Urgent! Bank Charges - letter from court, stay lifted?

kashworth1978

Hi there, I wonder if anyone can help and give me any advice. This is the first time i've posted but this site has been really helpful since I started mine / husbands bank charges reclaiming back in 2007.

To try and keep it simple we did all templates, letters etc. to HSBC in 2007 and took court action but it was right when the OFT put a stay on all cases in court. So back in Nov 09 I think it was when OFT said charges were fair we thought that would be it, we have no hardship case. We heard from HSBC in beginning of 2010 basically saying we would not get money back and it was over. Then I am pretty sure we had a letter from the court saying it was over as well, but I can't find the letter.

Well out of the blue last week my husband received a letter from the county court saying the stay on the case has been lifted and hearing date set for 10th May 2011. As you can imagine we are a little worried what this means, although we want to persue this surely all our original
arguments are now not valid as the OFT has ruled the charges are fair etc. Also we do not want to proceed and end up having to pay costs etc.

The reason for the stay to be lifted is the court has received a letter from HSBC solicitors (DG) as I assume they thik it is still in the court system...??

Has anyone been through this / or knows what we can do.....Any help will be hugely appreciated!

Many thanks.

Premier_2

I would suggest you read the MSE guide to reclaiming bank charges, in particular the supplementary guide to reclaiming via court.

You are correct, your previous arguements have no legal basis. Furthermore, no one has reported any success in court using the revised arguments since the Supreme Court ruling in November 2009.

I would suggest, unless you think you have some reason the best legal brains haven't come up with, that to avoid further inconvenience and possible further court charges, that you advise the court you no longer wish to pursue this matter.

podperson

Wow, that's been rushed through. As Premier mentioned have a look at the new argument on the reclaiming guide and see if you want to try that route. If you do then I would suggest contacting the court as I am currently doing a court claim (for cc charges tho so sorry not much help there!) and all papers must be in 2 weeks before the date which for you would be tomorrow!!
If you're in small claims court then it's unlikely for you to have to pay costs if you lose although not unheard of.