Reclaim Unfair Bank Charges article discussion Part II

Palerie-head

Hi all

The deadline for the bank to settle my claim (as ordered in a county court judgement) is 4pm tomorrow.

I received that letter from the court 10 days ago - yet I spoke to HSBC yesterday and they said they never received it and so have no intention of crediting my account!!

I have emailed them a copy of the court order, and I have also sent a message via internet banking to tell them that I will issue a warrant if they don't honour the court judgement.

I can't believe that I might be about to have to send the bailiffs in to the HSBC!!! Has anyone else had to issue a warrant?

Thanks

mixmoll

My court case with the Abbey was supposed to be on the 9th Aug. I had already sent of all paperwork to the court and the Abbey and was awaiting the 'big' day. I phoned up on the 7th and asked if everything was going to plan and the clerk explained that the bank had requested a stay on the case but as the Judge wasn't there to make a decisionI was still to appear. On the 8th, I had a letter from the court telling me a stay had been put on. Then the 9th,had a letter from the Abbey saying the same and for me to keep all statements etc for the final outcome. I'm so 'bl****' annoyed as I have forked out £80 which I can ill afford, will I get this back if they have to pay out and if I have to wait, will I be able to claim the extra interest?

blue13

Hi all.
First ive posted.
Some success to report and also looking for some advice. Been in the process of reclaiming from Lloyds since April. Total charges:£1247.5+£193.25 interest= £1440.75.

I gone as far as writing to the FOS due to Lloyds refusing to pay up. While waiting for the FOS this court case suspended all claims and the FOS wrote to inform me of this.

Today I recieved a letter from Lloyds offering saying they dont usually do this but they will send me a check for £750.00 for full and final setlement of the matter, which is great but its not what they owe me. Can I accept this payment as part payment and also not agree to full and final setlement?

Any thoughts guys?

Edinburghlass_2

Accept in part payment and without prejudice and tell them you will be proceeding with court action for the remainder, and then you have to file at court.

Edinburghlass_2

Payney wrote: »

My MCOL claim has been transferred to my local county court, and they say that "The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise". They have under Rule 23.3 within 14days to apply for a stay.

At the same time Abbey has sent the letter about the test case and saying all the claims have been stayed.

Is my claim still going ahead?
Will the county court send me a questionnaire?
How do I go about defending my claim?

Thank you

Abbey will have to apply to your local court for a stay so until you hear otherwise your case will proceed. You'll next hear from your local court as to a date and its likely they won't send an AQ.

blue13

Thanks! Any ideas if i can say that i will continue to wait for the FOS to decide the out come of the court case? I thought we cant go down the court route due to this test case?

Edinburghlass_2

blue13 wrote: »

Thanks! Any ideas if i can say that i will continue to wait for the FOS to decide the out come of the court case? I thought we cant go down the court route due to this test case?

The banks will tell you that you can't go to court until after the test case has been resolved but if you start your claim then your early charges are protected against being time barred and the interest on your claim will continue to add up.

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

swazine

Hello,

I claimed money from the Halifax a few months ago which they duly put into my account after I had taken them court. I thought I had cancelled the mcol (obviously not), but have recently received a letter stating that my court date will be on 12th September.

Since then, Halifax have charged me a further £101 in charges. I have sent the two letters and am now ready to go through the mcol again process. My question is......

Is it wrong for me use this court date for an old claim but with my new £101 charges?

Any help, greatly appreciated.

tres01

Im not happy!!:mad:
HSBC or rather their lawyers turned up for what should have been the trial hearing and applied for the stay.
I had thought they might so printed out the defence against the stay.
The Judge was intimidating and didnt care that i have no legal experience. In fact one of hSBC's arguments was that it it was in MY best interests to have the case stayed until it could be tried by someone that knew what they were talking about!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (The judge told him "thats the most demeaning argument i have ever heard")
But still he allowed the stay even though i had my court date well before the OFT announcement.
So, give it a year for the test case and at least 2 years for the appeals if not longer which means i may see some money in 2010 (assuming the banks lose that is)
Going to court was a frightening, intimidating, and costly experience that i am in no hurry to repeat.

Do i have anywhere to go from here or do i just wait (and wait, and wait, and wait)

KJTN33

I've just spoken to Northampton County Court who had the case assigned to them through the online court process and as Halifax have given a defence in it has now been transferred to my local court, Bury County Court in Lancashire. I called them to to ask for advice and if I should be doing anything and she told me that it would go straight to the District Judge for him to decide and that he is staying all cases anyway so there's nothing I can do. I said can I send in a letter requesting for it not to be stayed or a letter explaining hardship and she said no. Is this the case I cannot add anything to ask the Judge not to stay it? Please advise.:mad: