My friend had bank charges outstanding so the cash machine swallowed his card, when he called them they told him they had closed his account. can he sill claim all these bank charges back from Bank of Scotland?
2007-05-01 23:55:55 · 9 answers · asked by butterfly030705 1 in Business & Finance ➔ Personal Finance
Yes, you can still claim your charges back on a closed account.
In fact, this is the best situation you can be in, as theres nothing the bank can do to you to retaliate!
The process to claim your charges back is:
1) Write to the bank and ask them for a copy of your charges for the last 6 years, or alternatively a set of statements for the same period. You do this by making a "Subject Access Request" under the Data Protection Act, enclosing a cheque for £10 made out to the bank. This by passes the banks normal charges for statements which is normal a large amount for 6 years worth. The bank have 40 days to send you the data.
2) Write to the bank asking them to refund your charges, giving them 14 days to reply, attaching a "Schedule of Charges" (a list of the charges you are claiming for).
3) Send the bank a "Letter before Action" giving the bank one last chance to refund your charges before you take court action. They have 14 days to reply.
4) File a claim online using the Money Claim Online web site run by the UK Court Service. The claim is served on the bank 5 days after its submitted. The bank has 14 days to acknowledge the claim. If they don't you can request a "Judgement by Default" and you win the case, and get your charges, statutory interest at 8%, and your court fees.
If they do acknowledge the claim, they then have 14 days to submit a defence (making 28 days in total from the date the claim was served). If they don't then you can again request a "Judgement by Default", and get back your charges, interest and court fees as above.
If they file a defence, then you and the bank get an "Allocation Questionnaire" to fill in. Some judges dismiss the case at this stage, as the bank can't win, so again you win. If this doesn't happen, a hearing date is allocated. The bank will either back out before the hearing, or won't turn up in court. Again you win the case and get your charges, interest and fees.
Follow the correct procedures and you will get your charges back! Its important to send all letters to the bank and courts by recorded delivery, so you can prove they were received, and more importantly when they were received (which you can find from the tracking section of the Royal Mail web site).
Also make sure that you send all letters to the banks head office, and not your local branch. Don't phone the bank either, as this can delay things and you have no proof of whats been said.
Have a look at my website below, which gives detailed guides to the process of claiming your charges back, along with template letters and spreadsheets you can put your own details into and send to the bank. There are also forums to get further advice, and a complete guide to using Money Claim Online to file your claim online in the small claims court, as well as all the latest bank charge news. Basically, it has all the info you need to get your charges back!
The site is free to use!
2007-05-02 00:11:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes, you should claim for remedy.
The first step, your friend should write a letter to the Bank, and claim for remedy. If no response, then,
you should report to local Association of Bankers and any Consumer Council.
Finally, write an assay to any popular newspaper, drawn the picture and urge public to support you!
Be a smart consumer!
2007-05-02 00:03:08 · answer #2 · answered by Worry woman 2 · 0⤊ 0⤋
i totally agree with you, i bank with the abbey, and a friend of mine or should i say so called friend gave me a cheque to put into my account for him, and also asked me to send him the money as soon as the cheque was cleared, and i did ask the bank when this cheque would be cleared and they told me within 4 working days and yes i went to the bank to collect this money witch they gave to me in the sum of £4500 and of course i sent this money on to a friend until one day i went to the cash point only to find that i was overdrawn by £4500, so i went to my bank to find out what was going on and they said to me that the cheque had bounced, i was so shocked and yet they cleared the cheque so really they was at fault but oh they do not wont to take any blame at all for this and yet just the same as yourself they wont me to pay all of this money back and also the way that they treated me !!!!!! it was very bad, i have not paid them one penny and you should not also, its happening to thousands of people and yet they no that these things go on and on and do nothing so why should you or i ???????????????????? and yet the police will not do nothing.
2016-05-18 21:28:13 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Not sure about that but she should certainly give it a go,I believe there is a website that can advise you on this.try putting bank charges in yahoo search bar.
2007-05-02 00:04:43 · answer #4 · answered by Julie 5 · 0⤊ 0⤋
Yes you can as long as the charges are within the last six years i used these guys www.bankchargesclaimback and got my money within three months
2007-05-05 11:53:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes. Martin Lewis will tell you how. Go to his website www.moneysavingexpert.co.uk
2007-05-02 00:29:33 · answer #6 · answered by L1LVN 3 · 0⤊ 0⤋
Yes - go look it up on the web
2007-05-01 23:58:15 · answer #7 · answered by Steve B 7 · 0⤊ 0⤋
yes you can, go to your local trading standards office and they will tell you how to to do it. or go to www.reclaimbankcharges.com or something like that cant remember exact address i went to, just trying to do the same.
2007-05-02 00:00:52 · answer #8 · answered by RACHEL B 4 · 0⤊ 0⤋
Threaten them with legal action..I did and believe me they soon take notice!
2007-05-01 23:58:15 · answer #9 · answered by John 2 · 1⤊ 2⤋