New Consumer Credit Act bank charges arguments

ilesmark

Hi all

Have been following some of this.

http://www.claimsfinancial.co.uk/blog/bank-charges-and-govan-law-center.aspx

Just out of interest - before I embark on my crusade against Nationwide, has anyone who has launched proceedings against a bank using these new arguments actually had a payout yet, or have the banks indicated they'll defend it?

Mark

Nath48

I'm also interested to know the answer to this having just posted my letter of new legal arguments to HSBC. I heard the banks were responding by saying that there will be no more payouts following the Supreme Court ruling, but that isn't even approaching an acceptable response! Has anyone had a response having used the new legal arguments?

Premier_2

I believe this relates to a matter where a plaintiff simply was given leave to actually amend their original POC (which was otherwise doomed to fail*), nothing more.

It was discussed here
http://forums.moneysavingexpert.com/showthread.html?t=2294297
(and I think in other threads too)

The case will not be heard until 11 June, so no one will know the outcome of the revised POC until then.

Personally I think if people feel that simply being allowed to bring a claim against someone else is a battle victory, they probably feel deep down that they are already losing the war.


* Edit: from the Govan Law site

If you have a small claims action seeking a refund of unfair bank charges sisted at the sheriff court then chances are it will be dismissed unless you amend the basis of your claim, in light of the Supreme Court's decision in OFT v. Abbey National plc and others [2009] UKSC 6.

MoneySavingExpert.com have produced a detailed guide on bank charges here. ...

http://govanlc.blogspot.com/2010/02/scottish-bank-charge-cases-amended.html

natweststaffmember

ilesmark wrote: »

Hi all

Have been following some of this.

http://www.claimsfinancial.co.uk/blog/bank-charges-and-govan-law-center.aspx

Just out of interest - before I embark on my crusade against Nationwide, has anyone who has launched proceedings against a bank using these new arguments actually had a payout yet, or have the banks indicated they'll defend it?

Mark

There has been NO PAYOUTS(excluding financial hardship cases--which don't go through court) that have gone through the county court system.

ilesmark

All - thanks.

By way of clarification, what I meant was that prior to the test case, banks would automatically pay out as soon as anyone sued them using the old penalty charges arguments.

This time around, at least from what I have picked up, banks appear to have issued rebuttals to everyone who has written them claim letters using the new Consumer Credit Act arguments, and to have lodged defences to any County Court claims brought under the new Consumer Credit Act arguments.

I was just wondering whether anyone knew of any bank that had paid out having been sued under the new Consumer Credit Act arguments.

Mark

esmerellda

None

Nationwide are going to be particularly hard to claim from btw unless you have very strong personal examples of unfairness.

ilesmark

Love the smiley face answer to that question - do you work for one of the banks?!

Unfairness - I got charged £150 for going c. £11 over my 'agreed' overdraft limit.

esmerellda

pmsl, I've applied but they won't have me.

Any other specific unfairnesses ?

How was the £150 made up - best way to work out if you were ACTUALLY charged £150 from going £11 over is to type out your statement from just before the £11 OD to when you had been charged £150.

ilesmark

Well, the £150 was made up of 4x failed Direct Debits at £30 each, plus an additional £30 for 'exceeding the agreed overdraft limit'.

They had reduced my overdraft limit to £450, then I had gone to about c. £453, then they added on c. £8 of interest then a few days later these 3 d/ds hit and bounced because there was insufficient funds.

esmerellda

Did they give you notice of the reduction in your overdraft ?

What had they reduced it from and how long before the three DD's were bounced ?

Would the DD's have cleared had they not reduced your overdraft ?

ilesmark

Tried the first argument with them already - but yes, they did give me at least a month's notice that they were going to reduce it.

I would need to check my statements to find out how soon after the reduction took place that the D/Ds were bounced. However, in the light of the above, is this point still material?

Yes, they would have cleared had the overdraft not been reduced.