Non-hardship claims

dyfrigj

I've been reading the forum which has stories of success/failure since the Supreme Court ruling. I can't prove financial hardship, but I have paid a significant amount in charges over the past few years. I won't be able to go down the FSO route, but I'm willing to have a go at making the legal argument that MSE have outlined.
Has anyone else tried to reclaim using the legal, rather than the FSO, route, since the Supreme Court ruling? What kind of reaction did you get?

natweststaffmember

No one has yet to succeed using the new arguments. There has been one win using a slightly unusual method but it is not one suggested on MSE

dyfrigj

Has anyone reported failure, though? I can't see any postings here which deal with using the post-Supreme Court Ruling arguments. I'd like to know what their experience is.

natweststaffmember

dyfrigj wrote: »

Has anyone reported failure, though? I can't see any postings here which deal with using the post-Supreme Court Ruling arguments. I'd like to know what their experience is.

There are no wins via the FOS using new arguments and none via the courts. There is a case in Scotland tomorrow that might produce a result but it might not either.

dyfrigj

I understand that there haven't been any wins. What I'm asking is whether anyone has tried using the new legal (non FOS) arguments? What happened? Did they bottle it before going to court? What was the bank's reaction?

The reason I ask is that I had £330 of charges last April. I'm not in hardship, but I still feel that this is unfair. I'm willing to go to court, using the Consumer Credit Act argument that MSE have put together. But I want to know if anyone else has tried and failed.

natweststaffmember

dyfrigj wrote: »

I understand that there haven't been any wins. What I'm asking is whether anyone has tried using the new legal (non FOS) arguments? What happened? Did they bottle it before going to court? What was the bank's reaction?

The reason I ask is that I had £330 of charges last April. I'm not in hardship, but I still feel that this is unfair. I'm willing to go to court, using the Consumer Credit Act argument that MSE have put together. But I want to know if anyone else has tried and failed.

I have answered you but to add some things. The bank default back to the Supreme Court judgement and state you have no case. If you go to court that is your choice but be aware that the bank are threatening people with costs if they lose and may or may not be granted them. Patience is what is required.

Premier_2

No one has posted on here that they have been to court and lost. Maybe no one has been? Maybe those who tried gave up once they realised the financial risk they were exposing themselves to? Maybe if anyone has lost, they are too embarrassed to post?

Even if people had won or lost, it shouldn't affect your claim. Most claims would be handled by the small claims court and any decision wouldn't set any legal precedent.

If you want to claim via the court, go ahead (being aware of the financial risk you may be exposing yourself to) and let us know how you get on; win or lose.

natweststaffmember

Premier wrote: »

No one has posted on here that they have been to court and lost. Maybe no one has been? Maybe those who tried gave up once they realised the financial risk they were exposing themselves to? Maybe if anyone has lost, they are too embarrassed to post?

Even if people had won or lost, it shouldn't affect your claim. Most claims would be handled by the small claims court and any decision wouldn't set any legal precedent.

If you want to claim via the court, go ahead (being aware of the financial risk you may be exposing yourself to) and let us know how you get on; win or lose.

Why am I sounding like you these days and you sounding like me?
I say caution you say go ahead, lol. Premier, I think we are both losing the plot

dyfrigj

I'm quite happy to take this to the Small Claims. The claim is for £1600, so the maximum costs that a small claims court would award is £160 (10%). I'm happy to shell out £160 to try my luck.

Premier_2

dyfrigj wrote: »

I'm quite happy to take this to the Small Claims. The claim is for £1600, so the maximum costs that a small claims court would award is £160 (10%). I'm happy to shell out £160 to try my luck.

That may not be the limit of your costs should you eventually lose, as NWSM has already suggested.

dyfrigj

It would not be significantly higher, unless it progressed to the Appeals Court, or the judge ruled that my bank could be awarded costs for my unreasonable behaviour.