Bank Charges Test Case Article discussion

tinymcfc

Hi there.

Last novemeber i contacted Abbey National for my statments from six years ago, they said no problem as long as i sent them £10...which i did.
In January i received what is basically a spreadsheet with a load of zero's on it.
I contacted them again and asked for the actual statements (which in the letter i received it said i could change the format and get the staments). the guy i spoke to said he'd send them out within 6 weeks.
Last week i again got sent the spreadsheet. So once again i phoned Abbey but this time was told that Abbey DO NOT send out staements from that long agao. SHe apparently checked with her manager who confirmed this. When i saked to speak to her manager she wouldn't put me through and said the only thing i could do now was to write or phone the complaints department!!!
HELP!!! Is this right? If so what do i do now?
I'm concerned about this as last year they took over £200 out of my account in one day!
Need some advice!

Nathan_Spleen

It is now almost certain that the judge will not hand down his judgment on historical terms & conditions during the hearing scheduled for 7-9 July and will reserve judgment for a later date.


The hearing is to determine whether the UOD terms in the test case banks' basic account and historic personal current account contracts (and certain other non-mainstream current accounts) can also be assessed for fairness under the UTCCRs and whether they are capable of being penalties at common law.

There will be skeleton arguments submitted by the parties in advance which will cover both of these issues.

• On Penalties, there will be submissions with opposing positions between the parties on some terms; and
• On 6(2) exemption, the position is agreed between the parties. There are not likely to be real issues unless the judge raises some.

Justice Smith has made an order giving effect to his 24 April Judgment:
http://www.oft.gov.uk/shared_oft/personal-current-accounts/banks_test_case_-_complete_1.pdf

The OFT have issued a policy statement on the publication of test case documents:
http://www.oft.gov.uk/advice_and_resources/resource_base/market-studies/current/personal/personal-test-case/personal-documents

InhaleMood

Hi all,

I have just read this and am slightly confused.

"The Office of Fair Trading announced it was bringing the case to decide the principles of reclaiming bank charges in the High Court using its special powers to have a case heard on legal principle.
Its aim was to gain clarity on whether bank charges for unauthorised overdrafts (which includes bounced cheques or direct debits) are lawful or not. The banks that are party to the case are: Abbey National plc, Barclays Bank plc, Clydesdale Bank plc, HBOS plc (includes Halifax and Bank of Scotland), HSBC Bank plc, Lloyds TSB Bank plc, Royal Bank of Scotland Group plc (includes Natwest) and Nationwide Building Society."


I am having issues regarding charges on my Alliance and Leicester account. I just wanted to check that all of the Bank Charges information/articles still apply?

I'd really appreciate help with this!!

thewifie

Has anybody else just had a statement which was well in the red, but under dispute, paid off? My account with HBOS started off as a £1,000 over draft which climbed to £1800 when I was seriously unwell and not able to pay it. I was in hospital, and unable to deal with it, and they were not able to deal with my partner. Eventually they agreed I could write and authorise him to deal with it, at which point he made an arrangement to pay it off a bit each month. When the bank charge rebate issue first came up, I asked about a rebate, but was put on hold due to the recent test cases. This morning, over 2 years since the original agreement , I received a statement saying that the account was paid in full. Not by me. By my counting, I have paid back slightly more than the original thousand pounds, but I am more than happy to pay what I owed them, just not the huge charges put on top, so I am delighted. Is this happening across the board?
If so, thank you MSE.

berneslai

tanyasharma wrote: »

I am having issues regarding charges on my Alliance and Leicester account. I just wanted to check that all of the Bank Charges information/articles still apply?

Yes they do.

mdeebee

I can second this. Someone I know is in the thick of this at the moment, and are successfully using the template latters.

berneslai wrote: »

Yes they do.

granby_2

hornsby wrote: »

I have just got my statements going back ten years from barclays and found most of my claims are older than six years so is there any chance whatsoever that I could reclaim these older charges ? thanks

you can ask the bank for the older charges BEFORE you go to court
once you go down the court route you can only claim back up to 6 years
this is because of the 6 years limitations act (law of the land)

blodwyn

Hi There!

I am currently on hold with my Nationwide claim (put on hold in court last year). Like a good Girl Guide I am ensuring that all my paperwork is ship shape ready for if and when I ever get to stand in the court room! (see below for the amount).

It has recently been pointed out to me by my parents that the original account opened with Nationwide was opened by them when I was about 4 (I am now 28). Over the years Nationwide has automatically upgraded my account, eventually to a Flex Account (their current account) when I turned 18. I have never asked for my account to be upgraded, and each time it was, I was never asked to sign any paperwork, so therefore have never signed an agreement agreeing to their terms and conditions (i.e. charges).

I am going to write to them asking for 'copies' (although there are none) of the agreements I signed for the account.

Is there anybody else out there who is in the same situation with Nationwide or any other bank? Any advice on where I could go from here would be greatly received!!

Mattie_2

Last year i went though all the process trying to claim my bank charges from HSBC. i had about £6000 in interest and excess overdraft fee's etc.

It got passed to court and then got thown out as i was told the the banks no longer pay out. Has the law changed and is it worth trying to put the claim in again?

Thanks Mattie

tiggrae

When a reclaim for bank charges has been stayed in the County Court pending the outcome of the High Court Test Case, has anyone put in an application to the County Court for Charges NOT to be imposed on that bank account until the outcome of the Test Case is known.