Bank Charges OFT Test Case Discussion

lindilou39

In response to cheshire_scooby I have pm,d him/her and added to contacts to assist.

lindilou39

helsdan69 wrote: »

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?

yes is the answer or you will become statute and barred under the Limitation Act

Lasajoe_2

You don't have to wait as you're entitled to information held on you under the terms of the Data Protection Act. My bank took a while to respond and I wrote them a letter reminding them of my rights and that seemed to do the trick. If they don't respond, which is unlikely, you can report them to the Information Commissioner's Office, www.ico.gov.uk

Stokey125

cheshire_scooby wrote: »

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.e my request for my statements on the 29/Jan/07 so surely that is when the date of my claim is??

The bank's argument is in fact sound in law in as far as the time runs from the date when the charge was levied as this is when the cause of action arose. Therefore you cannot normally claim for any sum earlier than 6 years before the date of your claim form. I am aware that CAG argue that you can claim beyond six years but I am not wholly convinced by there argument but you may wish to check thier forum for the argument.

thumpstar

This is my first posting so hello!!:j
My bank owed me £1037 and offered me £741.60 on 20 June. Feeling confidfent - I wrote back to say I would be pursuing the matter through the courts unless they would revise the settlement figure to £986 (i have reasons for this strange amount!!)... and gave them a couple of weeks to reply. They have not replied and as I am now aware of the changes and how things will be put on hold ... I wish I'd gone for their figure after all.

I have the form they sent me to fill in to say I accept the £741.60, BUT I am a couple of days over the 8 weeks mentioned byu them, also it's Saturday today and I won't be able to get it in the post till Monday.... What do you think?? Is it worht backdating the signature & sending it anyway?? How do I stand legally??

Many thanks,T

sarrk59

my bank is defending my claim for bank charges,what should i do know especially in light of the oft situation.

helsdan69

Quote:
<TABLE cellSpacing=0 cellPadding=4 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">Originally Posted by 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?
</TD></TR></TBODY></TABLE>

lindilou39 wrote: »

yes is the answer or you will become statute and barred under the Limitation Act

Yes to which one please? Wait or continue which court action?

Thanks Lindilou...

gmc1978

can any one help i filed a claim against nationwide which they acknowledged there 28 days is up tomorrow, should i still file judgment and if so what will be the next step? i spoke to there customer center and asked for a full and finel offer for settlement to which they said they are not in a position to offer me.and also they reckon they have not recieved my 2nd letter but i no they have as it was recorded delivery maybe its just another stalling tactic!!!!! also does any one no the answer to this one my claim was acknowledged on the 9th of july so does nationwide still have to deal with the case????
thankyou gmc

mikeboredwithbarclays

I have just received a letter from Bolton County Court giving me a date for my court hearing in October against Barclays.
Has anyone got any experience with the courts system in Bolton Lancs ? (favourable towards the down trodden masses?)

Martin - :money: are you able to advise or even construct a template for a partial acceptance of offers in view of the test case? to help all of us that need something now but need every penny or are too bloody minded to give in completely.

Yours ever hopefull
Mike bored with barclays

PS Thanks for your help so far - i can feel an award coming your way from all the real people in the uk ! Martin Lewis modern day Robin Hood.

charlmchaddan

oldwiring wrote: »

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

The only proof I have is that they said my letter had been sent out (twice), but after the date it was supposedly sent they also sent a letter saying they were unable to process my claim as they hadn't received the itemised list of bank charges they requested. I called into the branch to confirm they had receive dsuch letter!

Thanks for the advice I will write to them. You are right telephone calls are getting me nowhere and email replys are so vague.