Reclaim Unfair Bank Charges article discussion Part II

cyberman_3

As of today the signatures have increased

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

Signatures: NOW >>>>> 35,208

It would now be very foolhardy for the government to ignore such a vast number.

REMEMBER >>>> TELL YOUR FRIENDS

AmazingSunshine_2

bailiffs and warrants of execution
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Hello to all,
Please forgive me if I have this in the wrong section, I wasn't really sure what section to put this question in! Apologies also for it being long.
I could really do with some advice (please)

I made a claim starting in March against Bank of Scotland (which is now HBOS) eventually after threatening court I got a reply saying they could only offer me £762 as they only had 1000 of bank charges on their system.
I gently pointed out I have bank charges on my statements in my posession totalling over £2500 (at one point they were charging me £20 a day to use the account and up to £80 a month interest charges.
They then sent a cheque for 2050 (with interest my claim is 4185) with letter attached that if I cashed this it would be seen as the only payment in full and final settlement of my claim so I didn't cash it and continued with the court action.
To cut a long story short. They didn't file a defence within time-when they did eventually reply the Judge said they'd not replied in time and I was given the judgement in full by default.
They still didn't pay after judgement so I went back to my court (hampshire) and they issued a warrant of execution (24th July)
when I phoned22nd August the courts (Halifax) they said the bailiff
a) hadn't done anything on my case (four weeks after having paperwork
b) doesn't take the warrants only the amounts when he goes to banks
c) isn't around till 4th september
d) by the way do I know they have 12 months to get the money!

My courts say this isn't acceptable and to make a formal complaint. Also that the warrant is clear. IF Bank of Scotland don't pay up then Bailiff should take goods to the effect of what's owed.

So what do I do next?
1) can I write to the bank say I'm cashing the cheque as an interim payment and am only accepting it as part payment
2) looking around the internet another option is private bailiff's who pretty much guarantee a quick return of your money in full (minus their fee) is this a good way to go?
3) any other suggestions. I'm currently struggling financially and I need this money should I just give up and take the 2050 on the grounds that at least that's better than nothing though I'd rather not
Thanks for your time

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catoxley

:mad: utterly gutted recieved a letter from northampton count court my case is stayed..........Wonder if we'll all lose out now and how long this will go on for.

What makes me more angry is the fact that about 3 months ago i wasnt working and they charged me £117(3 lots of charges) and they took the whole of my working familys tax credit so i had no money for food electric and so on. Even when i phoned in tears i was told they couldnt do anything about it:mad: so if we lose its ok to treat people like dirt and take our money.......was better when we all got a wage packet and didnt need banks.

cyberman_3

catoxley wrote: »

:mad: utterly gutted recieved a letter from northampton count court my case is stayed..........Wonder if we'll all lose out now and how long this will go on for.

What makes me more angry is the fact that about 3 months ago i wasnt working and they charged me £117(3 lots of charges) and they took the whole of my working familys tax credit so i had no money for food electric and so on. Even when i phoned in tears i was told they couldnt do anything about it:mad: so if we lose its ok to treat people like dirt and take our money.......was better when we all got a wage packet and didnt need banks.

The FSA have stated that cases of financial hardship can be heard. Suggest you advise the court of your circumstances.

Read my post above about Barclays. This is just the start and you have equal rights to tell your court what your bank are doing to you

cyberman_3

AmazingSunshine wrote: »

bailiffs and warrants of execution


<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Hello to all,
Please forgive me if I have this in the wrong section, I wasn't really sure what section to put this question in! Apologies also for it being long.
I could really do with some advice (please)

I made a claim starting in March against Bank of Scotland (which is now HBOS) eventually after threatening court I got a reply saying they could only offer me £762 as they only had 1000 of bank charges on their system.
I gently pointed out I have bank charges on my statements in my posession totalling over £2500 (at one point they were charging me £20 a day to use the account and up to £80 a month interest charges.
They then sent a cheque for 2050 (with interest my claim is 4185) with letter attached that if I cashed this it would be seen as the only payment in full and final settlement of my claim so I didn't cash it and continued with the court action.
To cut a long story short. They didn't file a defence within time-when they did eventually reply the Judge said they'd not replied in time and I was given the judgement in full by default.
They still didn't pay after judgement so I went back to my court (hampshire) and they issued a warrant of execution (24th July)
when I phoned22nd August the courts (Halifax) they said the bailiff
a) hadn't done anything on my case (four weeks after having paperwork
b) doesn't take the warrants only the amounts when he goes to banks
c) isn't around till 4th september
d) by the way do I know they have 12 months to get the money!

My courts say this isn't acceptable and to make a formal complaint. Also that the warrant is clear. IF Bank of Scotland don't pay up then Bailiff should take goods to the effect of what's owed.

So what do I do next?
1) can I write to the bank say I'm cashing the cheque as an interim payment and am only accepting it as part payment
2) looking around the internet another option is private bailiff's who pretty much guarantee a quick return of your money in full (minus their fee) is this a good way to go?
3) any other suggestions. I'm currently struggling financially and I need this money should I just give up and take the 2050 on the grounds that at least that's better than nothing though I'd rather not
Thanks for your time

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The point here is that you have already won by default. Before you give in and cash that cheque I would do the following.

1: Contact the Court where the bailiff resides and complain that you have paid money to issue the warrant. Ask when the bailiff will call and collect your money. YOU NEED A DATE and push for this.

2: Phone the bank and advise them that you have instructed the warrant of execution to the bailiffs to collect the monies owed. If you do not receive full payment plus the costs etc within 24 hours, you will allow the bailiffs to proceed without further notice.

No bank wants the bailiffs calling.

Regarding private bailiffs, they are somewhat threatening but it will cost you money. Why go that route when you have already won through our legal system. You could go a little step further with the bank and indicate that you will contact the local press on the date the bailiff will appear.

When the going gets tough, the tough get going SO ... over to you

catoxley

do i write to the court i recieved the letter from?
also i really have no legal knowledge at all what would i write without sounding stupid?

cyberman_3

catoxley wrote: »

do i write to the court i recieved the letter from?
also i really have no legal knowledge at all what would i write without sounding stupid?

Contact the court where the bailiff on this case resides.

Phone them and ask when the bailiff will be executing the warrant

cyberman_3

Judge calls halt to bank charges

http://news.bbc.co.uk/1/hi/business/6960358.stm

catoxley

sorry i'm confused
i got a letter this morning from northampton court and it says on the front


* it is ordered that

1)Following the filing of a defence or holding defence the claim shall be stayed pending judgement in the OFT test case

2)liberty to apply with an explanation.

And its stamped by the court who do i ring? and what do i say?
sorry.

Let_Robinson_Sing

Hello

Just had a letter from HSBC advising i went overdrawn twice in the last month. once for 5 days and the other for 1 day, which i rectified. I've been charged £50 for this. I was on the phone to HSBC asking why this happened and said that the charge didnt justify what happened because i had no prior warning and no correspondance. I have all statements online. Do you think I'll be able to reclaim my bank charges.