Bank Charges Test Case Article discussion

roselea22

I have had a £7000 overdraft from my bank. I have now sold my house and I'm in a position to repay, however if I repay the full amount I will significantly reduce my deposit for a new house!:mad:

I did write to the bank last year requesting a refund but after the test case had started. I have now reduced the amount to £4000 which equates with the amount I calculate I have paid in charges.

I have moved all my credits and debits from this account effectively freezing the account. Q. Can I reasonably request / demand that the bank freeze the account pending the outcome of the test case?:D

Are other people in a similar situation who have considered/tried this approach?

penniless_mum

i put in a claim to my bank in Aug 07. However, my current account had been close due to my overdraft being exceeded & i actually ended up owing £3400 (due to a deceitful partner - my own fault!). This debt has since been through court and I have an arrangement to pay £5pcm as I'm a single parent on a career break. My question is can they snatch back any of this debt from my reclaimed charges (if I ever get them!)?:eek:

diddyprints73

Hi there
Do you or anyone else no if you can claim the remainder of your bank charges if you have all ready had money refunded, as it has been decided that they were charging us unlawfully, should this not mean that they still owe the remainder of our money. some please let me know. Thankyou.

symikins

hi
what do i do about charges of £226 on my a/c with halifax that are now being dealt with by blair oliver scott, their in house debt recovery agency im paying them back using cccs but the charges are more than i owe on the a/c !!!

Chicken_Licken

I submitted a bank charges reclaim in September 2006 which is currently on hold until the test case decision. Sicen Sept 2006 I have accrued a further £300 of bank charges with the same bank. Do I need to submit another separate claim in order to reclaim these charges or will the bank add them to my earlier claim?

Any advice much appreciated.

showergirl

Nathan_Spleen wrote: »

Just to clarify, the statement below suggests the bank's appeal will be heard before the July CMC. This is very unlikely.

Also, 4 banks applied for leave to appeal against the PIL judgment and the judge refused.





STOP PRESS! Thur 22 May 08. Banks to appeal test case decision
After day one of the Case Management hearing in the bank charges test case the situation seems to be as follows (some clarifications are expected on day two).

• The Banks are appealing the ‘fairness rules’ decision. The High Court has agreed to allow the Banks to appeal the decision which said Bank Charges are subject to fairness rules. There aren’t full details, yet it's likely to be a Court of Appeal case and should be heard before July ’08. However, there could be further appeals to the House of Lords after that.
  
  As well as the main fairness ruling against the banks, the judgement ruled in their favour on two smaller points – that bank charges aren’t penalties, and that most of the terms were clear. The OFT has decided not to appeal the first, and is considering appealing the second. It does however want to pursue banks historic terms and conditions, to see if any previous terms can be classed as a penalty. This will need to be carried out on a per bank basis, except for possibly Nationwide which is being assessed separately.
• The OFT will continue to look at whether charges are fair. As the court ruling said bank charges are subject to fairness rules, the next stage of the test case will be for the OFT to decide if charges are unfair, and it'll carry on doing this regardless of the appeal. It has stated it is not yet ready to make a decision on this due to the scale of the task involved, yet the judge asked for further clarification in July.
• Next key date 7 July 08. The case management process will continue in July to consider whether previous contracts can be classed as penalties and how the OFT intends to progress if the original judgement, that terms can be considered as unfair, continues to stand.

who were the four banks. And what does this mean

Bellerophon_2

Now the test case has been won, and it does state this in main area of the website, the template letters should be updated. The one on the site have not been updated yet or at least are not updated in the links that I have used. The case was over a month ago now can you please update the templates so that people have up to date letters to send of to the bank.

I am specifically referring to the interest and non-interest letters to actually claim the charges back.

Many Thanks

Orford

Now the test case has been won,

Far from it, the case is still on-going. see here:
http://www.moneysavingexpert.com/reclaim/oft-bank-charges

HELP101_3

Hi just asking if some one can tell me how to work out the Interest owed rate to put down on the letter to the bank to reclaim charges thank you

wackyjacky1

Hi, this is my first post. I have tried before to reclaim charges with Lloyds- about a year ago and was told that all charges were relevant. I did not get as far as threatening court action as I was ill at the time. Should I start again with the first letter?