Pursuing My Claim !

PHILUPMYPOCKETS

Hi,
My original claim for unfair charges went to the courts stage but was put on hold back in 2007.
I have written to my bank stating the legal obligations/hardships and received two letters, the most recent one repeatedly mentions the OFT's case being thrown out.
I intend to follow this up with the template letter regarding withdrawal of my court claim, but wonder is this the correct action as I thought the threat of court action would be in my favour?
In the template letter with regards to the previous letter I sent them, in brackets it states 'this should be over 8 weeks ago'. My letter to them was on the 28/3/10. What does the 8 weeks refer to?
Although I am no longer in financial hardship, is it ok to refer back to the period that my claim was for - 2001 to 2007?
Thanks
Phil

Premier_2

If you were claiming financial hardship, your case should never have been held up.

I suggest you have a good read of Martin's lastest guide to reclaiming bank charges, especially with the risks associated with pursuing the matter though court, if you are not claiming financial hardship.

PHILUPMYPOCKETS

When I took up the claim with the courts it was on the basis of the legality of the charges under the 'Unfair Contract Terms' in 'Consumer Contracts Regulations'.
When the courts wrote to me stating my case be stayed, no mention was made of proceeding due to financial hardship.
It is now that I'm using that angle as suggested in Martin's guide.

natweststaffmember

PHILUPMYPOCKETS wrote: »

When I took up the claim with the courts it was on the basis of the legality of the charges under the 'Unfair Contract Terms' in 'Consumer Contracts Regulations'.
When the courts wrote to me stating my case be stayed, no mention was made of proceeding due to financial hardship.
It is now that I'm using that angle as suggested in Martin's guide.

Court claims cannot be pursued based on financial hardship since that would be with the FOS. What are the terms of your current stay with the county court?

PHILUPMYPOCKETS

The wording on the letter dated August 2007 from the courts states:
In this claim you are pursuing a bank on the basis that the terms and conditions under which charges have been imposed upon you by the bank are unfair within the meaning of the Unfair Contract Terms in Consumer Contracts Regulations 1999 and/or constitute unenforceable penalties.....etc....in relation to your claim he (Designated Civil Judge for Wales) has made an order on the court's own motion that the case be stayed with immediate effect, pending the outcome of the Commercial Court litigation.....you may apply to the judge that the stay be lifted.......in any event, the judge will issue further directions in this case once the Commercial Court litigation has been determined.

natweststaffmember

PHILUPMYPOCKETS wrote: »

The wording on the letter dated August 2007 from the courts states:
In this claim you are pursuing a bank on the basis that the terms and conditions under which charges have been imposed upon you by the bank are unfair within the meaning of the Unfair Contract Terms in Consumer Contracts Regulations 1999 and/or constitute unenforceable penalties.....etc....in relation to your claim he (Designated Civil Judge for Wales) has made an order on the court's own motion that the case be stayed with immediate effect, pending the outcome of the Commercial Court litigation.....you may apply to the judge that the stay be lifted.......in any event, the judge will issue further directions in this case once the Commercial Court litigation has been determined.

Contact your local court and ask whether there is anything you need to do with your claim. The unenforceable penalties is definitely lost in the claim.
Contact your local court for a further update.

PHILUPMYPOCKETS

Thanks for the advice. Will contact the court for an update.