Reclaim Unfair Bank Charges article discussion Part II

k1mmie

Can I still claim from Egg. I have not commenced any claim as yet.

shaun_john00

I dont know what to do.. Please help anyone. I received this today. PLEASE HELP...


General Form of Judgement or Order


In the xxxxx xxxxx County Court
Claim Number : xxxxxx
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Claimant : xxx xxx
Defendant : xxxxxx Bank
Date : xx July 2007


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Before DISTRICT JUDGE XXXX XXXX sitting at xxxxxxx County Court, xxxxxxx xxxxx xxxxx.
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Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it
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IT IS ORDERED THAT

The particulars of claim are struck out as disclosing no reasonable grounds for bringing a claim.
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The Claimant shall by 16.00 on xx August 2007 file and serve an amended particulars of claim setting out the basis of the claim and in particular providing the following information:
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a. a statement setting out the particulars of the breach of contract and any explanation (if such a breach is alleged). The statement shall exhibit a copy of the relevant bank terms.
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b. a schedule showing how the amount claimed has been calculated by reference to the individual item by description, amount and date.
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c. In the event that the Claimant is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought.
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d. In the event that the Claimant is seeking to claim reimbursement in respect of interest charged on any overdrawn amount, the claimant is to identify such sums and set out in brief the reasons why such charges are being sought.
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If the Claimant fails to comply with the above, the claim will be struck out without further order.
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The Defendant has leave to file an amended defence within 14 days of receipt of the amended particulars of claim, if so advised.
Upon compliance with the above, the matter is allocated to the small claims.
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The Defendant shall 28 days following compliance with the above, file and serve a response (in so far as it is not dealt within any amended defence), stating in respect of each item claimed:
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a. Whether the sum charged was a charge made pursuant to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars as to how it was calculated.

b. Whether such charge is accepted to be a penalty, or otherwise not recoverable and if not, why not.
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c. If it is alleged that the charges are a genuine pre-estimate of the Defendant’s loss incurred, to file and serve all evidence to be relied upon at trial that such claim was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was.
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If any party fails to comply with the terms of this order, the Court will at the directions hearing consider whether to strike out the claim or strike out the defence and enter judgement for the Claimant.
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The matter is listed for further special directions at 3.00 pm on xx October 2007 at xxxxxx Court,xxx,xxxxxx, when the court will further consider the matter and give such further directions as are necessary to enable to proceed to trial.
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This order has been made by the Court of its own motion.
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Dated xx July 2007.

calibra65

Edinburghlass wrote: »

I'm not sure what you mean by a managed loan but if you mean the loan is linked to your current account then it is likely that any monies reclaimed will go towards any debt held by the bank.

Hi, yes, I have a loan with HSBC and am reclaiming charges. Although I have managed to secure another current a/c, in case HSBC decide to close my account. Even if this did happen the loan is setup in a different account so I would still have to pay the monthly payment but via standing order from the new account. hope this helps.

hatchy62

Hi
In the article about reclaiming charges and 'How the OFT test case impacts you'
Under the sub heading 'Other issues and questions', question 6. 'What else can I do if I am living on benefits'

Answer: copy and pasted here
A: If you rely on benefits for your main income, such as Income Support or Job Seekers Allowance, there is still possibly a way you can claim; though it relies on a slightly different law. All past claims have been based on contract laws but there is another law called the Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.
If you are in this situation, contact your bank to tell them that you are living on benefits and it should process your compliant. If it still does not help, contact the Financial Ombudsman, but make sure you tell it that you are receiving benefits and your case will be dealt with. For details on contacting the Ombudsman see the main Bank Charges Reclaiming article.

I have got to the stage of an offer from Barclays which is 50% of my original claim.

I have been on benefit since 1999 due to having to stop work to look after my Mother who had a stroke and needs looking after.
I have been in receipt of Pension credits and Carers allowance which comes to a grand figure of £98 per week. This money would help both of us.

Can I proceed to try and claim the full amount they owe me, or would I still be in the same situation and be put on hold till the end of the test case.

Hatchy

Edinburghlass_2

shaun_john00 wrote: »

I dont know what to do.. Please help anyone. I received this today. PLEASE HELP...<o></o>

Please follow post 120 here...

http://forums.moneysavingexpert.com/showpost.html?p=5556925&postcount=120

Edinburghlass_2

hatchy62 wrote: »

Hi
In the article about reclaiming charges and 'How the OFT test case impacts you'
Under the sub heading 'Other issues and questions', question 6. 'What else can I do if I am living on benefits'

Answer: copy and pasted here
A: If you rely on benefits for your main income, such as Income Support or Job Seekers Allowance, there is still possibly a way you can claim; though it relies on a slightly different law. All past claims have been based on contract laws but there is another law called the Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.
If you are in this situation, contact your bank to tell them that you are living on benefits and it should process your complaint. If it still does not help, contact the Financial Ombudsman, but make sure you tell it that you are receiving benefits and your case will be dealt with. For details on contacting the Ombudsman see the main Bank Charges Reclaiming article.

I have got to the stage of an offer from Barclays which is 50% of my original claim.

I have been on benefit since 1999 due to having to stop work to look after my Mother who had a stroke and needs looking after.
I have been in receipt of Pension credits and Carers allowance which comes to a grand figure of £98 per week. This money would help both of us.

Can I proceed to try and claim the full amount they owe me, or would I still be in the same situation and be put on hold till the end of the test case.

Hatchy

As the above bit that is bolded.

Edinburghlass_2

calibra65 wrote: »

Hi, yes, I have a loan with HSBC and am reclaiming charges. Although I have managed to secure another current a/c, in case HSBC decide to close my account. Even if this did happen the loan is setup in a different account so I would still have to pay the monthly payment but via standing order from the new account. hope this helps.

Your loan should be separate agreement and provided it has been kept in "good order" then you should have no problems claiming on your current account.

karis2000

Hi, If you ring the court they should be able to tell you what is happening.

hughie278

dolphin939 wrote: »

Hi was successful on the 22nd June i reclaimed back £5635.05 from the halifax.

Lorraine

Result!!!!!

Im awaiting a reply of some sort from LLoyds. I got a letter today, but sadly it tells me im £65 overdrawn because of their new charges, haha. Ill have to re-send my reclaiming letter now with an updated claim.

Also, my friend claimed £2300 from Natwest on 22nd July successfully.

k1mmie

Just a note for consideration: I recently read on the CAG site that not all catalogure/credit agreement companies are playing ball legally. I drafted a letter from the site and sent it to JD Williams whom had been billing me for £134.20. I wrote to them on many occassions asking what this amount was for as I had no recollection of this amount. They just kept on telling me pay up or going to court! SO I sent this letter which requests a signed copy of the original credit agreement (stating all the legal terms). They wrote today sayin that they had closed their files as their client had confirmed that the document is not available.

Please therefore look closely into any amounts you are being asked/chased for.