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Jenny, Solicitor
Category: Law
Satisfied Customers: 6428
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I recently used to reclaim bank account charges.this

Customer Question

hi I recently used to reclaim bank account charges.this was originally started in January this year and they told me the average claim time was 6-10 weeks.I I had two/three phonecalls from them during a four month period each time asking me to contact the bank to answer relevant questions etc all of which I did.....then early june the bank contacted me and said my complaint was not being upheld and there was no claim.Bankrebate phoned a couple of weeks later and I told them it was not upheld as they were unaware. I then took it upon myself to phone the bank,complain about the complaint not being upheld and managed to get this case reopened, I have now just successfully won the case and received compensation,.....several months later.On the same day I received a letter from saying Barclays had contacted them to say I had won the case and they are now seeking the original 30% fee? I don't feel this is fair as the complaint the handled was thrown out,it was myself that got the case reopened,reinvestigated and paid out.....are they right to claim this money? I have emailed them and have had no response.
many thanks in advance for any advice given
Jason griffiths
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
I assume you signed a contract with them to pay 30% in the event that it was successful? Do you have a copy of the contract? No worries if not as I can advise without it.
Customer: replied 2 years ago.
no I sent that back to them and didn't take a copy
Expert:  Jenny replied 2 years ago.
Ok thanks, ***** ***** pay them the money.
They may write to you and say you are in breach of contract, in that you have signed a contract to pay them 30 % in the event the claim is successful. If they do this you should write back and say that they were in breach of that contract by failing to provide adequate service under it and that you have had to do the work in order for the claim to succeed therefore you are not prepared to pay them. You can also site the Supply of Goods and Services Act and state that this Act requires services supplied to be of a reasonable standard.
It is most likely a try on and they will take no further action in the event that you do not pay and respond in this manner.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
hi Jenny, thanks for your response, they have said if I don't pay within 7 days they will send the case to a debt collection agency, obviously my concern is additional fees and the impact on my credit do I deal with this if they are not responding to my email etc?
Expert:  Jenny replied 2 years ago.
This seems heavy handed. You should contact trading standards at your local authority and say that you need to see a copy of the contract.
When the debt collection agency contacts you you should tell them that you dispute the debt.
Unless they get a CCJ against you it will not affect your credit file.
This kind of business will employ any method it can to try to extract money out of people. It is threatening you so you will feel you have to pay.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this situation as I can see you have not yet rated my answer which is an important part of the process?