Help - Bank charges stuck at court stage

Dan_Bailey

Just wondering what the situation is for everyone who actually had their cases in court at the time of the waiver?

My case was opened in small claims about three days before the waiver was put in place. I think at the time the bank actually never put a defense in within the 14 days but when I phoned the court to check what was going on a couple of days after that they were allowed to go back and post a defense in retrospect due to the OFT / Bank agreement.

Apparently the stay was lifted about a week ago, as yet I've received no notification about my particular case, also checking MoneyClaim online no updates have been posted since July 07.

I paid £120 when I put the claim through Moneyclaim, is this now gone forever or will I at least get this back if my case is dismissed?

Thanks

esmerellda

Hi Dan

What makes you think the stay was lifted a week ago ? Have you had any notification from or spoken to the court ?

If your case is dismissed no you wont get your court fee back, but you shouldnt get dismissed if you argue the toss, but need to know the actual exact position of the claim at the moment first.

Thanks

Ame
xx

Dan_Bailey

Actually reading back it looks like I got the wrong end of the stick - the FSA lifted the stay on Banks dealing with complaints, nothing to do with the courts! Still does this mean I'll need to amend my claim and if so will this reset the 6 years of charges claimable? Most of my charges came about when I was young and stupid and probably about 75% of my claim will now have passed over the statutory time limit.

Premier_2

Q. My case is on hold with the courts, what is going to happen?

A. ...
If your case is based on the old template letters and the court deals with it, it's very likely to be struck out...


Q. How likely is it I will get my money back?

A. Much less likely than prior to the result, but not impossible. Still, the best thing to do is plan for getting nothing, but cross your fingers.

As we know many people would like a 'what's the chance' type answer, our instinctive guess is even with the new argument there is only a 10-20% chance of most people now getting charges back.

http://www.moneysavingexpert.com/news/reclaim/2009/11/bank-charges-qa-door-reopened-for-reclaimers

If you lose your claim, you'll lose the court fee.

Dan_Bailey

Righto cheers mate, so just wait for a letter to say when my case will be heard.

In the worst case situation, if I lose my claim, will I have to pay additional court fees (as the loser of the proceedings)?