hi ho hi ho its off to court we go!!!

jenny5969

Me V A&L :T Hold since 07 now COURT DATE 30th June 2010

Hi I need sum Help pls ........

I am gettin all my info 2 gether but need sum advice its been so long since i swotted up on all this

I read that it is another criminal offence for banks to obtain charges from monies paid via BENEFITS,at the time I incurred my charges I had been out of work on statutory sick pay.which they were fully informed of.
what is the correct term to use in quotting this to the judge??? I am claiming on the fact that these charges put me into financial hardship.

Power to the PPL :beer: good luck all x

esmerellda

It isnt a criminal offence to take charges from benefits, tho it is a common misconception, the act refered to is the social security administration act.

Whats dates are the charges between, and approx how much in charges were taken whilst you were on SSP.

Premier_2

jenny5969 wrote: »

Me V A&L :T Hold since 07 now COURT DATE 30th June 2010...

...what is the correct term to use in quotting this to the judge??? I am claiming on the fact that these charges put me into financial hardship.

Power to the PPL :beer: good luck all x

You have no legal right to the refund of bank charges based on financial hardship.
There is a lending code, not a legal requirement, as to how banks should act.

The independent ombudsman is the person who you should have complained to regarding any dispute over any alleged breach of that code(if you couldn't resolve any dispute direct with the bank)

The FOS would also clarify to you, that even if you were in financial hardship, that would not automatically entitle you to the refund of any charges.

As it wouldn't have cost you any money to have taken the matter to the FOS, did you actually do that before bring about a claim in the court? If so, what was their verdict?
Unfortunately, now that the dispute has been taken to court, the FOS will not consider your claim. Remember, the judge will expect you to have taken resaonable actions to have resolved this matter before bringing the case before him; court action should always be considered only as a last resort.

jenny5969

the charges whilst i was on SSP occurred from Nov 01 - Nov 02
I was in and out of work & hospital due to illness and eventually left job in the June and recommenced employment that Nov 02

the charges during this date total £436
the mth of
Sept 02 £88.50
Oct 02 £54.50
Nov 02 £113.50 :eek:

I have been working solely on the advise of ppl using this site from 2007 and was told that my case would be better dealt with in court than with the ombudsman if I had been informed to take the easier option with the Om I would have gladly done so ... unfor my case is almost here ..... wot eaxactly do I need to change with the court documents ??? I am going to give them a ring tomorrow


R U saying u think I am wasting my time going to Court or what exactly R u saying?

Premier_2

The situation today (well since the Supreme Court ruling in November 2009) is very different to what it was back in 2007.

Are you saying these charges occurred in 2001 - 2002? Shame you didn't slam a claim in years ago - you'd have probably got paid out then. But as I say, following that decision, the situation has now changed.

I'm not sure who advised you to go directly to a court based claim back then. I'm sure MSE Martin has always advised going to the FOS first (where they accept such a claim) because it doesn't cost you anything and you are not bound by it's decision (but the bank is if you accept their decision).

What's more, a court expects complainants to only bring about court claims as a last resort. Your failure to have taken the matter to the FOS first may be used to suggest you hadn't taken all reasonable actions to try to resolve the claim before commencing court action.

natweststaffmember

Background information to the case:
https://forums.moneysavingexpert.com/discussion/304752

Posts 528 onwards/

Then later
http://forums.moneysavingexpert.com/showpost.php?p=5290209&postcount=1167

Then on this thread
https://forums.moneysavingexpert.com/discussion/435959

then here:
http://forums.moneysavingexpert.com/showpost.php?p=5446011&postcount=1134


That was all the relevant posts.