Frequently Answered Questions
Your Questions answered in brief:
Q. What charges can I reclaim from my bank?
A. Charges for any referred (bounced) cheques,
any Direct Debits that have not been honoured and for any
excess overdraft fees.
Q. I have not kept copies of my bank statements
for the last 6 years so how do I know how what charges I have
incurred?
A. We will obtain your statements for the last
6 years to enable us to calculate the charges.
Q. Will interest be payable?
A. We will submit a claim for interest on any
refund due to you.
Q. Can I claim for more than 6 years of charges?
A. No we are only able to claim for charges
taken within the last 6 years.
Q. Could the bank close my account?
A. This is not likely as your bank is not allowed
to close your account just because you have a claim against
them.
Q. Will the bank reduce my overdraft?
A. There is a possibility that your bank may
reduce any overdraft you may have so that you cannot reclaim
further fees from them but again this is unlikely. We’d
like to think that any monies we can reclaim for you will
clear your overdraft anyway.
Q. Will my case proceed to court stage?
A. Possibly. However, should it reach
this stage we will attend and act on your behalf.
Q. What are your charges and will making
a claim cost me any money at all?
A. Only if we are successful in
your claim will we charge our fee of 20% (which we will simply
deduct from any final settlement figure we obtain on your
behalf). Should you cancel your agreement with ourselves at
any time we reserve the right to make a cancellation charge
which will reflect the work undertaken by us in pursuit of
your claim.
Q. Will a final settlement due to me have
to be paid into my bank account (typically to reduce any overdraft
that I may have)?
A. No. We will pay your final settlement cheque
directly to you for you to deal with as you wish.
Frequently Asked Questions in more detail
Firstly,
please let us provide you with an explanation as to why we
believe you are entitled to claim back any charges that your
bank or credit card provider has taken from you in the last
six years irrespective as to whether the charge taken was
your fault or not.
Ask yourself the question, does it really cost your bank
£25 to charge you for exceeding your overdraft limit
or for bouncing a cheque? Given that that the process is entirely
computerised and does not involve any costly human intervention
it is clear that a more appropriate charge would be a matter
of a few pence. An obscure piece of case law determined that
a charge is in fact a PENALTY
if it does not reflect an items true cost.
In more recent years two pieces of law have been passed which
prohibit banks or other financial institutions from imposing
PENALTIES on their customers.
This being so it is now clear that any Court would determine
that these transaction charges taken from your account are
unlawful extravagant penalties and YOU
CAN CLAIM THEM BACK!
The banks however are not simply going to contact all of
their customers to reimburse all charges they have taken unlawfully
so you have to ask for them back. In the vast majority of
cases this will involve instigating legal proceedings against
your bank and taking them to Court if necessary.
The banks will try to settle for as little as possible however
with our expertise we will ensure that not only do you claim
back all of your charges but we will also ask for interest
on any amount due back to you.
Our commitment to you is to ensure that you reclaim the maximum
amount that is rightfully yours.
Your questions answered
What charges can I reclaim from my bank?
Typically you can reclaim for cheques that have been referred
(otherwise known as bounced cheques), charges made for overdraft
fees or exceeding agreed overdraft limits and any charges
your bank has charged you for late payments on loans or credit
cards. You cannot reclaim for any monthly account fee charged
on your account as the banks are allowed, by law, to charge
for a service that is provided.
I have not kept copies of my bank statements
for the last 6 years so how do I know how what charges I have
incurred?
This is not a problem as should this be the case we will
write to your bank requesting a full request of your previous
6 years statements or a list of charges incurred for the last
6 years. We will have to pay them a £10 fee per account
for this request however under the Data Protection Act the
bank are obliged to supply us with this information within
40 days. Once we have this information we will be able to
calculate the amount that you have been charged and commence
proceedings to recover this amount PLUS interest on those
charges on your behalf.
Can I claim for more than 6 years of charges?
No. Due to the Statute of Limitations Act you can only claim
back six years from the date of your claim.
Could the bank close my account?
This is extremely unlikely and this has never happened to
any of our clients before, however, we are aware of a handful
of cases where the bank has chosen this course of action.
If the bank was to close your account we would raise an official
complaint with the Financial Services Authority on your behalf
citing retaliatory action against your claim. This could be
much more damaging for the bank than your claim against them.
Will my case proceed to court stage?
Banks do not want your case to get to the stage of a Court
Hearing and very few cases have got to this stage. However,
should this happen we will produce all the documentation required
and we will represent you in court. Whilst the vast majority
of cases do not get to a court hearing stage most cases will
involve issuing a County Court Claim against your bank which
will incur a court fee. We will pay this fee on your behalf
and reclaim this cost along with your charges from the bank.
Does any final settlement due to me have
to be paid into the account I hold with my bank (typically
to reduce any overdraft that I may have)?
No - as long as we deal with your claim on your behalf. We
will request that any settlement due from your bank is paid
to ourselves so that your final settlement cheque is made
payable to yourself from JSL Associates Ltd ensuring that
you can then decide how you wish to use your refund. Once
a final settlement is reached with your bank we will deduct
our fee and any costs that we have incurred and make a cheque
payable to yourself within 14 days upon receiving a settlement
from your bank. Once your claim is completed we will then
send you your individual file containing the entire contents
of your claim including all correspondence between ourselves
and your bank along with all of your bank statements that
we have requested. At the end of your claim we will also ask
you to sign and return to us a final letter instructing your
bank that we have no further authority to deal with your account
on your behalf and we will forward this letter to your bank
on your behalf.
Please,
if you have ANY further questions at all or would like to
discuss your case in further detail with one of our consultants
please do not hesitate to contact us and will be happy to
answer any of your queries. We appreciate that you may have
questions that have not been answered or may require clarification
of any of the above points so please feel free to call us
on 08700 845 700 in order that we can advise you further.
YOU ARE ENTITLED TO ANY CHARGES INCURRED
ON YOUR BANK OR CREDIT CARD ACCOUNTS BUT UNLESS YOU CONTACT
US WE CAN DO NO MORE.
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