Reclaim Unfair Bank Charges article discussion Part II

Jayneo_2

Me & my partner are due in Cardiff court on 14th August. We have both sent our Court Bundles to the court & DG Solicitors in Birmingham (representing HSBC). We have now both received a letter from DG stating they are going to ask the court for a 'stay'. Couple of questions :

1. Will they ask for this on the day of our court cases?

2. Does this mean it's the end of the line until the test cases have gone through with whatever outcome?

3. Do we still have to go to court?

4.Can we still get our bank charges back on the day?

5. We haven't had any info/court bundle from the solicitors so can we ask the court to 'strike out the defence' or is that something different??

Please help anyone?????

Edinburghlass_2

Have a read and follow Jester's posts regarding Cardiff in this thread...

http://forums.moneysavingexpert.com/showthread.html?t=512661&page=18

Jayneo_2

Edinburghlass wrote: »

Have a read and follow Jester's posts regarding Cardiff in this thread...

http://forums.moneysavingexpert.com/showthread.html?t=512661&page=18

Thanks Edinburghlass,

Can I get a N244 anywhere on lien or does it come from the courts? Not quite sure what it means either - is it asking for the stay to be reversed? What kind of reason do you think I sould give for the reversal apart fromt eh fact it's taken since Feb 07 to get anywhere with this. Is it easy to get it reveresed? Also - as I mentioned before - I haven't had any paperpwork form DG Solicitors so surely they've fallen foul of the law somewhere along the line or don't they have to submitt any to me??
This is all too complicated for me so I'd appreciate uour feedback
XX

Edinburghlass_2

To be honest I haven't had time to read up on it myself I just know that Jester has linked to the thread in CAG and it is regarding HSBC. You can download some forms from the HMCS website but not sure if this is one.

malti050676

good for you!

I claimed against the natwest in may, went thru the usual non-replies until I actually won my case by default and had judgement entered on 26th july for immediate payment.

Today I called them and asked when I would see the payment in my account but was told that they are appealing to the court to have the judgement set aside because the right department at natwest never received any of the courts or my correspondence until after the judgement was awarded against them.

I laughed at this and immediately completed a form to send in the bailiffs but if their ruse is legal and the judge falls for it, I guess I will be waiting until next year like everyone else!

It looks like this is the latest scam by the banks to delay payments. I would be interested to see what martin lewis makes of this one. Personally I think that it is a blatent abuse of the legal system and should be publicly highlighted.

malti.:mad:

fuzzyb

Can anybody tell me if the wiaver on dealing with reclaims applies to all banks/building societies or just those that have agreed to take part in the test case? I've got an ongoing claim against A&L, who don't appear to have signed up for it, and whilst they've made me an offer it's nothing like what I'm due. So I don't know whether to cut and run and accept the offer, whether to continue with the next stage (court action) or whether to wait for the test case result. Also, does the waiver mean that the six year limitation period continues, or is that on hold for the period that the original claim was made?
Fuzzyb

xpcomputers

Does the reclaiming of unfair bank charges apply to Small Business Accounts too or just personal accounts?

The charges made on those accounts are generally higher, as you get charged for every little thing, including paying out/in cheques, and more for defaults etc.

lindilou39

xpcomputers wrote: »

Does the reclaiming of unfair bank charges apply to Small Business Accounts too or just personal accounts?

The charges made on those accounts are generally higher, as you get charged for every little thing, including paying out/in cheques, and more for defaults etc.

yes it also applies to business accounts.

tracepppp

Quick question if anyone can help - can you claim charges applied to a mortgage account that is now closed?
Many thanks

geebee2410

Hi

Claimed £1338 against Natwest plus interest. Usual procedures and letters sent and received. Natwest offered £1338 (no interest). I ignored the offer and went the MCOL route. Claim was defended and Cobbetts instructed by Natwest. Letter from Court now received putting a hold on proceedings owing to the test case.

Received letter from Natwest this morning saying their offer of £1338 still stands. I have sent it back accepting the offer. Hope I'm doing the right thing?