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Reclaim Unfair Bank Charges article discussion Part II
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Nationwide – judgement on first stage of OFT test caseNationwide and seven banks are engaged in a High Court test case with the Office of Fair Trading (OFT) to decide the legality of unauthorised overdraft charges. The first stage of the test case process was heard by the Court between 16 January and 8 February 2008, and dealt with certain preliminary issues of legal principle.
On Thursday 24 April 2008, the Court issued its judgement on this first stage of the test case process. The judgement is complex and we and the banks are currently considering its implications.
The ruling covered three aspects:- On the issue of whether the charges were penalties, the judge ruled that they were not.
- The judge ruled that Nationwide’s terms and conditions are in plain and intelligible language.
- The judge ruled that charges are subject to the test of fairness under the Unfair Terms in Consumer Contracts Regulations 1999.
As previously agreed with the Financial Ombudsman Service and the FSA, customer complaints relating to unauthorised overdraft charges will currently remain on hold. We and the banks will continue to ask County and Sheriff Courts to keep cases relating to unauthorised overdraft charges on hold until the test case process is concluded.0 -
I have just written to Barclays to request details of bank charges on account that i had with them quite a few years ago. I don't have the account details any more as it has been closed for maybe 3-4 years. I know that in the last 2 years it was open I was charged quite a lot and am looking to reclaim this back.
I can't remember the address I was at when I opened the account but have included in the letter all the addresses since then (I think) and my DOB, as per Martin's advice.
Does anyone have experience with Barclays from a similar position? If so how has it gone? I really hope they can find my details and when this whole thing is sorted through the courts I can get the money back.
I successfully received 100% of my charges back from Halifax before the test case so I'm hoping for more of the same. If only I knew then that I could have requested from a closed account as well as a live one!0 -
Last August I received the total amount of fines/charges for the past 6 years from HSBC. Stupidly I didn't put my claim in sooner, and have only just gotten round to it.
All of my fines/charges have now exceeded the 6 year limit by just under a month. Am i still allowed to claim for these, or have I blown it??0 -
should i claim my northen rock accont??dont drink and drive:beer: :beer:
come on the toon!!0 -
I would certainly put your claim in and see how they reply, its likely they will tell you all claims are on hold anyway but worth the cost of a stamp to see how they reply.0
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Hi
I had an account with A & L last year until they charged me just over £1000 in bank charges in less than 8 weeks (£160.00 in 1 day for 3 direct debits not being paid cos I would have gone overdrawn by £1.02). I have requested these payments back but obviously will get nothing back until everything is sorted. I sent the letters from this site and got a reply back telling me about the test case, but at least i'm in the queue.
They have now sent me a default and i have had to agree monthly payments to clear this amount by standing order.
Could someone let me know if I will get the money i am paying to A & L each month back when this is sorted.
thanks0 -
Hi, I reclaimed bank charges against First Direct last year but have fallen upon bad times and have been charged £700 in the last 6 months, even though I have not been using the account, they appear to charge me £100 on average a month. Can I reclaim against the bank again?0
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bullorrties wrote: »hi all after reading that the big case is over
i find myself confused as to what to do now,
i went throught all the procedures last may with my bank & applyed to take them to court & it was put on stay,
so i ring my bank this morning & they told me their will be other hearings & i have to wait till they get in touch with me which might be a few months ??
so i rung my court & they told me to either wait till my bank contacts me or write a letter to them to lift the stay now & carry on the court case my self, to reclaim,
so what should i be doing
HELP PLEASE
I heard that on the 22 May they banks have to dicide if they are going to appeal or pay up. Should they appeal I think our side will ask for all claims to be taken off hold.
Why should claims be on hold till this is over. They should stop making charges until this is over if thats the case.
Let hope we all get our money back and they release all claims that have already been made.0 -
demadodgydave wrote: »Hi, I reclaimed bank charges against First Direct last year but have fallen upon bad times and have been charged £700 in the last 6 months, even though I have not been using the account, they appear to charge me £100 on average a month. Can I reclaim against the bank again?
I claimed from Natwest last year and got £1900.00 back from them. They have since charged me another £500 plus since then even though I didn't use the account anymore. I sent another letter last year reclaiming this and they sent a usual reply of 'looking into this matter'. Then they signed up for the test case so my request is on hold.
So I would suggest you send in your letter requesting back charges.
Hope this helps.0
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