Bank Charges Test Case Article discussion

Former_MSE_Wendy

ujb_98 - you're right about the court hearing this week - look out for more info in our News article on Mon and the email on Tues, but here's a summary of what happended:

Latest News
9 October 2008. Result for historic contracts announced

While the judgement has not yet been confirmed in writing, information from the Office of Fair Trading says the judge announced that historic bank charges contracts are subject to unfair contractual terms rules, as well as current ones. In other words, fairness rules count not just for charges now, but going back six years too... great news for reclaimers.

It was also ruled, as expected, that banks historic terms (those from Jul 01 to Nov 07) can not usually be capable of being a penalty.

Mr_Jade

Does the latest court ruling in any way affect unreasonable "administrative charges".
I have used mention of the Unfair Contract Terms Act in challenging adminstrative charges levied on me when asking a company registrar to pay me back dividends on share I have executor responsibilities for. They waived them.
I am now faced with what I feel is an unreasonable administration charge to update information held by the landlord on a long term lease for a flat.
Can I challenge these as unreasonable too?

chris_spackman

So do i assume that if i am with the Abbey i can not claim any charges since my account was opened? It was opened back in 2003 and i have worked out that if i can claim there will be £2000 coming back to me. The charges are spread over 3 years from 2004 on.

I also wish to put in a claim under the hardship rule but do not know if it applies to me as an abbey customer

highwaymana31

My claim was going through the court when the OFT put all cases on hold. Since then, I have incurred further charges, will these be paid back by the bank automatically, or will I have to start a new action against the bank?

koojibear

I wrote to bank on 18.09.08 re reclaiming, sent me list of charges from this date. Over past 2 weeks have charged me over 300 by paying DDs:mad: . Does anyone know if I can change the date of claim to start later and so include these charges? Thanks

samirk

I would like to know HOW to go about claiming if in financial hardship, the waiver says these cases must be considered, and the website says contact the bank and let them know you are in hardship.

Is there a particular way in which to contact them?
And also does this apply to building societies too?

mr.skint_5

after reading this thread ,if i was to write to my bank today asking for a bank charge rebate,what would be my chances of such bank charge rebate?

Apathyawakened

In the light of all the banks going bust or being taken over what will happen to our claims where the bank no longer exists?

Apathyawakened

koojibear wrote: »

I wrote to bank on 18.09.08 re reclaiming, sent me list of charges from this date. Over past 2 weeks have charged me over 300 by paying DDs:mad: . Does anyone know if I can change the date of claim to start later and so include these charges? Thanks

You are still in the early stage of just asking the bank to acknowledge and perhaps take pity on you and refund the charges. Therefore you can go back and ask for the new charges to also be considered. The fix only comes once you have started proceedings for court or the OFT, and then you fix at the closest date to the date of making the claim as a legal application.

simon_jones_3

Hi, I set up a claim against my bank 2 years ago. I followed trhe usual process, wrote to them, set out the sum claimed and awaited their response. Eventually I received a letter re the 'hold' on cases and an expalnation that he outcome of my claim would depend on the OFT case. I requested that my account be suspended as the charges claimed wholly accounted for my overdraft (as I had refiused to pay them). I heard nothing until last week when I recieved a county court claim for the amount contained in my overdraft ie the 'disputed' charges. Surely if the claims against banks are on hold can I not claim the same status to the claim I have received
Simon Jones