Reclaim Unfair Bank Charges article discussion Part II

ronnie3108

Hewplay

To answer your query. My understanding was that as soon as you have won judgement you can give the bank a reasonable amount of time (let's say 1 week) to pay up - and you can do this by politely writing to them and asking for payment referring to the fact that you have won judgement against them. If & When they don't settle then you can issue a bailiffs warrant. We definitely did NOT give Lloyds 28 days. Our original court proceedings were issued on the MCOL site and on entering judgement we asked for immediate payment and wrote to them asking for this. As they did not pay us by the date we requested (which was 1 week) we then issued the warrant via MCOL. If you are using the MCOL site for your proceedings just go ahead and see if it will let you issue the warrant (if you feel that you have given your bank reasonable time to pay).
Once you have issued the warrant it will be sent to the local court serving the bank address that you have stated on the warrant. At that point - forget the courts and start dealing with the bailiffs office directly for updates.
In the post you will receive a copy of the warrant request and the details of the court bailiffs who will be dealing along with their contact details. You can then phone them for timescales & updates as to how they are going to proceed.
In our case we chased our court for the copy of the judgement which struck out Lloyds request to have judgement set aside and have faxed it to LLoyds Solicitors asking that they pay us by tomorrow and reminding them that there is a bialiffs warrant currently in force to recover our money - if they don't play ball.
However, the court are in reality going to send us a form that we apparently need to complete to re-instate the bailiffs warrant that we issued the first time that we won judgement against Lloyds. (In our case Lloyds asked for that judgement to be set aside and a hearing was set for 23/08 - which my partner attended but which LLoyds didn't and so the judge at that hearing struck out Lloyds application and advised that we should proceed with bailiff action if necessary).
Keep me posted and anything else you're unsure about post on here and I'll do my best to answer as we are at the same stage. But to answer your question I think 28 day wait to issue a warrant is unnecessary and we didn't hang about that long. If you do it on the MCOL site the interest will recalculate as you will now be due more.

maxinex

Hi can anyone help

I have court hearing tomorrow for a removal of stay. Can anyone tell me what kind of questions i am likely to be asked and what papers if any do i need to take.

Thanks greatly appreciated.

megscaits

Hi All,

Could someboody please gie me some advice regarding the FSA. My husband has a claim in with LTSB and he has recently been given a court date of 8th November for his case to be heard, when he rang the court to query this he was informed that his claim was definately going ahead on this date. Are they allowed to do this ??

Any help appreciated

lindilou39 wrote: »

could you be more specific...I mean..is who allowed to do what??

Sorry what I meant was can the court go ahead with the hearing event though there is to be a test case

SkintButTrying_2

Hey, my friend believes that this case is going to the big courts now and that all claims are going on hold till the verdict on this case? Is this true? Ive already done mine, but should i tell him to shut up and do it anyway, he's owed 1000's.

wolveslad

DUE IN COURT TOMMORROW PEOPLE. 14/09/07
WISH ME LUCK!!!

Update to follow. :eek:

ronnie3108

megscaits wrote: »

Hi All,

Could someboody please gie me some advice regarding the FSA. My husband has a claim in with LTSB and he has recently been given a court date of 8th November for his case to be heard, when he rang the court to query this he was informed that his claim was definately going ahead on this date. Are they allowed to do this ??

Any help appreciated


Sorry what I meant was can the court go ahead with the hearing event though there is to be a test case

Megscait - if the court say that your case is definitely going ahead, then make sure you attend on 8th November. We got a hearing date against Lloyds and thought it wouldn't be necessary to turn up (assuming that the judge would Stay the case) but my partner called to confirm. the court said - YEs Attend! My partner did, and lloyds didn't and the judge struck out lloyds Case and my partner won his claim. Not all judges are staying cases and i think that the banks are believing that ALL coruts will stay cases and so they don't need to bother turning up and this is being provved wrong. it may depend on what sort of hearing it is that you husband has got. I've read at least a few posts on these boards where the hearing is for the banks to ask for a Stay and the stay hasn't been granted - so make sure you go along, cos if the bank doesn't then you've won anyway, because they haven't appeared to defend their position.

ronnie3108

Update on our case against Lloyds.
Letter received from bailiffs office yesterday confirming that Lloyds have now paid £3413 for our claim (full amount claimed at the time of the bailiffs warrant). The court now hold the money for 14 days before releasing it to us. So our bailiffs action worked, Lloyds application to have the judgement by default set aside had been struck out at a hearing which they didn't bother to attend but which my partner did on 23/08- so Lloyds lost twice in our case (oncve by degault and once at a hearing), and have been forced by the bailiffs to pay us - which they now appear to have done (by paying the bailiffs).
So everyone keep going unless you have any notice from the court that your case is stayed (at which point you can anyway begin the process to have the stay removed). Anyone with court dates - DO attend the hearing cos you'll either win there and then or at least will be advised of a Stay.

farahmanir

i have tried to reclaim money from barclays and halifax. halifax has sent me a list of my charges but like barclays have said they have gone to court so all charges are pending. What should i do??

ronnie3108

Farhamanir

if Barclays have not yet sent you your list of charges then they still need to do so as they can't use the FSA/OFT ruling to not send you details of your charges.
So make sure that you ask for these and get them otherwise they are in breach of the Data Protection Act.
Once you have your list of charges going back 6 years 9use the calculation template on this site to list the charges and work out the interest due since each charge.
Then if you are at the very beginning of this process - you should send your complaint about charges, along with the list to the relevant banks asking for your monmey back (use the template letters on this site).
It is true that you will probably receive a letter back stating that the reclaim of bank charges has been stayed under the OFT & FSA ruling, but at least you will have got your complaint in once the test case goes ahead or is finalised.
If you send the complaint to the Financial ombudsman Service (that is also the response that you will get back from them). However, if you are not happy to wait - you can still issue a court claim using the Moneyclaim Online Website. BUT that will cost you money and I think that the case will also not proceed until after the test case is heard at the end of the year. So best just get your letter of complaint into the banks at the moment and then see what the outcome of the test case is before you take any further action - because if the banks lose the test case they SHOULD hopefully start refunding people automatically or upon a letter of complaint without the need for all the costly court action.

megscaits

ronnie3108 wrote: »

Megscait - if the court say that your case is definitely going ahead, then make sure you attend on 8th November. We got a hearing date against Lloyds and thought it wouldn't be necessary to turn up (assuming that the judge would Stay the case) but my partner called to confirm. the court said - YEs Attend! My partner did, and lloyds didn't and the judge struck out lloyds Case and my partner won his claim. Not all judges are staying cases and i think that the banks are believing that ALL coruts will stay cases and so they don't need to bother turning up and this is being provved wrong. it may depend on what sort of hearing it is that you husband has got. I've read at least a few posts on these boards where the hearing is for the banks to ask for a Stay and the stay hasn't been granted - so make sure you go along, cos if the bank doesn't then you've won anyway, because they haven't appeared to defend their position.

THANK YOU SO MUCH CHEERS:beer: :beer: :j