Can I win Bank Charges by Default?

degeneratecrew

Hi all,

First post on this site, although I've been using this site for ages for tips and help!

Basically, as with everyone else, my court case to reclaim bank charges was stayed, and the stay was withheld even when I applied to my local County Court for it to be lifted owing to hardship issues.

However, the stay issued by the Court states that:
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1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").

2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:

a) a case summary of not more than 500 words setting out the effect of that decision.
b) Suggested directions for this claim.

3. On receipt of the documents from the Defendant, the court will make further directions.

4. Either party may apply at any time for the stay to be lifted.

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Does anyone know, as more than 14 days have lapsed since the outcome, can I request judgement by default, and if so, would I use form N225 / N227 or just write into the Court?

Additionally, if claims are struck out by the Courts, do we get our court fee back?

Any help appreciated.

Thanks )

Premier_2

I suspect you case is still stayed. If you want to rush matters, you should apply for the stay to be lifted as per tern 4 of the order.

Remember, even if you win judgement by default due to failure of the defendant to file a defence within the specified period, you would still need to enforce judgement to get your money.

I can almost guarantee that is you rush this, the bank will apply for any such judgement to be set aside.

When a claim is struck out by a court, you have lost your case.
And just like most other cases, the loser usually pays the fees.
I can't see the bank paying them in this instance, and the court certainly won't be funding them.