Reclaim Unfair Bank Charges article discussion Part II

andrewmullins

Bank: HSBC
Amount Reclaimed:£ 3400
Amount they paid: £ 0
The story:

Started claim process back in April,got the usual we will look into your claim,then as usual heard nothing.Sent out all the usual letters to no avail.Issued court proccedings and they filed a defence.Two weeks ago they wrote informing me they were going to apply for a stay .Heard nothing again until I wen't to court this morning ( 20/08/07 ) only to find two other claimants AND 3 DEFENCE BANK REPRESENTATIVES.I told the judge that I did not agree to a stay due to financial difficuilties,but he said if we proceeded I would lose the case as two other judges in the district had ruled that the charges were not a penalty even though I informed him that if a charge for breach of contract exceeds the cost of the breach then it is a penalty!!Surely I cannot be the only one where the banks have turned up in court.

shamrock7

lyndsay23 wrote: »

hi can someone help me, not sure how to post a thread, new on here, anyway the problem is, started to reclaim bank charges from rbs on 10th june, 2 days before they were due to pay out to myself and my boyfriend, we both received letters from them saying that they had found a loophole and they are going to court because they feel the charges are lawfull, has this happened to anyone else? and if so, where do we stand? do we just have to wait??

Hi, when you say "2 days before they were due to pay out" do you mean 2 days before the deadline of 8 weeks that you were given? Also what date was on the letter that you received stating about the loophole? Also what date did you post requesting your charges?
Cheers!

TigerTiger26

Kathyx, threaten to use baliffs to seize your money for you. This appears to be working for me after been fobbed off for the past 10 days

Hope you and your kids get what you deserve

miss_somewhere_sunny

Hi everyone.....what a day!!! My hearing was today at Eastbourne County court....Barclays turned up, and gave me 10 mins before, a skeleton Argument for the stay....The Judge was issuing Stays on everyone elses,so I thought I was going to follow the pattern.....When it was my turn, I referred to the letter I had sent to the court opposing the stay, and stating that I have to leave the Country on a permanent basis on 31st August to look after my father and gave details of my credit card arrears to show I was indeed a hardship case..... Barclays told her that it was just a question of me wanting the money and that didnt count. The judge said that even so there was no time to hear my case today, and she doubted if it would be listed by my departure date. Then to my surprise she adjourned the case and when she called us back in five minutes later she said she had managed to fit me in before I go!!!! So she has ordered Barclays to give me their bundle by Friday and has allocated one hour to sort it out the day before I fly!!! Barclays said that they will appeal if they lose, but she didnt take that on board and I was so grateful, I think she was a very fair lady and I was surprised l'ill ole me fought my case against the stay /the big bank all by myself!!! But Now Im panicking !!! I cant find a local solicitor to help me, and Im worried they will turn up with Barristers to defend!! Any ideas anyone??? I'd hate to lose now I have fought so hard to get the case heard!!

MSS

LUVBUG

advent wrote: »

What did they say their defence was?
Chances are that their defence will be that they've already paid you. Look out for the postman:j
Good luck

not done this before so hope its correct i have recieved a letter today from optima legal services about their clients defence,what do i do now help,please:eek:

cyberman_3

tres01 wrote: »

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.
)

Clearly both parties thought the same. A judge who is like this really has no business being a judge and degrades the legal system.

Edinburghlass_2

miss_somewhere_sunny wrote: »

Hi everyone.....what a day!!! My hearing was today at Eastbourne County court....Barclays turned up, and gave me 10 mins before, a skeleton Argument for the stay....The Judge was issuing Stays on everyone elses,so I thought I was going to follow the pattern.....When it was my turn, I referred to the letter I had sent to the court opposing the stay, and stating that I have to leave the Country on a permanent basis on 31st August to look after my father and gave details of my credit card arrears to show I was indeed a hardship case..... Barclays told her that it was just a question of me wanting the money and that didnt count. The judge said that even so there was no time to hear my case today, and she doubted if it would be listed by my departure date. Then to my surprise she adjourned the case and when she called us back in five minutes later she said she had managed to fit me in before I go!!!! So she has ordered Barclays to give me their bundle by Friday and has allocated one hour to sort it out the day before I fly!!! Barclays said that they will appeal if they lose, but she didnt take that on board and I was so grateful, I think she was a very fair lady and I was surprised l'ill ole me fought my case against the stay /the big bank all by myself!!! But Now Im panicking !!! I cant find a local solicitor to help me, and Im worried they will turn up with Barristers to defend!! Any ideas anyone??? I'd hate to lose now I have fought so hard to get the case heard!!

MSS

Did the court ask you to provide a Court Bundle or just the bank?

cyberman_3

I see the petition has been signed by an amazing 22,755 people.

If this carries on growing as it will, within 12 months or so it will reach over 100,000 people.

Everybody should ensure that they tell all their friends to sign the petition.

http://petitions.pm.gov.uk/BankCharter/

If the government fail to take note, the chances are very high that when crunch comes to crunch, the issue will be revenged in votes. The great British Public are well known for "silent but deadly" tactics

A serious time for the government and the Banks. More so for the FSA who have placed the people they are supposed to protect US ... in limbo and still accruing penalty charges.

MAKE CERTAIN THAT YOU TELL AT LEAST 3 PEOPLE ABOUT THE PETITIONS SITE AND IF THEY HAVE THE SAME PROBLEM, GET THEM TO SIGN IT

Edinburghlass_2

LUVBUG wrote: »

not done this before so hope its correct i have recieved a letter today from optima legal services about their clients defence,what do i do now help,please:eek:

You don't need to reply to a defence, this is for the court/judge to decide on. They may have asked for your list of charges again which you can send them.

theozziend

miss_somewhere_sunny wrote: »

Hi everyone.....what a day!!! My hearing was today at Eastbourne County court....Barclays turned up, and gave me 10 mins before, a skeleton Argument for the stay....The Judge was issuing Stays on everyone elses,so I thought I was going to follow the pattern.....When it was my turn, I referred to the letter I had sent to the court opposing the stay, and stating that I have to leave the Country on a permanent basis on 31st August to look after my father and gave details of my credit card arrears to show I was indeed a hardship case..... Barclays told her that it was just a question of me wanting the money and that didnt count. The judge said that even so there was no time to hear my case today, and she doubted if it would be listed by my departure date. Then to my surprise she adjourned the case and when she called us back in five minutes later she said she had managed to fit me in before I go!!!! So she has ordered Barclays to give me their bundle by Friday and has allocated one hour to sort it out the day before I fly!!! Barclays said that they will appeal if they lose, but she didnt take that on board and I was so grateful, I think she was a very fair lady and I was surprised l'ill ole me fought my case against the stay /the big bank all by myself!!! But Now Im panicking !!! I cant find a local solicitor to help me, and Im worried they will turn up with Barristers to defend!! Any ideas anyone??? I'd hate to lose now I have fought so hard to get the case heard!!

MSS

Thanks very much for this. It certainly changes our view of what may happen this afternoon - we thought that Barclays wouldn't show! I have phoned hubby and read your message to him, so he now has to change tactics and go prepared for them showing up. He can show hardship however, he has been made redundant at age 55 and finishes next Friday. We still have bills to pay. I suppose these incidents are fairly unprecedented at the moment, but I will certainly relay his experience on here tomorrow morning. It's getting to be a war now. I wish everyone luck - I am so grateful that I got my settlement before all this confusion set in. :money: