Bank Charges Reclaiming Guide discussion

bengal-stripe

natweststaffmember wrote: »

Ok, I think the time is here for me to take a complete break from the reclaims board.......

natweststaffmember wrote: »

………Such is life.

Such is life, indeed! - That “complete break” lasted for less than 48 hours.

Withdrawal symptoms, I presume! - “Once a (forum) junkie,……….”

natweststaffmember

Not sure I have given anyone on here any advice(my definition of a complete break). Surprisingly, I haven't really had any withdrawal symptoms cos no one has asked for my advice in the last week in private so I have no end of free time.
You need your lawn mowed, Bengal, cos I have the time to do it now?

For me a complete break from advice usually lasts about 7 days but if my room ain't tidied it will be longer, lol.

bengal-stripe

natweststaffmember wrote: »

You need your lawn mowed, Bengal, cos I have the time to do it now?

What a lovely offer! - I'm afraid, I haven't got a lawn, my only greenery is a pot of basil on the window ledge in the kitchen.

natweststaffmember wrote: »

For me a complete break from advice usually lasts about 7 days.......

I know the feeling, three times I took a "complete break" from smoking - it lasted just a week.
Mind you, the fourth time (so far) has lasted for over ten years.

natweststaffmember

Ok, the addiction is back, lol......and you won't let me mow your law

Premier_2

natweststaffmember wrote: »

Premier, have you read the legal opinion yet?

Are you aware of the Govan Law Centre case next month?

Thanks in advance of your response.....a simple yes or no would suffice

No. Access denied as I'm sure I've mentioned before about anything hosted on LB. (only members can see it)

If you can arrange for it to be posted/hosted on a site with public access, I'll take a look at it for you

Regarding the Govan Law case, yes.... it's old news I'm afraid (Friday, 19 February 2010), and has been mentioned umpteen times here before.
In fact, I'm sure both you and I have mentioned it,* and as I am sure I said previously, it is simply permission to bring a claim to court [after substantially having revised the original POC] - a long way from actually winning the claim; in fact most litigants don't even need leave to bring about a claim.

I'm sure the result of the case on 11 June 2010 will be posted on MSE, whatever the outcome

I must admit, that with the case now so close to a hearing, I was surprised at the comments by the admin. of LB, and previous supporter of reclaiming bank charges (quoted in my previous post); that must have been a bitter blow to those who were pinning there hopes on a positive outcome of that case. There must have been some strong opinions by the QC, Anthony Scrivener, to have led to those posts.


*Edit: Here's one thread by way of example where you, I and esmerellda (Amethyst/admin. on LB) were discussing this news back in February.
https://forums.moneysavingexpert.com/discussion/2295601

natweststaffmember

Premier wrote: »

No. Access denied as I'm sure I've mentioned before about anything hosted on LB. (only members can see it)
Fair do;s. I'll post it on here for eveyone to see.
If you can arrange for it to be posted/hosted on a site with public access, I'll take a look at it for you

Regarding the Govan Law case, yes.... it's old news I'm afraid (Friday, 19 February 2010), and has been mentioned umpteen times here before.
In fact, I'm sure both you and I have mentioned it,* and as I am sure I said previously, it is simply permission to bring a claim to court [after substantially having revised the original POC] - a long way from actually winning the claim; in fact most litigants don't even need leave to bring about a claim.
This case is an evidential hearing so it has gone past the stage of being allowed to amend the POC. The burden of proof is now on Bank Of Scotland's head to prove that the charges are fair.
I'm sure the result of the case on 11 June 2010 will be posted on MSE, whatever the outcome

I must admit, that with the case now so close to a hearing, I was surprised at the comments by the admin. of LB, and previous supporter of reclaiming bank charges (quoted in my previous post); that must have been a bitter blow to those who were pinning there hopes on a positive outcome of that case. There must have been some strong opinions by the QC, Anthony Scrivener, to have led to those posts.
Bank Charges campaigners have long looked at a fairer way of banking. I was not surprised by the decision which I know was agonised on and like the OFT they will, of course, revise that if the situation changes. His view was that there was a case but the issue is about success of a representative action(or class action) which unfortunately did not prove to be high enough for insurance to be gained and therefore could not be pursued.

*Edit: Here's one thread by way of example where you, I and esmerellda (Amethyst/admin. on LB) were discussing this news back in February.
https://forums.moneysavingexpert.com/discussion/2295601

Premier, I'll post up the legal opinion in full(might take me 9 posts or so, please try not to post on it until it is up in full(cos copy and pasting does take time and it ran to 30 pages if printed).

EDIT: legal opinion is now posted in full.

BigCraigJohn

Just after an opinion really.
Put in a complaint sent recorded delivery and signed for a month ago, was for £25 charges on an old A&L loan that closed a few years ago.
They have not responded and are fobbing me off on the phone saying as its an A&L that is closed, however they said the complaint would of been passed on.
Should I now write to them again with a copy of the original letter and a print of the proof of postage stating that if my complaint is not upheld in the next 28 days I will forward to the ombudsman? Its dead on 4 weeks since my original letter.
God though its amazing how they try and fob you off "but sir you were in arrears so those letter charges are ok", people will accept that aswell, ofcourse I put him in his place.
They have had plenty of time, will of recieved my complaint and are imo ignoring it due to it only being £125.

natweststaffmember

BigCraigJohn wrote: »

Just after an opinion really.
Put in a complaint sent recorded delivery and signed for a month ago, was for £25 charges on an old A&L loan that closed a few years ago.
They have not responded and are fobbing me off on the phone saying as its an A&L that is closed, however they said the complaint would of been passed on.
Should I now write to them again with a copy of the original letter and a print of the proof of postage stating that if my complaint is not upheld in the next 28 days I will forward to the ombudsman? Its dead on 4 weeks since my original letter.
God though its amazing how they try and fob you off "but sir you were in arrears so those letter charges are ok", people will accept that aswell, ofcourse I put him in his place.
They have had plenty of time, will of recieved my complaint and are imo ignoring it due to it only being £125.

They have 56 days in total from the date of receipt to respond. I would send a second letter to their head office with a copy of the first one stating that you would go to the FOS.

BigCraigJohn

natweststaffmember wrote: »

They have 56 days in total from the date of receipt to respond. I would send a second letter to their head office with a copy of the first one stating that you would go to the FOS.

Ive noticed that I worked the interest wrong and was short changing myself so i'm going to start again this time to the address they gave me making it clear that I will take it further, know my rights, will not be fobbed off + mentioned the fact they lost my original letter with a print off from the royal mail site. Fingers crossed they dont fancy a duel.

danelliott

sorry for hi-jaccking this post but i have a question...... i know they made a decision regarding the reclaiming through the high courts and that they dont hav to pay back the charges now but can or will the banks refund if your in a position of severe financial hardship? if your not working and cant claim JSA for example will they be willing to refund ??????