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

MrLeeLee

BenS1 wrote: »

I just got the letter Emily got too, I also originally claimed hardship too. 8 weeks is fine, OFT is deciding what to do tomorow so that will dictate what I do next

Oh, and if you close the account, you can continue to claim the charges if that's what your wondering

Got exactly the same response from HSBC.

I have looked on another consumer website, and the letter I got (and probably you got) is word for word exactly the same.

Disgusting.

SueP19

HSBC must be on a roll, got my letter of rejection and 8 weeks to reply as well

liberty_lily

My claim against LTSB (£9000 odd plus interest) was filed at court in October. I paid my AQ fee the day before the Supreme Court judgment. On December 12th I received the following from my court -

'Upon the Supreme Court having recently overturned the decisions of the High Court and the Court of Appeal referred to in the Particulars of Claim

IT IS ORDERED THAT

1. The claim be stayed generally

2. The parties do endeavour to settle the case by agreement

3. If no application to lift the stay is made by 4pm on 26th February 2010, the claim be thereafter and without further order Struck Out

4. Take notice that pursuant to Part 3.3 (5) and (6) of the Civil Procedure Rules a party affected by this Order may apply to have it set aside, varied or stayed; such application to be made within seven days after the date on which it is served on the party making the application.'

I didn't really understand the last part, but have been advised (on CAG) to make a token approach to LTSB regarding the second part of the Order by indicating my willingness to reach a settlement. Then if/when they turn this down and I apply to have the stay lifted (before 26/2/10) at least I will have shown willingness to negotiate.

I still have an o/d on this account (LTSB closed the account after my initial approach for repayment of charges and nothing has been repaid since) and this amounts to around half the cost of my claim. To be honest I would be content for the o/d balance to be written off and to receive nothing further........but I'm not telling them that of course!

esmerellda

Hi I stand by what I said on Beagles. Hang fire till at least tomorrow and you have been given plenty of time to write with the new arguments to the banks solicitors and apply to lift the stay in your own time.

With regards to the overdraft that has been left hanging you will, whatever else you decide to do, be needing to prepare your income/expenditure sheet to make an affordable monthly repayment offer of the outstanding if they havent already taken court action against you. This will form part of the negotiation too thus fulfilling your part of the court order and once the news is clear tmw and we have spoken to the OFT regarding the proper reasoning behind it we will be able to give you the right options.

eira

My daughter today got a letter refusing to pay back the charges and giving her 8 weeks to respond.They have had debt collectors out to get back these charges (£500) worth-alll the money she owes them is entirely composed of bank charges.

She's a student,

mwkitching

I have had a letter from HSBC explaining that they are throwing my case out and that I have 8 weeks to challenge this otherwise they will condier the case closed. It doesnt clarify whether or not I would be able to challenge this under other grounds or not after these 8 weeks?

esmerellda

you can challenge on other grounds within those 8 weeks.

Dibblersan_3

My daughter received the standard HSBC letter telling her that her claim has been rejected based upon the fact that the Courts determined that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Regulations.

My daughter has 8 weeks in which to raise with them grounds other than the level of charges or the complaint will be considered closed.

Surely there is an unfairness to the "Contract" when you do not know what level of charges will be levied. The charges were as follows in the order given: £30, £36, £54, £36, £36, £54, £60, £40, £20, £75, £50, £25 & £25.

In the end her account was overdrawn by £8 as I bailed her out. HSBC closed her account after it remained dormant with an overdrawn figure just over £8 for some 3 months. She found this out when she went to check on her account and was in a position to pay in a cheque for £85.

She ended up at NatWest where a clever little sales person conned her into opening a Gold Rip off Account with a monthly charge of some £13.

My daughter is in receipt of state benefits and had used a Catalogue for her clothing - those sons of B's charged her 29.9% - so I lent her the money to clear that account. Does the team think she can make a "hardship" claim or is there another way forward. Her total claim is just over £500.

theunistudent85

HI all,

Still a little ecstatic about two offers I have received from my bank in relation to unfair bank charges, I claimed under financial hardship after my initial claim was rejected 06/2009 and firstly would like to say without this site, and members some of which I cant recall by name, apart from esmerellda (spell check) I have to take time to thank you Martin Lewis and the whole MSE forum members who contributed to aiding me.:money:

Of the total amount I have which to reclaim £2600 (round figure juts in case they change their minds), I have been offered two separate amounts totaling £2200 (again round figure). My bank was Natwest whom I have not used since god knows when (since it all spiraled out of control i suppose)

I'm absolutely over the main, I know there were additional charges since my claim, but the amounts are a real godsend this xmas and will be accepting and wish to move on from this nasty experience.

esmerellda

Just what I needed to read this morning ! WELL DONE and a very happy Christmas to you and yours