Barclays Bank (merged)

Rex_Mundi

Over at https://www.consumeractiongroup.co.uk they have a court pack you can download and print off.

There is still a chance the bank will either settle before you go into see the judge, or they will not turn up (in which case you go, and apply for judgement). Some banks have settled on the court steps before.

Rex_Mundi

Anioli wrote:

As I have left it so late now do I have to start the process again or can I take them to court from now - as I have a new job and money.

Also I have a few other charges since I first claimed can i add them on? I would appreciate some help with this as I am very nervous about taking my bank to court as I am sure you all were.

I look forward to hearing from you.

You can issue a court claim now. Add the extra charges onto your court claim. You will need a full list of the charges to present to the court.

Rex_Mundi

Move straight onto the next stage. Either send the letter threatening court action, or if you've sent this already. Start a court claim.

reddannio

Rex_Mundi wrote:

You can issue a court claim now. Add the extra charges onto your court claim. You will need a full list of the charges to present to the court.

I have this issue too. Where do you outline the new charges on the claim ? Is it in the 'Particulars of Claim' & 'Amount Claimed'. Also do you have to notify the bank there are new/additional charges ?

vanman7

OK, I hope that we have all opened another bank account just incase the bank get nasty and close our account, but if they do close our account do they actually have any legal right to do so, and can we take legal action against them for doing this? After all.....all we have done is legally claim back OUR MONEY that they took from us.

And having your bank account closed; would this affect my credit rating or chances of opening another account in the future?

Edinburghlass_2

vanman7 wrote:

OK, I hope that we have all opened another bank account just incase the bank get nasty and close our account, but if they do close our account do they actually have any legal right to do so, and can we take legal action against them for doing this? After all.....all we have done is legally claim back OUR MONEY that they took from us.

And having your bank account closed; would this affect my credit rating or chances of opening another account in the future?

Yes they can close your account and some banks have done with 28 days notice. From Martin's article...

Some banks will close down your account when they pay out the cash – a bit of a "we'll pay up, but get lost” gesture. This may lead to a financial nightmare (and possibly break the Banking Code), so it’s very important that before you begin this process, you set up a bank account elsewhere to ensure you're not left out in the financial cold (read Best Current Accounts).

One thing I know many people worry about is the impact of reclaiming charges on your credit score/rating. In fact, banks can’t put a note on your credit reference files about this, though of course the fact you were over the limit in the first place will have affected it. Yet while it won’t be on your file, the individual bank may keep its own notes on you as a ‘difficult customer’ and this may impact any applications you make to it.

drewster_2

Hi all, I've got a question:

Is it mandatory that you attend the court hearing?

I know that the majority of cases don't reach this point (ie, they settle before the date) but I'm not in the best of health at the moment and I don't really fancy having to travel to the court etc.

If anybody could shed any light on this, I'd appreciate it.

Thanks :A

Rex_Mundi

If your claim goes as far as a hearing. You MUST turn up. If you don't, your case will likely be struck out by the judge, and you'll lose. You can have someone go along with you as a lay representative to speak on your behalf, but you must be at the hearing as well for them to do this for you.

kashie

Please help! I have just recieved an offer from my bank of £1,000, for charges of £2305. Obviously I am not impressed with this and plan ot take this all the way. However, in the letter from the bank, they are threatening to take my case to the Financial Ombudsman Service. Is this what has happened to other people and if so what should I do now? Do I continue to proceed with court action?

They also say in the letter that I would have had terms and conditions outlining the charges when I opened the account in first place. That was 20+ years ago and there is no way I would still have any proof of that.

Is this all just a scare tactic?

Edinburghlass_2

Which bank is it?