claimbankchargesback
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Yes, its true and if you are in Scotland you can claim bank 5 years of charges, 6 in England.
You can get a copy of your statements using the Data Protection Act. You actually are only entitled to ask for a copy of your charges, but you can ask for statements as an alternative, and these are what the bank normally provide.
Its not a difficult or time consuming process (in terms of work you have to do), a lot of it is just waiting for responses from the bank. The whole thing takes between 2 - 3 months usually.
Basically the steps are:
1) Make a Subject Access Request under the Data Protection Act to get copies of your charges, or statements, for the last 6 years. This is sent with a cheque for £10 (which isn't usually cashed) to the banks head office for the attention of the Data Protection Officer.
2) Go through the charges or statements and see what you can claim for. Make a list of charges you are claiming for and the date and type of the charge. This is called a Schedule of Charges.
3) Write to the bank enclosing your statement of charges, and ask for your charges back stating that they are illegal under the Unfair Terms in Consumer Contracts Regulation (1999)”. Give them 14 days to reply.
4) Send the bank a Letter Before Action giving them one last chance to pay before you take them to court. Enclose your Schedule of Charges again. Give them 14 days to reply.
5) Take the bank to the small claims court using the courts Money Claim Online website. It takes 5 days for the claim to be served on the bank, and then they have 14 days to respond. If they don't respond in this time you win by default. If they do respond, they have another 14 days to submit a defence. If they don't you win by default again. If they do, they will back out just before the hearing, and again you win, or alternatively not turn up to the hearing, as they can't justify their costs in court
Follow these steps, and you will get your charges back!
Note that the limit for the small claims court is £750 in Scotland (as opposed to £5000) in England. If your claim is higher than £750 its worth thinking about using a company to claim your charges back for you on a "No Win, No Fee" basis. This is because the costs are higher, and if you use a company they put the costs up for you, taking a percentage of your fees in return, 25% is standard. Don't use one of the many companies asking for 40% of your fees, thats extortionate and as bad as the banks in a way.
If your claim is below £750 then you can do it all yourself!
Full guides to each of the above steps are at my site below, where everything is explained in detail, along with template letters you can put your details into and send to the bank. |
DiDi
|
Google/yahoo search
type in Martin Lewis
Read his web page, then download the attached letters and send them off to your bank.
It is a really helpful site, all the letters are there all you have to do is type in you details and post the letters off, he had done all the hard work for you! |
st3ve1160
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Go to these web sites, www.moneysavingexpert.com and consumer action group web site (not sure of url but type it in a seach engine). You can claim them back but it takes time and persistance. It took me nearly 4 months and a court summons (by me) to get money from Nat West. They paid in full prior to any court date. Keep trying, dont believe their lies and do it sooner rather than later as I'm sure they will eventually come up with a way of defending claims against them. |
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