Reclaim Unfair Bank Charges article discussion Part II

maxinex

spiritwish wrote: »

Yes. Barclays solicitor met me at Bury Court. They applied for stay. I objected. Judge ordered next court hearing Dec 10th. Got letter from Barclays out of blue yesterday to say I can have full settlement. Hope you get Judge Haigh - he was lovely. It had Judge Duerden on all my court papers so was surprised to get him. He definitely did not think Barclays deserved a stay and made things practically impossible for them.

Thanks for that, hope i get same judge. Suppose i'm halfway there because they have given me hearing for removal of stay, just keeping fingers crossed now, will let you know what happens. Well done on yours, enjoy your money.

ronnie3108

gotthem wrote: »

Hi there, can anyone help me please.
I applied for my bank charges to be repaid by the Halifax and followed Martins template to the letter.
I filed my claim and gave them the 28 days they are allowed to acknowledge/defend the claim. When they didn't reply I asked for Judgement by default which I was granted on the 1st August. I then wrote to Halifax and told them to pay up and they ignored those letters too. I managed tp get a hold of their legal teams number and called them. They said that even though I had won the case and they haven't contested it I won't get a penny until the Test Case/Whitewash is done. I threatened to get the bailiffs in and the girl laughed at me and said they would apply for a stay against any warrant. The cheeky little so and so laughed again and said you ain't getting nothing and hung up.
Do I have any leg to stand on with regards to having a warrant executed?
As my claim started before the test case was announced but judgement was after the announcement does this mean I am stuffed.
Surely as I have won through the courts and have acted properly throughout I should be entitled to the claim. The Halifax haven't responded to any letter I have sent them for the past 3 months, or even acknowledged the court claim and yet it seems that they are the ones who are going to win.

Please someone help me before I lose my temper and move to Kazahkstan!!

Gotthem, we are in a similar situation. My partner won judgement by default against Lloyds on 30th may 2007. We asked for payment by 14th june. Nothing! We then issued a bailiffs warrant, and told LLoyds that we had done it. Their Solicitors laughed and stated that they were applying to the court to have the judgement by default set aside, and which they did. The hearing for that was 23rd August - which my partner attended but which lloyds didn't. The Judge ruled that judgement by default be upheld in my partners favour - and took a very dim view on Lloyds non attendance at the court hearing which they themselves asked for. Well since my partner getting the judgement by default upheld and our letters to the Solicitors advising that they have lost again and to pay up, we have still not received payment. We advised them that they should not hide behind the FSA ruling because judgement was won prior to that and had since been upheld at a hearing.
The judge advised my partner that he could proceed with a bailiffs warrant and therefore we are going to re-instate the warrant we issued back in June and my partner will call the bailiffs office today for an update as to what they are going to do to recover our money.
In the meantime, my partner has called Lloyds Solicitors to advise them of this and they say that we have to send the judgement upheld letter to them.
Whehter this means that they would then pay up I don't know. We are sick to death of the arrogance of Lloyds & all banks in this situation and it is making a farce of the court process that when people win their case and when the judgement is upheld there is still no payment. That is surely a breach of the court ruling. I for one now would NEVER worry if I received a county court judgement - because it seems to me that you can ignore a request to pay even after you've lost your case. We have tried POLITE with Lloyds to no avail and are hoping that the bailiff action will work.
If i was you I would definitely proceed with the bailiff action - as that is what the judge suggested to us. You won your judgement prior to the FSA ruling so you are entitled to payment. It would be in their best interest for these banks to pay otherwise bailiffs cost & further interest is surely added to the amount. the Judge advised my partner that LLoyds would have to have a very good reason to ask for the judgement at the hearing of 23rd August (which they did not attend) to bd overturned and that it would be HE who would deal with the case again personally.
I'm sick of fighting this with lloyds as we are in severe debt and have had to take out another loan, bills are not being paid, and lloyds are witholding money that we have won and are not responding to any of our letters asking for payment.

daveglasgow

hi this is my first post so sorry in advance if I get this wrong.
I was charged twice for being overdrawn a couple of times last week. I phoned the bank up and managed to get one of the £20 charges dropped. Is it worthwhile trying to get them to drop the other charge as well or am I pushing my luck?
Thanks for any replies given

k1mmie

Wiggynut wrote: »

RBS Credit Card £271.38 including interest & court cost.

In the space of 4 days I have got refunds from RBS, Monument & Simply Be! Yay!! :j

Well done Wiggy! - you really are on a roll:rotfl: .

ronnie3108

daveglasgow wrote: »

hi this is my first post so sorry in advance if I get this wrong.
I was charged twice for being overdrawn a couple of times last week. I phoned the bank up and managed to get one of the £20 charges dropped. Is it worthwhile trying to get them to drop the other charge as well or am I pushing my luck?
Thanks for any replies given

I would go for it. Because whilst the FSA & FOS have advised banks that they do not have to proceed with refunding bank charges because of the test case, how can it be fair for the banks to still levy these charges on us.
The FSA & FOS ruling to put all reclaim cases on hold pending the conclusion of this test case - which could take months/years is WHOLLY biased toward the banks , as they can continue to charge us. We are fighting to say that the charges are unlawful (which will be decided by the stest case) and yet they can still charge us these even though the test case has not yet been decided and we do not yet know whether the charges are lawful. The FSA and FOS are in place to provide fair play & protection for the consumer. how is their decision to allow the banks to keep charging us whilst not repaying us be fair to the consumer. That is what this second phase of consumer revolt is about. So definitely ask for your money back - you've got nothing to lose.

algb

After receiving a good tip from this website I have FINALLY received my bank statements from 1997 until 2001 when I closed the account.

I am a bit confused can I claim back as far as 1997?

Should I be claiming for example:
O/DRAFT INTEREST 0.13P
SERVICE CHARGE ie: 10MAY-09JUN £5.00, INTEREST £15.06

Also is it still worth putting a claim in under the circumstances?

Many thanks

hewplay

HI CAN ANYBODY GIVE ADVICE PLEASE
HSBC had until 1 sept to meet judges requirements, they did not and i went to the court yesterday and got judgement in my favour, i have been toold that i have to wait a week to apply for a warrant of execution, can anybody tell me what happens next?
i am sure DG will just ask for a stay but can i stop this?

agnes_2

nippyone wrote: »

Has anyone out there had probs trying to get copy bank statements from above bank aka Royal Bank of Scotland - I been waiting more than four month - surely this ain't rite??:mad: :mad:

Hi there, Haven't you read Martins main site? You should not have strayed from the exact time structure, follow his points exactly, YOU dictate the pace, if they do not respond take it to the next step straight away, they HAVE to send you the statements.

agnes_2

algb wrote: »

After receiving a good tip from this website I have FINALLY received my bank statements from 1997 until 2001 when I closed the account.

I am a bit confused can I claim back as far as 1997?

Should I be claiming for example:
O/DRAFT INTEREST 0.13P
SERVICE CHARGE ie: 10MAY-09JUN £5.00, INTEREST £15.06

Also is it still worth putting a claim in under the circumstances?

Many thanks

No, It is the Unlawful penalty charges you can reclaim, which are £30 or £35 for going over your arranged overdraft limit etc or penalties for credit card non payments and the interest accumilated on those. look at Martin Lewis main site,

bigmomma64

Is there anyone who can help.. what is a general order or judgement? do I need to get a solicitor. Have to file an application by 14th September at 4pm claim against the Nationwide ongoing since March. Any advice about the above would be appreciated thanks.