Claim Struck Out

templar0512

I have jsut got in from work and found a letter from the Court.

They have lifted teh stay and struck out the claim. They have said that "Any party affected by this order may apply to have it set aside varied or stayed such application must be made within seven days after the date when this order was served on the party applying."

Please help. I have been waiting for the new guidence by Mid Feb.

esmerellda

which bank ?

templar0512

It was HSBC

esmerellda

Okay thanks this happens a fair bit with hsbc (and yorkshire bank) did you have a letter from hsbc prior to receiving the notification from the court ?

What do you want to do ? You can ask to set aside the order and ask for permission to amend your claim if you do so in next seven days. This will cost you £75 for the application.

Also you need to type out the FULL order from the court you have received pls.

You MUST read the bank charges court guide first tho - http://www.moneysavingexpert.com/reclaim/oft-bank-charges - and ask ANY questions.

templar0512

IT IS ORDERED that:

1. Stay lifted
2. Claim Struck out
3. No order for costs
4. Any party affected by this order may apply to have it set aside varied or stayed such application must be made within seven days after the date when this order was served on the party applying

I am not sure it if is worth pursueing this claim or starting again based on the new legal advice.

esmerellda

If the claim is struck out you can;t just start again. Also you cant go to FOS now it has been through court.

On the order does it not mention whether its been struck out after application, or uponn the courts own motion ?

templar0512

I have typed word for word what it says on the order. Does that now mean that Sec140 CCA would not apply?

esmerellda

I don't know as I havent seen your bank statements.


From the guide

This doesn't apply to everyone

The date range that can be used for this is not as wide as the previous law. This piece of law applies to all new charges from 6 April 2007, and to people who had charges before April 2007 providing the borrowing was still outstanding on 6 April 2008. It also may not apply to accounts closed before April 2007.
There are still many questions on how this law applies, in particular to accounts that moved in and out of an overdraft limit over this time, but as it’s yet to be tested it’s too early to say what the result on this will be. As it’s the bank that needs to challenge the legality of the charges though, it's not an automatic disqualification.

You MUST understand the arguments to continue.

templar0512

The account is still open although the Overdraft is now paid off and has been removed.

esmerellda

''people who had charges before April 2007 providing the borrowing was still outstanding on 6 April 2008.''

Does that apply ?