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Banks lose first battle in court against penalty charges member
orc_2
Posts: 563 Forumite
Some welcome news at long last which should give hope to others facing a similar position.
http://www.penaltychargesforum.co.uk/content.php?53-BANKS-LOSE-FIRST-BATTLE-IN-COURT-AGAINST-PC-MEMBER
"A member has successfully fought off a strikeout application today, where Yorkshire Bank was asking the court to dismiss the claim for the return of unfair and unlawful bank charges. Member Claire H, from Rotherham, has been managing the claim for a friend and the case was stayed due to the recent Test Case. That case ended in November, with the shock decision by the Supreme Court that the regulator (the OFT) can no longer regulate on the unfair charges using the main features of the statute designed for that purpose. This has left more than a million claims pending, either filed with the courts or as requests for refunds directly to the banks.............................................................."
Not sure if it has been posted elsewhere.
Please bring this to the attention of all people facing a similar situation.
:D:D:D:D
http://www.penaltychargesforum.co.uk/content.php?53-BANKS-LOSE-FIRST-BATTLE-IN-COURT-AGAINST-PC-MEMBER
"A member has successfully fought off a strikeout application today, where Yorkshire Bank was asking the court to dismiss the claim for the return of unfair and unlawful bank charges. Member Claire H, from Rotherham, has been managing the claim for a friend and the case was stayed due to the recent Test Case. That case ended in November, with the shock decision by the Supreme Court that the regulator (the OFT) can no longer regulate on the unfair charges using the main features of the statute designed for that purpose. This has left more than a million claims pending, either filed with the courts or as requests for refunds directly to the banks.............................................................."
Not sure if it has been posted elsewhere.
Please bring this to the attention of all people facing a similar situation.
:D:D:D:D Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
You come here for advice, help and support- thats what I and like minded others will try to do.
You come here for advice, help and support- thats what I and like minded others will try to do.
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Comments
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If i havent got a claim in the Courts does it reduce my chance of getting a refund?0
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nsabournemouth wrote: »If i havent got a claim in the Courts does it reduce my chance of getting a refund?
Someone will come and tell you yes and to sort your own finances out.
That someone isn't me however.
I have no reason to see why this should affect you. I have a stayed claim but common sense tells me that if the stay is lifted it would be like starting again. This being the case why shouldn't you be allowed to start from scratch. Hope so anyway.
Good Luck.0 -
It isn't me either.:A I agree with Chips.
2 cases were successful with their strikeout at that court.
If you have not started your claim wait for the templates and follow the advice given.
My own opinion, at this point in time, would be to avoid court and go to FOS after charges request has been made.
Remember you can't go to FOS once you have started court action.Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
You come here for advice, help and support- thats what I and like minded others will try to do.0 -
It probably wouldn't affect your chance at allnsabournemouth wrote: »If i havent got a claim in the Courts does it reduce my chance of getting a refund?
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
nsabournemouth wrote: »If i havent got a claim in the Courts does it reduce my chance of getting a refund?
The FSA have just come out and told people to start reclaiming late payment fees and charges on all mortgage accounts. Something which has been happening for ages anyway and was never affected by the SC case or stays/ cists.
The links to bank charges are very close.
It's just a matter of time!;)Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
You come here for advice, help and support- thats what I and like minded others will try to do.0 -
It probably wouldn't affect your chance at all
New claimants just need to bide their time for new templates and advice.;)Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
You come here for advice, help and support- thats what I and like minded others will try to do.0 -
"The FSA have just come out and told people to start reclaiming late payment fees and charges on all mortgage accounts. Something which has been happening for ages anyway and was never affected by the SC case or stays/ cists.
The links to bank charges are very close."
I too found this very strange, the FSA basically says they weren't treating thier cusomters fairly because they we charging more than thier costs, which is EXACTLY the same complaint people had as bank charges. Are current accounts not subject to the same rules???Mixed Martial Arts is the greatest sport known to mankind and anyone who says it is 'a bar room brawl' has never trained in it and has no idea what they are talking about.0 -
davidgmmafan wrote: »"The FSA have just come out and told people to start reclaiming late payment fees and charges on all mortgage accounts. Something which has been happening for ages anyway and was never affected by the SC case or stays/ cists.
The links to bank charges are very close."
I too found this very strange, the FSA basically says they weren't treating thier cusomters fairly because they we charging more than thier costs, which is EXACTLY the same complaint people had as bank charges. Are current accounts not subject to the same rules???
On the last point, the answer is no because the SC case has meant that you cannot challenge the LEVEL of the charges anymore.0 -
Just as an extra boost there was another failed strike out in scotland 14th January against HBOS. Claimant was ordered to enter amended claim instead and bank have to defend that LegalBeagles0
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