Reclaim Unfair Bank Charges article discussion Part II

eddiekerr

princesskez26 wrote: »

If they ve not filed a defence was you not able to request judgement by default at the time ? Usually you get a hearing date as they have filed a defence so it gets passed to your local court for one to be set

ah ok, they said they intended to defend but they have provided no evidence to use in court, i have seen no defence paperwork just that they say it is legal and that i have no case,

which i would imagine is the scare tactics ??

Help i have 4 days

my original post is here

Edinburghlass_2

Phone your local court and ask them if the bank have sent in their paperwork to the court?

I'm sure I read yesterday of someone who attended court against Lloyds and they hadn't submitted anything to the court so won their case, check the Success Stories.

Edinburghlass_2

jackmalc wrote: »

Just been to court today in Kingston with A & L for an allocation hearing, they turned up and the judge has asked both parties to come back on the 25th July.

Can anyone tell me what this means and what should happen next?

Did the judge not tell you what it meant? As both parties turned up the judge has presumably decided that there is enough of a case to continue to a full hearing, I assume.

eddiekerr

Edinburghlass wrote: »

Phone your local court and ask them if the bank have sent in their paperwork to the court?

I'm sure I read yesterday of someone who attended court against Lloyds and they hadn't submitted anything to the court so won their case, check the Success Stories.

have phoned them yesterday and indeed they have not, this might be good news thanks ediburghlass from a glesgalad, lol, will have a search now,

eddie.

Edinburghlass_2

Here you go, this is the post I read...

http://forums.moneysavingexpert.com/showpost.html?p=5560299&postcount=584

I was born "doon the water" so will talk to anyone

annita

Hi all,

I hope someone can give me some advice, this month i had a cheque bounce and so there was no money in the bank to pay my direct debits ( i`m with Halifax) but the bank paid half of them and refused half but still charged me for all of them an average of £39.00, to make matters worse when i phoned them to explain what had happened they told me it was my problem and that they were also going to charge me a further £150 PER WEEK until i paid in full and that should i not pay promptly i will be black marked as a bad payer which will affect my credit rating. This could cause serious problems for me as i am about to apply for a second mortgage.

Desperately needing advice.

Many thanks for reading this.

freemaiden

techspec wrote: »

The Claimant has an account (xxxxxxxxx) with the Defendant, Opened in September 2001.

Between 22/10/01 and 25/06/07 the defendant debited numerous charges from the Claimants account.

The charges are an unfair penalty under The Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach. Under the law of penalties, the charges are an unlawful extravagant penalty

Under Section 69 of the County Courts Act 1984, the Claimant is entitled to interest of 8% per annum from the date they were first deprived of the money. This totals £348.13, accruing at the Daily Rate of 0.021% until judgment or payment.

hope you dont mind if i use this for my mcol with halifex it reads so well

The Claimant asks the court to enter judgment in their favour for £1,272 plus interest, totalling £1,620.13.

I have corrected a few spelling mistakes, including purported & accruing, so it may be easier to copy and paste mine. Check it over yourself first though. You will probably have to remove the spaces, as it won't fit.

There is no need to mention the £120.

When putting the amount claimed on MCOL, it is £1620.13. You include the interest so far. Make sure you press recalculate, to ensure that the correct costs appear.

p.s. Any other members spot any mistakes, please point these out NOW!

hope its ok if i use this for my mcol with the halifax it reads so well wish me luck

gingerninja_4

Hi Peeps, I had my court case moved to my local court, I have now recevied a letter moving the court again, the new court is not to far from me but does anyone know why????? Very confused.

tracepppp

Hi Everyone
Wonder if anyone can answer a question for me? I've decided to complain with FOS instead of court, is this pretty successful, and what are the general timescales?
Wrote and asked for amount of £9922 without int, waited 8 wks 3 days, promised "offer" letter in post on 4 occassions, only to have a decline letter :mad: :mad: :mad: So I have complained to FOS

Many Thanks

defender_of_the_weak

We use fos as it has distinct advantages over court.

No fee, no bundle, no legaleesee and they can deal with cases and make awards up to 100,000 that can be as binding on the company as a win in court. So far we have won 100% of all cases with fos and have not seen anything from other sources suggesting otherwise. Timescale from submission of complaint form to completion are dragging out now to 3-6months due to increasing volumes but a lot less hassle