Heard from your bank/court about your claim being restarted? Please let us know.

esmerellda

For business accounts you are in sticky waters anyway reference the penal ruling from the high court as UTCCR doesnt apply to businesses. When you say total charges are you meaning all transaction charges etc or just all the overdraft charges ? You could try another push for them to up the offer due to your hardship, or try going to FOS but I wouldnt recommend taking it to court, especially in the current climate.
Theres a thread on Business Claims over on consumeractiongroup site but they arent making any headway on these.

onlypaddy

you're certainly holding this thread up nicely esmerellda! I know who i'll be pm-ing when it finally gets down to the nitty gritty of it.

as for this update today

http://www.moneysavingexpert.com/news/reclaim/2009/12/oft-urged-to-continue-bank-charges-fight?utm_source=forum&utm_medium=sidebar&utm_campaign=box

what now....still wait or? I'm just getting itchy feet as Lloyds were the first to say they were going to have them thrown out

natweststaffmember

onlypaddy wrote: »

you're certainly holding this thread up nicely esmerellda! I know who i'll be pm-ing when it finally gets down to the nitty gritty of it.

as for this update today

http://www.moneysavingexpert.com/news/reclaim/2009/12/oft-urged-to-continue-bank-charges-fight?utm_source=forum&utm_medium=sidebar&utm_campaign=box

what now....still wait or? I'm just getting itchy feet as Lloyds were the first to say they were going to have them thrown out

LloydsTSB have subsequently backed down on that threat as well

esmerellda

Trying my best

Nope, still wait..... I know its a pain in the bum, but we'd be foolish to give you half baked arguments which we arent confident on. Lloyds did actually back down from saying they were going to strike everyones claims out, and everyone even the banks seem to be holding things until the OFT make their decision now - which could be next week or early January.

Some claims that were in late and not yet stayed, or have applied for their own stay lifts are now running into problems, so you are safest where you are.

Anything happens with the court then let us know immediately and we'll help.

MSE, LB and PC met with the OFT last week and things are moving, just a bit slowly because everyone wants to get it right as the impact on everyone is pretty huge.

carcos

Hi
Nationwide have just filed a defence against my bank charges, and i have also recieved an allocation questionnaire to fill in.
Should i fill in the questionnaire, or wait for any advice on ammending my POC.
The questionnaire has to be in before the 29th December.

I suppose i could fill in the questionnaire and amend my POC later????

Any advice would be welcome.

Regards

Carcos

esmerellda

Is the defence a standard defence or does it refer to the judgment ?

If so would very much like to see it and will help knowing what response you need to make at this stage.

carcos

Thanks for the quick reply esmerellda

Just the standard defence.
1/ The Defendant admits that the claimant holds a cuurent account with the defendant.
2/ Any charges debited to the claimants account have been debited in accordance with the contract made between the claimant and the defendant in relation to the account.
3/ Claimant has been regulary advised of the amounts that would be debited to the account in respect of unauthorised overdrafts, transactions unpaid due to insufficient funds or card misuses.
4/ Defendant therfore denies that the claimant is entitled to repayment of charges, as claimed or at all.

Regards

esmerellda

Okay cool. Still thinking on the actual POCs (as indicated by Martins announcement yesterday) The AQ I think we should complete asking for a stay on ''''Following the recent judgment by the Supreme Court (25th November 2009) Case [2009] UKSC 6 (On appeal from: [2009] EWCA Civ 116 ) it is extremely likely that further litigation will follow, either between the OFT and the defendant or otherwise to generally decide the issues. I therefore respectfully submit that it would be appropriate for the Court toapply/continue a general stay in this claim pending resolution of the issues raised.'''' basis, include draft directions and worry later about amending POCs. We could though if you fancy, amend POCs now and put the defendant to strict proof of fairness under the CCA, but thats a bit more risky. The other hand says that if your POCs were solely on UTCCR 6 then the court might refuse a stay anyway - did you use the standard MCOL template POC from on here ?

carcos

Thanks esmerellda
I can post my POC if you like, it is rather long though.
It was a POC taken from one similar on Consumar Action Group website.

Regards

esmerellda

Is fine to post a link to it if its easier Good to hear you used the N1 route rather than MCOL. There shouldnt be TOOOOOOOOO much amending to do. Will have a look at that later and a chat about AQs with some other peeps and come back to you