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Bank Charges Test Case Article discussion
Comments
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Please could you clarify the position on the 6 year time limit for reclaiming bank charges? It was my understanding that due to the statute of limitation you are only able to reclaim the past six years' bank fees. However, someone has recently advised me that this is not applicable to reclaiming bank fees and that you can go back further if you are able to prove that you are owed the money (ie you have details of the charges).
I note that "The FSA has said that on the date it announced the first waiver, 27 July 07, it 'stopped the clock', so the time out issue won't arise, yet it does not have power over the courts, so for safety it's best to assume the clock's still ticking." Please could you clarify what is meant by "stopped the clock". Does this mean that any claims already submitted to the Court will not suffer due to any delay on the part of the court process? Or does it mean that the six year statute of limitation will not apply?
Any help you could provide on this would be greatly appreciated!
Many thanks
Alison0 -
I have received 2 claims on my credit cards but have received 2 letters from bank accounts putting my claim on hold pending the outcome of the ruling. The banks are taking a large risk not paying me as i presume i would be entiltled to claim more lost interest the longer thsi drags on.
Is it a case of waiting for the ruling or is there a way to push the banks?0 -
HI,
Can someone please advise?
i put my claim in with Nationwide and had to raise a claim with the courts. this was all progressing last year but then the judge wrote and said the claim was on hold due to the test case.
I believe I qualify for the hardship as I have recently had an accident and I am in hospital on paid maternity leave of £400 a month, because I am in hospital my partner can not work as he has to look after the children. He is self employed, so with only £400 a month coming in and mortgage of £900 plus childcare and bills, its pretty obvious I can not afford anything.
How do I get my claim restarted if it is with the courts as I would like my court fees refunded too.
Thanks0 -
Also can I claim the interest still on the money they have taken from me?0
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xXPuddlesXx wrote: »HI,
Can someone please advise?
i put my claim in with Nationwide and had to raise a claim with the courts. this was all progressing last year but then the judge wrote and said the claim was on hold due to the test case.
I believe I qualify for the hardship as I have recently had an accident and I am in hospital on paid maternity leave of £400 a month, because I am in hospital my partner can not work as he has to look after the children. He is self employed, so with only £400 a month coming in and mortgage of £900 plus childcare and bills, its pretty obvious I can not afford anything.
How do I get my claim restarted if it is with the courts as I would like my court fees refunded too.
Thanks
~Any one??0 -
I will be retireing at the end of the year, and will be putting into place reclaiming process's for my bank account and credit card. However, I will be settleing a cahoot loan, and I've noticed I was charged a late payment fee of £30.00 when my bank declined to honour a direct debit intruction, and the usual followed, failed d/d fee on my bank account, despite having put funds into my account to cover the direct debit payment, I hadn't done it quick enough. As my account is on-line as is the loan, I contacted cahoot and made a debit payment on the same day of the failed transaction.
Now when I obtain the early settlement figure, would I be correct in deducting £30.00 and putting something like..
Please find enclosed £#,###.## in full and final settlement of account no.
Please note £30.00 has been deducted for an un lawfull bank charge on date due to
: legislation Section Act.0 -
I currently have over £500 of bank charges that have accrued over the last 6 months. I have tried to arrange payment with the bank but they wont accept any less than £100 a month which I cannot afford. I already have a claim in for previous bank charges of around £1,400 on the same account. They are threatening legal action and I dont know what to do exactly, can I refuse to pay on the grounds they are un-lawful and put a claim in or do I have to pay or can I go down the financial hardship route? Please get back to me as soon as possible. Thanks0
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borgbaiter wrote: »hi
The waiver has made some more guidance about hardship. and it seems some people are recieving offers of upto 70% if they are in the new definition of hardship which is wider than before.
Borgbaiter
Spoke to my bank today regarding my bank charges claim which i already have "on hold" and mentioned "financial hardship". I was told there is nothing they can do as it is down to the courts. What now
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madhouse05 wrote: »Spoke to my bank today regarding my bank charges claim which i already have "on hold" and mentioned "financial hardship". I was told there is nothing they can do as it is down to the courts. What now

See here:
Annex 2: http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf0 -
I am trying to reclaim for a 2nd time. I received money back in June 2007 but since then have had over £3000.00more charges on my account. I am in real difficulty. Has anyone tried to reclaim twice?0
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