Reclaim Unfair Bank Charges article discussion Part II

lillyboo

<TABLE class=tborder id=post6021784 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_6021784>Court Date Tomorrow 10am
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Hi All,

After a long 6 months of claiming my court date is finally here Tomorrow at 10am and I'm Sh***ing myself to put it mildly!!!!

Have had no offers at all from Abbey just a Goodwill £140 out of my £2777 claim + £220 court costs.

I've had the latest 'Your Court Case Will be Stayed' letter but when i've just rang the court, Abbey have not applied for this yet - the lady on the phone said they can do this tomorrow but it will be up to the judge if he/she accepts this or not.

As I'm 7 months pregnant I don't want this to drag on anymore and want it sorted, doesn't look like this will happen though.

Abbey have also just sent me a letter saying they are removing my £500 overdraft on September 1st - I wonder if this warrants a Stay too!! lol as i don't have a spare £500.

Positive thoughts for tomorrow please!!:cool: and i'll let you all know how I get on!!

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advent

lillyboo wrote: »

<TABLE class=tborder id=post6021784 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_6021784>Court Date Tomorrow 10am
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Hi All,

After a long 6 months of claiming my court date is finally here Tomorrow at 10am and I'm Sh***ing myself to put it mildly!!!!

Have had no offers at all from Abbey just a Goodwill £140 out of my £2777 claim + £220 court costs.

I've had the latest 'Your Court Case Will be Stayed' letter but when i've just rang the court, Abbey have not applied for this yet - the lady on the phone said they can do this tomorrow but it will be up to the judge if he/she accepts this or not.

As I'm 7 months pregnant I don't want this to drag on anymore and want it sorted, doesn't look like this will happen though.

Abbey have also just sent me a letter saying they are removing my £500 overdraft on September 1st - I wonder if this warrants a Stay too!! lol as i don't have a spare £500.

Positive thoughts for tomorrow please!!:cool: and i'll let you all know how I get on!!


</TD></TR><TR><TD class=alt2> </TD><TD class=alt1 align=right><!-- controls --><!-- post thank you hack --><SCRIPT type=text/javascript><!--function post_thanks_give_6021784()!! do_thanks_button = new vB_AJAX_Handler(true) do_thanks_button.onreadystatechange(thanks_button_Done_6021784) do_thanks_button.send('showthread.html?do=post_thanks_button_ajax&p=6021784') do_thanks_add = new vB_AJAX_Handler(true) do_thanks_add.onreadystatechange(thanks_add_Done_6021784) do_thanks_add.send('showthread.html?do=post_thanks_add_ajax&p=6021784')}function thanks_button_Done_6021784()!! if (do_thanks_button.handler.readyState == 4 && do_thanks_button.handler.status == 200) !! fetch_object('post_thanks_button_6021784').innerHTML = do_thanks_button.handler.responseText }}function thanks_add_Done_6021784()!! if (do_thanks_add.handler.readyState == 4 && do_thanks_add.handler.status == 200) !! fetch_object('post_thanks_box_6021784').innerHTML = do_thanks_add.handler.responseText }}function post_thanks_remove_all_6021784()!! do_thanks_button = new vB_AJAX_Handler(true) do_thanks_button.onreadystatechange(thanks_button_Done_6021784) do_thanks_button.send('showthread.html?do=post_thanks_button_add_ajax&p=6021784') do_thanks_remove_all = new vB_AJAX_Handler(true) do_thanks_remove_all.onreadystatechange(thanks_remove_all_Done_6021784) do_thanks_remove_all.send('showthread.html?do=post_thanks_remove_all_ajax&p=6021784')}function thanks_remove_all_Done_6021784()!! if (do_thanks_remove_all.handler.readyState == 4 && do_thanks_remove_all.handler.status == 200) !! fetch_object('post_thanks_box_6021784').innerHTML = do_thanks_remove_all.handler.responseText }}function post_thanks_remove_user_6021784()!! do_thanks_button = new vB_AJAX_Handler(true) do_thanks_button.onreadystatechange(thanks_button_Done_6021784) do_thanks_button.send('showthread.html?do=post_thanks_button_add_ajax&p=6021784') do_thanks_remove_user = new vB_AJAX_Handler(true) do_thanks_remove_user.onreadystatechange(thanks_remove_user_Done_6021784) do_thanks_remove_user.send('showthread.html?do=post_thanks_remove_user_ajax&p=6021784')}function thanks_remove_user_Done_6021784()!! if (do_thanks_remove_user.handler.readyState == 4 && do_thanks_remove_user.handler.status == 200) !! fetch_object('post_thanks_box_6021784').innerHTML = do_thanks_remove_user.handler.responseText }}document.write('');//--></SCRIPT><NOSCRIPT></NOSCRIPT><!-- end post thank you hack --></TD></TR></TBODY></TABLE>

Good Luck. You sound a positive sort of lady. I'm sure you'll be fine....and being 7months pregnant might even work in your favour!:D <!-- / message -->

fifibumble

First post too. Blue13, Same has happened to me had a letter saying everything on hold til court case (dated 30th July) then had a letter dated the 2nd Aug which didnt rec til the 7th Aug offering £750 in full and final settlement. I sent them a letter on the 8th saying not good enough and I do not accept the offer on the 9th £750 was paid into my bank account. Havent touched it, what do i do now?

Edinburghlass_2

Edinburghlass wrote: »

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

as above, you need to start court action to protect your claim

Palerie-head

:mad:

Palerie-head wrote: »

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

Hello again

Following on from my message earlier, I have just had another message from HSBC to advise that they definitely haven't had a copy of the court letter and have told me to check back in 2-3 days to see if they have had it then. I have already emailed it to them and suggested that they make contact with the court themselves. I have also suggested that if they would like to comply with the court order then they could provide me with a fax number and I will send them a copy to 'help them comply'.

Looks like the warrant is the only option - do I go back to the court that issued the judgement for this or can I do it via MCOL? Also, how long does it take and will it mean the bailiffs go to the HSBC?

Thanks!

k1mmie

How much would it cost to commence MCOL for a claim of around £260 against Capital One????? Advice appreciated.

maxinex

KJTN33 wrote: »

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:

Hi, i'm in same boat as you. Mine was transferred to Bury and they sent me AQ and this had to be in by Aug 6th. When the OFT case was announced i rang the court and asked if it would be stayed and they said no and i had to send another £100.00 for the AQ. Did this and when i rang today, they told me it was with the judge for direction but all their cases were being stayed and there was nothing i could do. Could have told me this before i parted with £100.00. In my AQ and draft order, i included an argument for the stay to be rejected, but don't think it did any good. will let you know when i hear outcome.

MarkLP

I'm about to start the courts process on Clydesdale but I'm unsure how to start because they are based in Glasgow and I live in England. Can some one please point me in the right direction. do I still use the small claims court?

lindilou39

yes you can still use the small claims

Edinburghlass_2

Palerie-head wrote: »

:mad:

Hello again

Following on from my message earlier, I have just had another message from HSBC to advise that they definitely haven't had a copy of the court letter and have told me to check back in 2-3 days to see if they have had it then. I have already emailed it to them and suggested that they make contact with the court themselves. I have also suggested that if they would like to comply with the court order then they could provide me with a fax number and I will send them a copy to 'help them comply'.

Looks like the warrant is the only option - do I go back to the court that issued the judgement for this or can I do it via MCOL? Also, how long does it take and will it mean the bailiffs go to the HSBC?

Thanks!

Check the MCOL FAQ here, its takes at least 2 weeks to serve initially.

http://www.hmcourts-service.gov.uk/cms/1051.htm#general