FAQ

Introduction

Read through this and it will save you a lot of tedious posting on the forums and will save a lot of repetitive replies.

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.

Legal FAQs here do not apply to Scotland (Civil procedure)

Scottish FAQs are in preparation.

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.

The Consumer Action Group is merely a campaign and support group.

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."

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.

See a full review here

What about £12, can they charge that?

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"

In other words - reclaim the full amount unless they are willing to show the evidence of what it does cost.

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.

Can I PM/Email Admin/Bank Fodder/Dave with regards to my specific case?

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.

It is far better to start your own thread where many people can see your progress.

Will Claiming Cause Me Problems?

Q. Will suing my bank affect my credit report?

A. No - unless the Bank closes your account - see below.

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Q. Will the bank close my account?

A. It doesn't happen often but you should bear it in mind - see below

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Q. Are there any other risks?

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.

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Q. Can I stop them closing my account?

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.

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Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?

A. Yes, regardless of if the account is open or closed, you can claim.

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Q. Can I claim back for more than 6 years?

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.

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Q. I am so angry - when this is sorted out, should I close my account?

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.

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Q. Is there any limit to the amount that I can claim?

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. However, there are actually some advantages to claiming above £5000 - this is discussed in greater detail on the forums.

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Q: We have a joint account, do we both need to apply/sign when reclaiming?

A: If you both have authority, no.

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Page Created By Me01273 00:05, 31 May 2007 (BST)