. This group (The Consumer Action Group & Bank Action Group - Fighting unlawful practices and bank charges.) holds out no particular expertise or qualification. It is not responsible for the views of it's Users who post here. The Group makes no guarantee of the accuracy of any of the advice or information which is provided on these pages and you are advised to apply your own judgment at all times.</span><br />
<br />
<span style="color:blue">The [[Consumer Action Group]] is merely a campaign and support group.</span><br />
<br />
<br />
<br />
<span style="color:red">If you want to understand [[litigation]] in the [[County Court]] small claims track, then we now recommend [[Patricia Pearl]]'s book: "Small Claims Procedure: [[A Practical Guide]]."</span><br />
<br />
<span style="color:red">This book is excellently laid out and is a thorough but readable guide for the ordinary person who wants to bring any kind of claim in the County Court.</span><br />
<br />
<span style="color:red">[http://www.consumeractiongroup.co.uk/forum/announcement.php?f=92&a=35 See a full review here]</span><br />
<br />
==Can I Claim? ==<br />
Q. I have been charged (£20, £25, £35 etc...) by my bank/credit card company for going over my agreed overdraft limit. This was entirely my own fault. Do I still have grounds to start legal proceedings against them for recovery?<br />
<br />
A. The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you may have grounds to recover your money<br />
<br />
---<br />
<br />
Q. But I have agreed when I opened my account to pay charges on returned direct debits etc and exceeded overdraft limits.<br />
<br />
A. Yes, you did. The banks are entitled to apply these charges, but not at an excessive rate. Penalty charges must be calculated to reflect the losses sustained by the banks when you cause them a problem. No more. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.<br />
<br />
---<br />
<br />
Q. I get charged a £5 (£10, £15) fee every month for an overdraft on my current account. Can I get these back too?<br />
<br />
A. If this is a service you have agreed to, then no - there is nothing unlawful about charging for a service provided.<br />
<br />
== What about £12, can they charge that? ==<br />
<br />
A. NO. The Office of Fair Trading (OFT) issued a directive to credit card companies to set a point at which they (the OFT) would intervene on behalf of the consumer. They did not state that £12 was lawful - in fact they stated that only a court can decide. "A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default"<br />
<br />
In other words - reclaim the full amount unless they are willing to show the evidence of what it does cost.<br />
<br />
<br />
Likewise recent suggestions that Bank charge claims will have to allow for 12.00 charges are untrue...go for the lot...unless they prove otherwise.<br />
<br />
== Can I PM/Email Admin/BankFodder/Dave with regards to my specific case? ==<br />
<br />
Our 'admin' email address receives about 2-3 thousand emails per day with requests for help. Most of these are ignored, not through choice but simply because there are not enough hours in the day. We have families and jobs. If your case is out of the ordinary or is extremely urgent, then you can attempt to PM or email, but due to the sheer volume of requests we cannot guarantee a timely response.<br />
<br />
It is far better to start your own thread where many people can see your progress.<br />
<br />
== Will Claiming Cause Me Problems? ==<br />
<br />
Q. Will suing my bank affect my credit report?<br />
<br />
A. No - unless the Bank closes your account - see below.<br />
<br />
---<br />
<br />
Q. Will the bank close my account?<br />
<br />
A. It doesn't happen often but you should bear it in mind - see below<br />
<br />
---<br />
<br />
Q. Are there any other risks?<br />
<br />
A. There have been instances where the banks have closed or threatened to close accounts by way of retaliation. There is always a risk involved in taking someone to court. If you are in any doubt of your claim, you should contact a qualified professional.<br />
<br />
---<br />
<br />
Q. Can I stop them closing my account?<br />
<br />
A. Although there are some legal arguments against this kind of retaliation, it would be very difficult at the moment. You would normally only be able to try and take action about it after the account closure. We are in the process of testing the legalities of account closures, especially with the Alliance & Leicester.<br />
<br />
---<br />
<br />
Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?<br />
<br />
A. Yes, regardless of if the account is open or closed, you can claim.<br />
<br />
---<br />
<br />
Q. Can I claim back for more than 6 years?<br />
<br />
A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.<br />
<br />
<br />
---<br />
<br />
Q. I am so angry - when this is sorted out, should I close my account?<br />
<br />
A. No - don't close your account. It makes no difference to your bank. Get an account with another bank by all means but do realise that all the banks are the same when things get difficult. Keep your account. You might find it useful one day. Keep a couple of pounds in it and then just don't use it. Having multiple accounts may give you some flexibility.<br />
<br />
---<br />
<br />
Q. Is there any limit to the amount that I can claim?<br />
<br />
A. No. If you keep your claim value under £5000 then the case should stay on the County Court Small Claims Track. This way, if you lose, you shouldn't be liable for costs.<br />
However, there are actually some advantages to claiming above £5000 - this is discussed in greater detail on the forums.<br />
<br />
<br />
---<br />
<br />
Q: We have a joint account, do we both need to apply/sign when reclaiming?<br />
<br />
A: If you both have authority, no.<br />
<br />
---<br />
<br />
== Are there any preparatory steps which I should take? ==<br />
<br />
A: You would be well advised to open at least one bank account elsewhere (you will see this referred to on the site as a "Parachute Account"). If your account is closed, it is likely that the Banks will make an entry which could affect your credit score and make it difficult to get even a debit card in the future. Open a new account when your credit rating is still intact. This will allow you to move smoothly to a different bank if you want. This will reduce the leverage which your present bank has over you.<br />
<br />
---<br />
<br />
Q. Do I have to write a letter to my bank?<br />
<br />
A. Yes, but we have prepared templated letters for you. See our "Bank Templates Library".<br />
<br />
---<br />
<br />
Q. Do I have to put "without prejudice" on the top of my letter?<br />
<br />
A: No, you don't. "Without Prejudice" merely means that the contents of that letter cannot be disclosed to a judge in the course of the hearing of the case. If you really think that you are saying something which you don't want the judge to hear then by all means put "without prejudice". However, most often you will be pleased that the judge knows the whole story. It will tend to be the bank that wishes to keep information hidden. If a letter from the bank or their legal council is marked 'Without Prejudice' you must not show it to the court, unless a judge asks to see it.<br />
<br />
---<br />
<br />
Q. Can I use email?<br />
<br />
A. According to the Civil Procedure Handbook, email is an acceptable way of contacting a second party. However, the banks are not keen on it and don't normally reply with emails, so standard mail has become the norm.<br />
<br />
---<br />
<br />
Q. Do I have to negotiate with my bank before I take action?<br />
<br />
A. You should claim and litigate reasonably so as not to incur unnecessary expenses for yourself or the bank or cause unnecessary trouble for the court. This does not mean that you have to phone them. An acceptable negotiation process will be to use our templated letters - the "Preliminary Approach for Repayment" and the "Letter Before Action"<br />
<br />
---<br />
<br />
Q. Do I have to send a letter before action?<br />
<br />
A. Yes, you should give the bank written notice that you will be suing them.<br />
<br />
---<br />
<br />
== What if I have to sue the bank? ==<br />
<br />
Q. How much notice should I give the bank that I am going to sue them?<br />
<br />
A. Both of our letters give 14 days for a response. Together, these give the banks at least 28 days to settle your claim - an acceptable timescale for a court.<br />
<br />
---<br />
<br />
Q. I'm worried about costs if I lose the case.<br />
<br />
A. If your claim is less than £5000 then it will most likely be conducted within the Smalls Claims procedure of the County Court. Costs are not awarded either to the loser or to the winner unless the case is highly exceptional. The only costs you might lose are the cost of your summons and the reasonable travel expenses of the defendant.<br />
If you win, the only costs you will receive will be your summons fee and your reasonable travel expenses.<br />
<br />
---<br />
<br />
Q. Supposing I have a lawyer. Can't I get the costs of that legal help?<br />
<br />
A. No, but neither can the Defendant. You should NOT need a lawyer.<br />
<br />
---<br />
<br />
Q. Can I claim interest?<br />
<br />
<br />
A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:<br />
"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"<br />
<br />
You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:<br />
0.00022 X the amount of your claim – this gives you the daily rate of interest. There is a guide within the N! Particular of claim template.<br />
<br />
---<br />
<br />
== Which Track ==<br />
<br />
Q. When referring to the "track" of the County Courts, does the £5000 limit include interest and costs?<br />
<br />
<br />
A. No, it doesn't. You can claim up to £5000 net of costs and interest and this will not affect the track allocation. However, in determining court costs only, the value of your claim will be the charges total PLUS any interest claimed. If this is the case, then court costs will be set at £250 rather than £120.<br />
Remember though, that these court costs will be reclaimable should you win....<br />
<br />
---<br />
<br />
== How or Where do I start my claim? ==<br />
Q. How / where do I start my claim?<br />
<br />
<br />
A. You have 3 options.....<br />
<br />
(1) Go to your local County Court. Ask for an N1 claims pack and the forms required will be made available, usually with some guidance notes.<br />
<br />
<br />
(2) Download a PDF version of the N1 form from our Templates Library. <br />
<br />
In both of these cases, you can use the "Particulars of Claim" - also available in our Library - to complete the forms. Make 3 copies of this form - 1 for your own records and 2 to give to the court.<br />
<br />
We also advise submitting copies of the 'schedule of charges' detailing dates, amounts and interest accrued with these forms - even if you have previously sent them to the bank.<br />
<br />
<br />
(3) An alternative is to start your action on-line at www.Moneyclaim.gov.uk You will need a credit card to pay the summons fee. The space given for the Particulars of Claim in this method are limited and you should seek advise when either altering our templated version or producing your own.<br />
<br />
This method can ONLY be used if money is the only thing being claimed. However, you must make sure that the bank has received a schedule of your charges at least twice during your preparatory correspondence.<br />
<br />
---<br />
<br />
Q. What happens if I make a mistake in my summons if I do it on-line? Can I correct it?<br />
<br />
<br />
A. Moneyclaim have a very helpful help desk. You can phone them in office hours and they will tell you what to do. Their number is 0845-601 5935 - They will not give you legal advice.<br />
<br />
== Which Address ==<br />
Q. Where should I address any of the standard letters?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. I have sent a Data Protection Act request. When does the 40 day period begin?<br />
<br />
<br />
A. The Data Protection Act request takes effect when a fully paid request reaches the appropriate person in the organisation. If the request is correctly addressed then you can deem 1st class mail to have been delivered in 2 working days. To ensure that they cannot deny having received your request, it is advisable to send by recorded delivery.<br />
<br />
<br />
== I Have Been Defaulted ==<br />
<br />
<br />
Q. I have been "defaulted" by my bank. What can I do?<br />
<br />
A. This can cause serious problems for a long time. You should try and avoid this if you can, but this will normally have happened before you even begin to start recovering your costs. <br />
Users are currently testing the legality of Default Notices placed as a direct result of charges imposed on the account. Read our Data Protection Act section for more info and guidance.<br />
<br />
---<br />
<br />
Q. I'm sure it was the penalties which put me into a position where I was defaulted. Does this mean I can get it removed?<br />
<br />
A. We believe this is an abusive practice by the Banks. If you decide to recover your charges then when they are offered back to you make sure that part of the deal is that the bank agrees to remove the default entry entirely - not just enter a correction or say that the default has now been satisfied. <br />
<br />
As a 'general' rule, if your charges total was either equal to, or in excess of, the value of the default, then it would be reasonable to assume that the default entry was unfair.<br />
<br />
If the bank refuses to do this then you should refuse to settle and proceed to court. It is most likely that the bank will concede to your request. If they do, then get it in writing immediately and make it clear that you will not interrupt the claim process until it has been done. There is one report of the Nationwide having reneged on its promise to remove the default. If your settlement is subsequently recorded by the judge, make sure that this aspect of default removal is recorded as being part of the deal.<br />
<br />
You can let the bank know that if you are proved right in court, that you will take the view that their default notice is defamatory and is a breach of their duty of trust. This may encourage them to meet all your conditions.<br />
<br />
<br />
== IVA arrangements ==<br />
<br />
<br />
Q. I'm currently on an IVA/debt repayment plan (CCCS or similar). Do I have to notify the Debt Management company that I am doing this? It's not really a 'windfall' is it?<br />
<br />
A. However, we have heard of reports where a Debt Management (DM) company have broken off the agreement because of failure to notify of charges being returned. I think it's best to let the DM company know exactly what you are doing from the start. Be honest with them. They have been with you (well the best ones are ;-) - CCCS for instance).<br />
<br />
<br />
== Business Accounts ==<br />
<br />
<br />
Q. I have a business account. Can I, or my company, still get penalty charges back? <br />
<br />
A. Yes, but on a slightly different basis. To do so, you need to rely on the Common law of contract and the Unfair (Contracts) Terms Act 1977 rather than the 1999 Unfair Terms in Consumer Contracts Regulations, because these deal with business to consumer rather than business to business relationships. If you are trying to recover business charges DO NOT cite the 1999 regulations in your court claim. An amended version of the standard initial letter for businesses is included in the library. <br />
<br />
<br />
== Allocation Questionnaire ==<br />
<br />
<br />
Q. I started a claim a few weeks ago. The bank have put a defence into the court and I have now received an Allocation Questionnaire. It asks me to complete it and send a cheque for £100. Is this right? <br />
<br />
A. Yes, but only if your claim is for over £1500. Don't worry, you will get this back from the bank should you win. If you cannot afford it - phone the court up, they are very sympathetic and may well allow you to pay later. A guide to completing the Allocation Questionnaires is also in the Templates Library.<br />
<br />
---<br />
<br />
Q. The court has said they are dispensing with the Allocation Questionnaire, do I still have to pay the £100 fee?<br />
<br />
A. Yes. The fee is payable within 14 days after the despatch of the notice of allocation to track.<br />
<br />
---<br />
<br />
Q. The bank has responded and left me no choice - I am now prepared to go to court. Where should I address the court papers?<br />
<br />
<br />
A. You can send it to any of their registered addresses. Sending it to the branch or the Head Office is the norm. Addresses can normally be found in each of the specific bank forums.<br />
<br />
---<br />
<br />
Q. What if my bank actually lets me get my case to court (by not giving my money back after a claim has been issued)? Will this set a precedent if I win and stop people having to pay these charges ever again?<br />
<br />
<br />
A. No, precedents cannot be set in the County Court. However, it would be OK to bring this case to the attention of the judge in other cases in an attempt to influence his decision.<br />
<br />
<br />
== Can I claim Compensation? ==<br />
<br />
<br />
Q. Can I claim compensation from the bank for the stress that their charges and subsequent debt have caused me.<br />
<br />
A. You would have to provide specific proof of distress caused in order to claim this, which is extremely difficult and rare. It's probably more stress than it's worth.<br />
<br />
---<br />
<br />
Q. Is it OK to completely ignore the section labeled 'FAQ' and just ask the same question as everyone else has before me?<br />
<br />
A. Yes, of course. The Admins and Moderators and Site Helpers would like nothing more than to repeat themselves several hundred times per day. We live for it, really we do. It's not like there's more pressing issues at hand - or people with questions that haven't been answered here.<br />
<br />
<br />
== Can I Change My Username? ==<br />
<br />
We recommend people don't register on the site with their real names as their USER ID. If you have and would like to change it please PM alanfromderby or email admin@consumeractiongroup .co.uk.<br />
<br />
<br />
== Give credit where credit is due ==<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Forum]]<br />
<br />
<br />
'''''Page Created By [[User:Me01273|Me01273]] 00:05, 31 May 2007 (BST)'''''</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2467Main Page2007-07-12T20:47:15Z<p>Bankfodder: /* Links */</p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publicly editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
We also sell [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of 150,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assersion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk The Consumer Forums main page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all! (Now defunct)<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2466Main Page2007-07-12T20:43:28Z<p>Bankfodder: </p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publicly editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
We also sell [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of 150,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assersion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk ConsumerActionGroup Main Page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all!<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodderhttp://consumerwiki.co.uk/index.php?title=Main_Page&diff=2465Main Page2007-07-12T20:42:23Z<p>Bankfodder: </p>
<hr />
<div>{{index|date=May 2007}}<br />
[[Image:edit.png|thumb|250px|right|[[How to edit the Wiki]]]]<br />
<br />
==Welcome to the [[The Consumer Forums]] Wiki==<br />
<br />
We are an Internet based support forum, concerned with all aspects of Consumer Rights, although the area of greatest concern at the moment is the question of unlawfully applied penalty bank charges. <br />
<br />
We provide free advice, support, encouragement and materials to anybody who wants to assert their rights in respect of any consumer abuse by large and faceless corporations. We attempt to empower ordinary people and to reawaken the slumbering culture of Consumerism: Reclaim the Right!<br />
<br />
Whilst every effort is made to ensure the accuracy of the information held in the wiki, it IS a publically editable resource and therefore no guarantee can be made of it's accuracy or authenticity.<br />
<br />
==Claiming Bank Charges==<br />
<br />
Where to start?<br />
<br />
Firstly we recommend that you start with reading the [[Frequently Asked Questions]] and the [[Guide to reclaiming bank charges]].<br />
<br />
Many people (many thousands of people) have already been through what you are probably going through now. Learn from their experience.<br />
<br />
On the [[discussion forum]] there are a list of claims that have been settled and those that have been to court. If your claim ends up in court (and expect that it will, despite how unlikely this is) then we also have a [[buddy system]].<br />
<br />
We also sell [[CAG email addresses]] at our domain name; users have found that they are taken more seriously by their bank when they are contacted from one of these addresses. It shows them that you have the support of 150,000 users and free legal advice. They are also aware of our ethos of NOT giving up and our assersion that YOU are taking control of the situation, NOT them.<br />
<br />
We provide a FREE monthly [[newsletter]] outlining the status of the campaign. Useful information and links are also included.<br />
<br />
==Copyright Notice==<br />
<br />
[http://creativecommons.org/licenses/by-nd/3.0/ http://i.creativecommons.org/l/by-nd/3.0/88x31.png]<br />
<br />This work is licensed under a <br />
[http://creativecommons.org/licenses/by-nd/3.0/ Creative Commons Attribution-NoDerivs 3.0 License].<br />
<br />
==Links==<br />
<br />
*[http://www.consumeractiongroup.co.uk ConsumerActionGroup Main Page]<br />
*[http://www.consumeractiongroup.co.uk/forum ConsumerActionGroup Discussion Forum]<br />
*[http://www.bankchargeshell.co.uk/ Bank Charges Hell] The place that really started it all!<br />
*[http://bankcharges.info/ Govan Law Society] A great source of letters, and information pertaining mainly for the Scottish claimant.<br />
*[http://www.bankbuster.co.uk/ Bob The Bank Buster] A true gentleman who is helpful in the extreme</div>Bankfodder