Bank Charges Test Case Article discussion

aymank

will be able to claim more interest while the test case is going through??

Stokey125

eddie_hitlers_glasses wrote: »

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

I think you will find you are in the same position as scottish claimantsthe decision is not binding on the Northern Irish courts so cannot form the basis for a stay unless they issue similar proceedings in Northern Ireland which they may not have the power to.

Stokey125

grb55 wrote: »

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.

Under the Act of Union with Scotland Scotland preserved its own legal system and courts. For this reason the High Court's full name is the High Court of England and Wales it has no jurisdiction in Scotland. Also an Act of Parliament only extends to Scotland if it specifically states. It wouodseem that the legislation which set up the OFT does not extend to Scotland a point which teh banks did not notice.

bobbybaby

If a bank sends a letter telling me that I will receive only part of my claim as settlement in my account within 10 working day's. Can I still claim for the remainder even with the test case ongoing???

bekster

Hi, I would like to know how you stand if you think the bank has dragged its feet in getting statements to you, so you could have put in a claim (& possibly received your charges back) way before this 'stay' took effect.

FOR EXAMPLE- You write to the bank asking for copies of your statements/default charges on 10th May 2007(clearing stating that this must be received within 40days), you receive nothing, you make 2 phonecalls one on 2nd July & a further one on 3rd August requesting the information. Finally statements appear, you put in your claim only to be told that they aren't going to deal with it because of their legal proceedings! :mad: :mad: :mad:

Surely this isn't acceptable & i do believe that they have purposely dragged their feet in sending out the information because of the impending legal proceedings.

How would this fair in court?

emmajt81

AnnaL wrote: »

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?

Yes you can. I claimed against Lloyds bank after I had closed the account and they paid out.

sickovchargessteph

What process do i follow to claim hardship in order for my case to be heard and do you have any template letters to do this?

sickovchargessteph

your probably doing it the best way emma because as soon as i claimed my charges back from halifax the asked me ever so politly to leave the bank so its better to leave and get a new account with another bank up and running first

thisisrick

I wonder can anyone tell me if the same rules apply to small businesses as individuals as my bank (Barclays) are stinging me.

Thanks

borgbaiter

thisisrick wrote: »

I wonder can anyone tell me if the same rules apply to small businesses as individuals as my bank (Barclays) are stinging me.

Thanks

hi

common law of contracts will cover you but im not sure if the unfair contract terms in consumer contracts does.

i belive we cite both in the standard letters but hopefully relying on just common law would be enough

good luck

Borgbaiter