Bank Charges OFT Test Case Discussion

oldwiring

charlmchaddan wrote: »

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?

Can you prove they lied to you? Letters do get lost in the post.

HUDDY6

MSE_Wendy wrote: »

This thread is to discuss the

Bank Charges OFT Test Case article

To take part, click reply.

i put in a claim last november for my bank charges i heard this year in feb for a settlement i have solicitors acting on my case but they said they have sent them court papers only just and that the bank will not proceed to court they will pay out within six weeks will that still be the case or will they stop that now, and why has it taken 9 months just to send them court papers are my solicitors doing their jobthanks :mad:

Edinburghlass_2

Are these actual solicitors or is this a "no win, no fee" company?

dmcguire275

we have been trying to reclaim bank charges from Abbey since September. it went to court in march for which we paid £80, the judge struck it off but we cant find out why. what can we do now this is soooooo unfair. it is about £1000 we are trying to get back and as a mother of 4 i could really use that money. please help.

Scattercash

I am a bit confused as I have now received a letter from the court asking for further details of my claim to be submitted by 16th August.

I assumed that my case would be put on hold pending the decision made in July.

Can you help as I have never received an allocation questionnaire. Do I just submit the court bundle as shown on the CAG website?

Any help would be appreciated.

Edinburghlass_2

What further details, please post up exactly what the letter said.

Edinburghlass_2

dmcguire275 wrote: »

we have been trying to reclaim bank charges from Abbey since September. it went to court in march for which we paid £80, the judge struck it off but we cant find out why. what can we do now this is soooooo unfair. it is about £1000 we are trying to get back and as a mother of 4 i could really use that money. please help.

According to your previous posts it was because the judge asked for a more detailed Particulars of Claim, did you send that in?

haughy1

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helsdan69

I received a letter from LLoydsTSB last week explaining the situation with the Court case between the baks and the OFT, and telling me about the suspension terms agreed by the FSA.

They also say that my claim is still registered and that my complaint will be dealt with according to the outcome of the test case.

Should i wait until this test case is concluded, or should i take my claim to the court in the meantime?

cheshire_scooby

how confusing this is all becoming
letter dated the 16/7/07 (which i only recieved on the 29/7/07) offering me a full and final settlement of £750 this was promptly deposited into my account (my claim was for approx £1200 + int £1800 ish)
i dont not want to accept this offer as a full and final settlement and would like to know if i can accept this as a part payment until the test case has been heard, i have followed the new link but it doesnt seem to give a definative answer to this question.
If i can accept this as a part payment how should i word the letter (is there a template avail?)
STOP PRESS!!!!!
As i was writing the above my post came, and in it was a letter from the court stating the Defence of Lloyds tsb,
they are claiming that the charges are for Banking services ie: " the charges are terms which relate to the price payable by the customer for a service provided by the bank, and not pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness.

in the premises:

the charges are for banking services and are not damages nor a penalty;
the bank is entitled by contract to impose the charges which are fair and reasonable;

further, inso far as part of the claimants claim is based on charges levied on their account prior to 6yrs from the date of issue of their claim that is the 16/7/2001 this part of the claim is statute barred by section5 of the limitation act 1980.
The defendant is unable to verify the amount prior to the 16/07/2001 as the particulars of claim does not show how the amount claimed is arrived at.

The claimant's claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.
PLEASE HEEEELPPP
i made my request for my statements on the 29/Jan/07 so surely that is when the date of my claim is??
not July when the court issued my claim for court hearing????????
how am i supposed to pre-empt the outcome of my initial request, if the bank had of agread with my claim from the offset then it would have paid me out around Jan when i sent the 1st letter

Now; if the bank claims i am not entitled to any money from them WHY OH WHY HAVE THEY DEPOSITED £750 INTO MY ACCOUNT????
someone please help me as this is all confusing
also is there a telephone helpline for us to be able to get help on preparing our cases if they go to court i really do not want to go all the way and fall flat on my face because i dont understand all the legalities of this claim??
Mark