Bank Charges Test Case Article discussion

eddie_hitlers_glasses · 22 August 2007 at 9:15PM

i initiated a claim against my bank with the northern ireland court service online two days before the OFT announcement. I am with Bank of Ireland who, to my knowledge have not signed the waiver, is my claim likely to go ahead? Even if they do sign the waiver does the fact that my claim was initiated before the announcement mean that my claim will proceed at the present time?

thanks

databear · 24 August 2007 at 11:01AM

I'm confused:
1. I took the bank to court.
2. They paid out.
3. I received a letter about my case going to the county court.
4. I wrote and told them not to bother because the bank had paid out.
5. I received a letter about the OFT decision and my case being stayed.

Eh?

Did I miss something? Did I need to formally accept the bank paying out?
Does this mean if the OFT loses the test case, that I'll have to pay the money back?

emmajt81 · 28 August 2007 at 11:19AM

I wrote to and took Halifax to court before July 27th when the test case came about. The courts wrote to me last week saying I would now have to wait til after the test case. Surely this isn't right, if they already had court proceedings started pre July 27th?

Stokey125 · 6 September 2007 at 5:55PM

As the test case is only dealing with the question whether the fairness principle in teh UTCCR applies to bank charges and not to the Questions of whether they or any particular charge is actually unfair of whether even if the UTCCR does not apply the charges amount to a penalty clause and are unrecoverable is a stay of cases justified as trials will be needed to decide these points.

lindilou39 · 6 September 2007 at 10:37PM

Why is it..we as claimants have to obey by the order of judgement yet the Defendants are allowed to ignore it...I have complied in everyway with the District Judges Order of Judgement.... by setting out a detailed Particulars of Claim and Schedule of Charges by , and I do this by 23rd August 2007,...I did this by return of order posted...3rd aug 07....my case was stayed from 23rd to the 6th sept for both parties to try to reach agreement or settlement..should agreement not be met then defendant has until 20th sept to set out a breakdown of the true cost and to submit any loss to the the defendant as a conduct of the claimant whether the contract was breached or not.
Well..F**k em...they didnt comply with para 5. of the Order....I made an offer, which would have cost them less as I waivered accrued right of Interest.

Mandiemoo · 12 September 2007 at 6:20PM

What about people who have entered a judgement via the on line money claim in early part of July and the bank hasn't replied. Can they take their case forward and issue a warrant to the bailiff?

I am in this position. I sent the template letters to Halifax during July. I heard nothing not even your standard no letter. On 14th July I started the ball rolling with the claim on line service. The claim form was issed on 16th July 2007. Halifax never defending the claim in during the time slot. I then filed for a request for judgment on 7th August 2007 for immediate payment. I heard nothing so, on 29th August I filed for a warrant and that has been issued to Halifax last week.

I have today received my first letter from Halifax stating that they will apply to the Court for an order to set aside the judgment in default and for an order to stay my action until resolution of the bank's proceedings with the OFT?

Have I got a chance of getting my money back via the Bailiff. I had rang MCOL and they had advised me as Halifax hadn't responded to carry on with the case. Have I done the right thing???

grb55 · 12 September 2007 at 6:45PM

MSE_Martin wrote: »

can you please tell me more about this , two men in inverness took two banks to court over bank charges, the court in inverness said the law is different in scotland, and have told the two men they can take the banks to court, as oft only works under english law.

fatbelly · 12 September 2007 at 11:12PM

Claims under the Social Security Act are not covered by the test case. Where can I get a standard letter starting a claim on these grounds?

AnnaL_2 · 16 September 2007 at 12:07PM

I want to close my account with the bank as it's costing me money to run it, can I still claim for charges if the account is closed?

paulthepilot1 · 17 September 2007 at 8:16PM

This is the only way to post this "Barclays Bank sent me a letter previous to a court date stating that the OFT/FSA had halted all court cases in the light of the court hearings.This implied there was no need to go to court, I attended the c/c hearing to be told that barristers were representing the bank and were at court. Please be aware that you should attend any court date and if not your case may well be thrown out. Hope this makes sense.