Bank Charges Test Case Article discussion

techspec

troupy wrote: »

On the 18th July 2007 I recieved a `General form of judgment or Order` letter in my favour of a claim of bank charges and then recieved a letter regarding the test case and the stay on the 14th august 2007 but now the test case is over do I write to the bank to re-itterate my claim,send the bailliff`s in or do i have to wait for more legal stuff, it`s yorkshire bank by the way
Cheers troupy

The case is not over. The banks now have the option to appeal, as does the OFT as 2 rulings went against it (regarding common law, and whether the terms were in plain Englsh. The judge said they were in plain English, and not subject to common law).

If they appeal, then the waiver may remain and courts may still refuse to process claims.

They have to appeal by 22nd May.

bargaindoctor

Wow this is great news as far as I can tell. And timing wise, it actually seems to be something in my favour.

Just last Friday I was contacted by RBS (Royal Bank of Scotland) - and it was their scary debt collection department.

I was shocked as I haven't used that bank account in over 3 years! I normally bank with Halifax, as I just didn't like RBOS.. boy was I right. basically they cancelled my overdraft, but because I was a fool and forgot all about the bank, and never changed my add, my carelessness resulted in ending up with a neg balance of around £35.

This apparently happened 2 months ago, and charges by the bank have accumulated to over £300 now. Same old story. However they only called me last Friday, and I told them that I won't pay this as it's unlawful. They said it wasn't, but I said I'd wait until the verdict of the case comes out. The woman on the phone got very rude Insisted that she will MAX my credit rating and make it super hard for me to borrow money.

Thankfully I am not in any debt and for now don't need to borrow, but I wanted to wait until the verdict today so that I can plan the best way forward.

Basically, should I just pay off this money, and then put in claims, or just ignore it? Is there any harm in this? Would this mean my credit score would be penalised for life? Would there be ways to reverse my credit rating? If the verdict today however means I'm likely to be able to reclaim these charges, then I might as well pay it off. But would this fix my credit rating if they already messed with it?

Any advice would be appreciated on this... and congrats to all of us in the UK for a joyous day.

PhiltheBear

bargaindoctor wrote: »

Basically, should I just pay off this money, and then put in claims, or just ignore it? Is there any harm in this? Would this mean my credit score would be penalised for life? Would there be ways to reverse my credit rating? If the verdict today however means I'm likely to be able to reclaim these charges, then I might as well pay it off. But would this fix my credit rating if they already messed with it?

Any advice would be appreciated on this... and congrats to all of us in the UK for a joyous day.

Don't pay it. Write to them immediately, recorded delivery and say you dispute the charges. Remind them that where a debt is in dispute it is illegal to register a default or to charge interest. But do it NOW.

bargaindoctor

PhiltheBear wrote: »

Don't pay it. Write to them immediately, recorded delivery and say you dispute the charges. Remind them that where a debt is in dispute it is illegal to register a default or to charge interest. But do it NOW.

Thank you Phil! That actually sounds good.

I just called them but they wouldn't give me an address to send to. Said it's up to them what they want to do... I couldn't believe how an*l they are being about this!

I found a couple of addresses for Royal Bank in Edinburgh, so maybe I should just write there by default?

But in view of what happened today, would this still be the best course forwards? I assume this just stops any further charges being added onto the account? Is there a template somewhere for this letter I can use?

Sorry for all the questions but this board is so helpful and I really appreciate all the help with this. I hope we all get justice and get all our money back

borgbaiter

bargaindoctor wrote: »

Thank you Phil! That actually sounds good.

I just called them but they wouldn't give me an address to send to. Said it's up to them what they want to do... I couldn't believe how an*l they are being about this!

I found a couple of addresses for Royal Bank in Edinburgh, so maybe I should just write there by default?

But in view of what happened today, would this still be the best course forwards? I assume this just stops any further charges being added onto the account? Is there a template somewhere for this letter I can use?

Sorry for all the questions but this board is so helpful and I really appreciate all the help with this. I hope we all get justice and get all our money back

hi

today changed nothing unfortunately

carry on as if nothing happened


borgbaiter

PhiltheBear

bargaindoctor wrote: »

Thank you Phil! That actually sounds good.

I just called them but they wouldn't give me an address to send to. Said it's up to them what they want to do... I couldn't believe how an*l they are being about this!

I found a couple of addresses for Royal Bank in Edinburgh, so maybe I should just write there by default?

But in view of what happened today, would this still be the best course forwards? I assume this just stops any further charges being added onto the account? Is there a template somewhere for this letter I can use?

Sorry for all the questions but this board is so helpful and I really appreciate all the help with this. I hope we all get justice and get all our money back

Have a look here: http://www.penaltychargesforum.co.uk

They have a section on debt collection and several template letters.

But borgbaiter is right - today's ruling doesn't affect anything yet.

gaganxs

I have sent a letter to reclaim my charges to my bank HSBC last year in July. and they replied me that they have gone to countr and i will have to wait for the court judgement. Now with this fresh news of reclaiming and bank losing judgement in thier favour. Can i apply for another reclaim which is from last year July upto now.

I have already appalied one which was from couple of years before upto last year July. Can i apply for another now which would be from July upto now Or should i wait for the first reclaim and then apply second?

Any help would be much appreciated!!

Mrs_Slimebutton

Excellent news today! However, please can you advise me further. I started a claim through the Courts..surprise, surprise it had a stay put on it. The claim was for 6 years up to and including December 2007. Obviously it is now April 2008 and my bank have given me further charges. Can I start a separate claim for the charges since December?

Mrs_Slimebutton

I have a case which is stayed in court for 6 years ending December 2007. Since then I have been "blessed" with further charges. Can anyone tell me if I can reclaim these as a separate claim?

HennyPenny

Mrs Slimebutton, yes, yes, yes