Reclaim Unfair Bank Charges article discussion Part II

esmerellda

hmmm could only find sensibly laid out info from Denmark, but applies the same across the EU as far as I am aware

Can I bring a case before the European Court of Justice?


As a citizen of the EU there are two ways you can have a case brought before the Court of Justice or the Court of First Instance.
Preliminary rulings

The first way is indirect and may take place in connection with cases which are heard in national courts.
A national court which is faced with a legal problem which concerns EU rules can refer questions on the interpretation of EU law to the Court of Justice. The Court of Justice then answers the question in the form of a preliminary ruling. In this way it is possible to have your case brought before the Court of Justice through a case which is pending before a national court
Decisions

To a limited extent it is also possible as a citizen to bring a case directly before the Court of First Instance to review a decision made by one of the EU’s institutions.
However, this possibility is not a general right which anyone can freely avail themselves of. In order for a person or an undertaking to be able to appeal against a decision, the decision must be addressed to the person in question or concern the plaintiff directly and individually.
It is not possible for citizens to bring cases against other citizens or companies, undertakings or Member States before the Court of Justice. Such cases must instead be brought before the national courts.
Cases which have been lost in the last instance in the Danish court system cannot be appealed to the European Court of Justice. The European Court of Justice is not a court of appeal for decisions made by the national courts and cannot set aside or modify decisions of the national courts.
If all the national avenues of complaint and appeal have been exhausted, it might be worth considering whether it is possible to bring the case before the European Court of Human Rights in Strasbourg.

Sidst opdateret: 28-03-2007 - REWO

chipbeck

beaujolais-nouveau wrote: »

From personal experience, I can say that Lloyds TSB charge per transaction, even if they refuse several on the same day. They can take out the equivalent of an entire week's wages in charges in one day, if you have that many DD's refused on one day.

My personal experience resulted in nearly a months wages being taken in charges. Didn't let it happen again but I'm still trying to get over it.

Frenchy_no1

Hi, Can anyone help as I am not sure what I can do or whether there are any other avenues to pursue. I put a claim in to Abbey in excess of £3,000 which was initially rejected and then put on hold. The bulk of the charges were applied within two or three month period when I was going through a tough relationship breakdown. To cut long story short the other party directly abused the account. My ex partner of 8 years unemployed for two, hid correspondence from the bank, amongst other actions - some attempted fraud. I was unaware of mounting charges, increasing overdraft and missed mortgage payments, but - by luck more than judgement - managed to intercept proceedings just before the bank were about to take things further. Despite requests Abbey could not cancel repeatedly bouncing cheques that my ex had cashed through various pawn brokers(£100 at a time without my knowledge) so charges continued to mount. Other than that everything was frozen. I transferred all my savings, took on three jobs and I more or less cleared debts on the bank account. I cleared mortgage debts and closed the account. I took a loan, increased the mortgage, buying my ex out and am gradually getting straight. I have two lodgers to get by and manage the interest only mortgage. its tentative but with the lodgers I couldn't. I have checked and I do not qualify for hardship status because I am managing. There is still some debt outstanding and I'm trying to ignore damp etc that desperately needs attention on the house. Is it worth still pursuing Abbey for the refund?

Penalty_charges

Frenchy_no1 wrote: »

Hi, Can anyone help as I am not sure what I can do or whether there are any other avenues to pursue. I put a claim in to Abbey in excess of £3,000 which was initially rejected and then put on hold. The bulk of the charges were applied within two or three month period when I was going through a tough relationship breakdown. To cut long story short the other party directly abused the account. My ex partner of 8 years unemployed for two, hid correspondence from the bank, amongst other actions - some attempted fraud. I was unaware of mounting charges, increasing overdraft and missed mortgage payments, but - by luck more than judgement - managed to intercept proceedings just before the bank were about to take things further. Despite requests Abbey could not cancel repeatedly bouncing cheques that my ex had cashed through various pawn brokers(£100 at a time without my knowledge) so charges continued to mount. Other than that everything was frozen. I transferred all my savings, took on three jobs and I more or less cleared debts on the bank account. I cleared mortgage debts and closed the account. I took a loan, increased the mortgage, buying my ex out and am gradually getting straight. I have two lodgers to get by and manage the interest only mortgage. its tentative but with the lodgers I couldn't. I have checked and I do not qualify for hardship status because I am managing. There is still some debt outstanding and I'm trying to ignore damp etc that desperately needs attention on the house. Is it worth still pursuing Abbey for the refund?

Hi, I would wait for another week I am sure ML will update you soon as we have Ray Cox's feedback.

flugella

OK, Halifax have now suddenly dropped their charges from £35 to £15. Does this mean I can claim back the difference???

esmerellda

flugella wrote: »

OK, Halifax have now suddenly dropped their charges from £35 to £15. Does this mean I can claim back the difference???

Which charge have they dropped ?

Broadstone

mramra wrote: »

That is your right, but don't come moaning on here again when you incur another penalty charge due to your inept management of your personal finances.

mramra,

Forgot to mention that one of the bank's has mistakenly returned a credit card late payment fee to me, which I never paid to them. As a consequence, even if I don't get my banking overdraft fee returned to me, I will still make a comfortable profit. Fingers crossed that common sense prevails so that mine and everyone else's overdraft fee is refunded back.

Broadstone

Hi all,

Just to let you know, John Precott has a petitiion going to stop RBS giving massive bonuses to it's staff.

http://www.ipetitions.com/petition/giveupthebonus/index.html

If you wish to sign up for the petition, please feel free to do so.

Centium5000

Two Jags??

:rotfl:

flugella

esmerellda wrote: »

Which charge have they dropped ?

Unpaid item eg bounced direct debit. Seems a little suss to me!