Bank Charges OFT Test Case Discussion

ruthieo

Our deadline for the bank to put in defence for our court case was the 25th July ie. 2 days before the announcement, and they didn't - Therefore we've already won by default, but will the court still rule in our favour? I think they should but am now worried that they may not- also because the stupid bank moved address and sent our initial serve back via the post we have to do the whole thing by post (Be warned and make sure you get the current correct address of your branch if putting claim in!) and as theres a postal strike at the mo all correspondance is much slower. Is anyone in the same boat or have any reassurances please??!!

cat_matt

hi am sorting claim out for my mum, shes a pensioner who has two p/t jobs she recieves no benefits we want to plead the hardship point with the bank does anyone know how to go about this please how to write a letter to the bak after they have written refusing to refund her over 4k

any help wld be great
kind regards
cat

deary65

go_debt_go wrote: »

Just an update really - I was claiming a very modest amount of £150 (£205 including interest) from Barclays.

I have been helping my sister and my colleague reclaim their money from their bank (Lloyds) too - they both got full payouts of over £2000 each about 7 to 10 days ago.

I had a 'Case Management Conference' in place for 30 July (yesterday). I went to the County Court, was shown to a room with 2 other claimants and we sat before the judge. A bank rep/lawyer? was also present.

The judge advised us of the test case, said the bank had applied for a 'stay' until the decision was known and that he agreed. Thank you and goodnight.

What a complete waste of everyone's time. I only read Martin's update today about claiming financial hardship, but I couldn't really say that for £150 could I? Would like to have asked if the others could have put this forward though, if claiming larger amounts.

Good luck everyone - keep going!

Firstly, there is no class action law in this country.( therefore a test case cannot speak for all) No one can prevent you from wagering your law that has always been the case even prior to the conquest. Secondly, there is no universal contract, each bank will have it's own particular terms and condition which will be different in some way, so a test case would not necessarily resolve the issue.


I would lodge the claim, and if the judge does agree to stay the proceeding just explain you believe that can only be done once the trail has begone and it is an established principal in English law that justice must be swift.

P.S stay of proceedings is a ruling by the court halting further legal process in a trial.

stacey777

Hi all and anyone who can answer me.

I am from N Ireland i have charges against me from the ulser bank. Does this come under this new ruling?

Also i have been requesting the last 6 years from my bank from Nov, they said they couldnt trace account so meanwhile i went and put in a claim for another account with them and they paid up:j :j


Well i went back after the first account with the most charges and used there ref from my initial SAR and therefore thought i could include the charges 6 years from Nov 06. However i have read on martins blog that you can only put the charges in from 6 years from the date the small claims proceedings was issued. I was going to go ahead and if i receive charges back to nov 1999 on printout then ill just put them in and see how it goes:idea: :hello:
any advice much appreciated.

skeggs885

I have a few days left b4 abbey offer a defense for my case lodged in small claims. In light of oft discussions, should i enter judgement by default still if they dont give a defense?

Doshless

Sorry if this has been dealt with before but I'm not sure what the criteria for hardship is & I'm wondering if I qualify. Basically the bank owes me somewhere in the region of £2,500 & I was almost ready to send my initial letter when I heard about all cases being put on hold so I didn't think there was any point in sending it till the OFT made its decision. Then I read about the hardship scenario - basically I have run up arrears with my council tax & utility bills because the money that should have been spent on them was used to pay the bank charges. I've had letters threatening court action but managed to come to agreement with the various bodies but I need to find over £600 for the gas/electric by the end of the month - no chance as things stand at the moment. Surely my situation counts as hardship? I'm also worried about the bank closing my account/removing my agreed overdraft limit when my wages have been paid into it as I'd then have nothing left for bills/food etc as my wages don't cover the overdraft - the charges if returned would just about wipe out the overdraft. The whole situation is very stressful & as a MS sufferer, it's the last thing I need as I have enough on my plate as it is.
Thanks for any advice anyone can give.

saltpot

been reading the latest information on bank charges- my partner put a claim in through mcol- barclays have issed a defence on 2/8/07- so can'y pursue online now-is this likely to be put on hold?
thanks Julie- I was in a similar position recently and onec defence was put in I received an offer to settle out of court which I accepted

princesskittyk8

Please could you help me?
I sent my final letter to HSBC on the 4th June, which calculated my bank charges and interest. I still haven't heard back, and in the meantime my situation has changed and I have gone on to a Debt management plan.
I could do with the funds and am unsure on how the OFT test case will affect me or what my next plan of action should be.
K8

charlmchaddan

My bank has lied to me saying it sent out an offer letter which I didn't receive and they have blatently not sent out. Now the say they won't deal with my case any further until the results of the OFT test case. Does the fact they lied give me any different legal position? Also I was claiming benefits when I originally applied but am now working, does this mean I'm in the same position legally as someone who is still claiming benefits?

deary65

No one can prevent you from wagering your law, that is an inalienable right, indeed the courts are constituted for this very reason. If this advice had any lawful weight then the banks would have to call a moratorium on charges and I cannot see this happen. Always remember it is the law which makes the decision not the OFT or the banks.

P.S I can see an other court action testing the lawfulness of the OFT decision.