Reclaim Unfair Bank Charges article discussion Part II

tezl

good point cyberman could it be used in court?

techspec

thailand06 wrote: »

hi guys,

i recieved my bankn statements from Barclaycard this morning. But they are only dating back to June 2004. They said in the letter any statements prior to this date, are stored on micrfilm, and take time to search, therefore it is likely to take 6 weeks till i recieve the rest!!!

What should i do? Should i write to them or, should i stick to my original timescale and then proceed to the next stage?

You can't proceed to the next stage, you need to know the charges.

nickmack wrote: »

Give them their 40 days and then report them for a breach.

I recieved same letter. On it, it says that they have permission to take an extra 6 weeks from the information commissioner.

If that's the case, who do we complain to.

monkeybadger1

After reading Mr Berwicks case, it seems his case was dismissed as he had no hard evidence supporting the illegality of bank charges (amongts other things). However, my case has just been transferred to my local court after HSBC filed a defence, but I have been told that all future cases will NOT be issued an Allocation Questionaire.

This is worrying for me, as it means the case will not be going to court... so the threat of court action to HSBC is now lame. In addition, all communication of my case and ALL future referrals from MCOL will be dealt with in writing, to relieve pressure from the County Courts with regards to bank charge claims specifically.

This leaves me in the same predicament as Mr Berwick, as it looks likely that my claim could be treated exactly in the same manner as his... unless the OFT rule that the current account bank charges are too high. What I need is hard evidence, or a bullet proof case file. Can anyone provide any reasonable advice? It would be much appreciated.

Kind Regards

carrieok85

We are being transferred to the local court (Scarborough). Just waiting for a court date now, this is really starting to get scary. Will we have to actually go to court at all?

monkeybadger1

From my liason with my local Court and MCOL... it now appears that no-one will be issued an allocation questionaire who is claiming bank charges and thus NO-ONE else will be going to court. It will instead be dealt with in writing between the claimant, defendant and the Judge. I could be wrong, but I doubt the Court is lying to me.

Regards.

Simon7685

Can anyone help?

I received last week a courtesy letter from Abbey saying they were defending my claim and provideing me with a copy of it.
I have heard nothing from the court, I made my claim online using MYCOL, does anyone know how long it takes for them to contact me???

Additionaly I sent nothing with my claim to the court, how or when do I provide the proof of the charges etc.

If anyone can help, please do so.
Thanks

carrieok85

Thanks Monkey badger, Lloyds TSB sent us a cheque for £750 which we do not want to accept so we have sent them a letter telling them so and also a copy to Scarborough court, is this the right thing that we have done?

Edinburghlass_2

techspec wrote: »

You can't proceed to the next stage, you need to know the charges.




I recieved same letter. On it, it says that they have permission to take an extra 6 weeks from the information commissioner.

If that's the case, who do we complain to.

As the ICO is sending out their complaints to the banks in batches on a montly basis personally I would be phoning/visiting daily my local branch, head office or the customer service department.

By all means complain to the ICO but it isn't actually going to get the info much quicker unless you push them for it.

Simon7685

carrieok85 wrote: »

We are being transferred to the local court (Scarborough). Just waiting for a court date now, this is really starting to get scary. Will we have to actually go to court at all?

Hi I am in the same boat, also in Scarborough, maybe we could swap info and ideas, let me know if you are interested.
Simon7685 in not so sunny Scarborough!:j

Edinburghlass_2

monkeybadger1 wrote: »

From my liason with my local Court and MCOL... it now appears that no-one will be issued an allocation questionaire who is claiming bank charges and thus NO-ONE else will be going to court. It will instead be dealt with in writing between the claimant, defendant and the Judge. I could be wrong, but I doubt the Court is lying to me.

Regards.

Different courts are dealing with the cases in different ways so not necessarily across the country. Some courts are still sending out the AQ and some are not.
If you don't get an AQ you will be contacted by the court/bank/solicitor and asked for whatever information they want.