Reopening a 5 year old bank charges claim (stayed)

odysseus_2

Hello,

5 years ago I attempted to reclaim my bank charges from Abbey national, I got all the way to court where my case was put on stay awaiting the result of that oft case. At the time my only option was to prove financial hardship but it would have been difficult to prove as I was doing pretty well back then.

I was very disheartened by the oft test case result and since then I have forgotten all about it.

However I now find myself in debt, I'm 6 months in arrears on my mortgage, which also happens to be with santander. I have a payment plan arranged and I can manage it ok, but is it possible to get my case opened again as I can now prove financial hardship?

Thanks, Ody

~Brock~

No, because by your own admission you were not in financial hardship back then, when the charges were incurred.

odysseus_2

but the case is still on stay no? or would it be closed by now?

The charges were incurred over a 6 year period, obviously I was in financial hardship for a substantial amount of that time as I incurred the fines.

At the time of the court case 6 years later I wasn't I didn't need to money desperately at that time.

Premier_2

odysseus wrote: »

but the case is still on stay no? or would it be closed by now?

The charges were incurred over a 6 year period, obviously I was in financial hardship for a substantial amount of that time as I incurred the fines.

At the time of the court case 6 years later I wasn't I didn't need to money desperately at that time.

Contact the court to find out.

Courts don't handle claims based on financial hardship. As you have taken the complaint to court, you cannot now ask the FOS to review it.
Your court claim, if not already struck out, would fail unless you change your PoC ... and no one (apart from a rather bizarre case involving false imprisonment) has successfully reclaimed bank fees via court since the Supreme Court ruling.

You forgot about it, I suggest you let it stay that way.

If you are now believe you are in financial hardship and are currently incurring bank charges, then you could ask your bank to consider a refund of these recent fees. The bank are not under any obligation to refund any fees appropriately applied, but will look at each case on its merits.
As the bank has now agreed a repayment plan, which by your own admission, you are able to manage then any refund may be considered inappropriate in this instance.

odysseus_2

Premier wrote: »

no one (apart from a rather bizarre case involving false imprisonment) has successfully reclaimed bank fees via court since the Supreme Court ruling.

ok, that's the piece of info I needed to know, maybe I will forget about it and get on with other more productive work.

Out of interest though what's PoC? Does that mean effectively starting a new claim?

Thanks.