PROCESS OVERVIEW

How to reclaim your charges. (please note you can just change the wording of the letters, if for your credit card or store card)

1. Before sending the sample in the library, you need to know the amount you are claiming, if you know the amount that have charged you over the last six years, then great, send off the sample letter. However, if you don't then you need to request your last six years bank/credit statements. Copy and paste the letter 'Requesting statements' and send this first.

1a. Under the Data Protection Act - the information holder has only 40 days to provide this information. Do not worry about the extra wait - you can legally claim 8% APR on each charge for the full period, so the longer it takes them the more money you will have back. If they still refuse, or do not furnish you with this information within 40 days, report them to the information commissioner www.informationcommissioner.gov.uk - for a breach of the DPA

2.Okay, you now have your statements, so add up all of your charges then send them the sample letter, and include the list of charges with dates.

3. You should now receive a reply from your bank.:
1.) you will get a standard letter sating sorry you are not happy, however, our charges are listed in the terms and conditions and if you are not happy you can now go to the Ombudsman
2.) You will get a letter saying we are looking in to this, However, please note under the bank code we have 8 week in which to reply (do not accept this, you have given them 14 days)
3.) You will be offered a partial of full refund (I would not accept a partial refund as the money is yours. Simply write back and say thank you for the offer but you require a full refund within the next 7 days or you will start legal proceedings.

4. They will deny the claim that the charges are unlawful (about 50% do this)

5. If you did not get a refund, then you need to enter a claim at the court, this can be done online at www.moneyclaim.gov.uk you will need to fill in the online claim form (a pro forma text can be downloaded from our library)

5a. note you will have to pay the fees up front with a credit or debit card. If you are receiving benefits of any kind you may be exempt from the fees, however you will have to use the paprt N1 claim form and submit it to your nearest County Court; you can get these online or from the actual Court.

6. The bank will now do one of four things.
1.) Ignore the claim completely - in which case after 14 days you will need to ask the court for judgement in defauly, this means you win
2.) Offer to pay the claim in full, including interest and court fees
3.) Acknowledge the claim - they then get a further 14 days to enter a defense. Some banks will acknowledge the claim and then pay up.
4.) Acknowledge the claim, and then on the 28th-28th day, enter a defense/

7. If the bank defends, the next thing that will happen is that you will received a Court Allocation Questionnaire, you must fill this in within 7 days of receiving it, and pay the additional fee. We can help with this.

7a. The court will not set a date (if the bank has not already given you your money back by this point - and most will have done)

7b. If you do get a court date and the bank is refusing to settle then send me an email and i will advise you from there. However, every person who has put in a claim so far the bank have settled. Therefore the chances of you having to go to court are very slim

NOTE: If you have any worries please use the private message on the message board page to send us a message, or start a new thread within the forum relating to your bank. Furthermoer, you may be able to use a legal adviser who will fight your case on a No Win No Fee agreement.