Bank Charges OFT Test Case Discussion

Pazza72

gillyj wrote: »

If you get to the court stage make sure you have prepared your case thoroughly if you are representing yourself as I did.

Great post, gillyg - please tell me, what exactly did you do to prepare? I am in court on Aug 31st and am also representing myself.

Many thanks,

Pazza72

Pazza72

I am due in court on Aug 31st. Will it go ahead and do I still have a chance of getting my money back? (HSBC, two accounts, approx. £1k)

Thanks,

Pazza72

charmaine25

I won by default in June but heard nothing from the bank so after 3 weeks I instructed the baliffs. Well before the 27th July.
I am still waiting for that to happen as for some reason the courts sent the paperwork to the wrong baliffs. They advised me that it has now been sent to the correct people.
Will my claim be disallowed too due to this test case even though I won by default on 14th June?

19doyler48

My bank has paid out my claim for 6 yrs ( business account ) full amount less interest with no court action on the 3/08/2007. I have a further 3 years going back to 1998 to claim amounting to 1500.00 before interest. Have all statements would you advise claiming? The 1st claim I did refuse to sign the right to have any further claims against the bank in writing.

Stokey125

charmaine25 wrote: »

I won by default in June but heard nothing from the bank so after 3 weeks I instructed the baliffs. Well before the 27th July.
I am still waiting for that to happen as for some reason the courts sent the paperwork to the wrong baliffs. They advised me that it has now been sent to the correct people.
Will my claim be disallowed too due to this test case even though I won by default on 14th June?

You are safe unless the bank make a late application to have the judgment set aside but they would need to prove they have a defence and explain why they are only now making the application

Stokey125

19doyler48 wrote: »

My bank has paid out my claim for 6 yrs ( business account ) full amount less interest with no court action on the 3/08/2007. I have a further 3 years going back to 1998 to claim amounting to 1500.00 before interest. Have all statements would you advise claiming? The 1st claim I did refuse to sign the right to have any further claims against the bank in writing.

There are two schools of thought on this. One says that you cannot claim beyond the standard 6 year limitation period in the Limitation Act. That is I believe Martin's position and the one I support. The other supported by CAG is that you can go beyond 6 years relying on one of teh exceptions in the Limitation Act. In your case the difficulty you have is that you will have difficulty in relying on that exception becuase you were aware of the position at sometime prior to when you issued your claim.


I hope this assists

Sweety83

Hi I am claiming my bank charges back from Alliance and Leicester. I went to court for a preliminary hearing 2 weeks ago. Just before I was due to go in, a man from Wragge representing A&L arrived and offered me £993.50. This was about £28 short of what I was claiming so I accepted. I asked for paperwork and he said he was instructed not to give me any. When I asked how I would know that they wouldn't go back on the offer he said that I had to go into see the judge and he would produce an order.

I did that and the judge has ordered that the defendant did not turn up and I have eight weeks to restore the case (there was no mention of the offer). I contacted Wragge yesterday to chase my refund and they said that they had nothing on the system about this offer and it could be that the representative had not yet reported back. But it has been 2 weeks and that seems a little long to just call and say yes she accepted. I am worried that they are going to try and deny all knowledge of the offer or try and string it out even longer, maybe until the case has been settled in court.

Any suggestions on what I can do as I don't have anything in writing?

(Sorry for the long post)

Caz82_2

Im due to provide a breakdown schedule of sums claimed to the court on 21st and 29th August for 2 seperate claims, but im unsure whether it will still go to court after the announcement on the 27th July.
Do i still take the breakdowns to court or do i wait to hear from the court?
Any feed back will be greatly appreciated.

Stokey125

Sweety83 wrote: »

Hi I am claiming my bank charges back from Alliance and Leicester. I went to court for a preliminary hearing 2 weeks ago. Just before I was due to go in, a man from Wragge representing A&L arrived and offered me £993.50. This was about £28 short of what I was claiming so I accepted. I asked for paperwork and he said he was instructed not to give me any. When I asked how I would know that they wouldn't go back on the offer he said that I had to go into see the judge and he would produce an order.

I did that and the judge has ordered that the defendant did not turn up and I have eight weeks to restore the case (there was no mention of the offer). I contacted Wragge yesterday to chase my refund and they said that they had nothing on the system about this offer and it could be that the representative had not yet reported back. But it has been 2 weeks and that seems a little long to just call and say yes she accepted. I am worried that they are going to try and deny all knowledge of the offer or try and string it out even longer, maybe until the case has been settled in court.

Any suggestions on what I can do as I don't have anything in writing?

(Sorry for the long post)

Can you please type in the exact wording of the order from the judge as I think you may have misunderstood the order as you are the claimant the defendant not turning up would be in your favour.

Stokey125

Caz82 wrote: »

Im due to provide a breakdown schedule of sums claimed to the court on 21st and 29th August for 2 seperate claims against Abbey, but im unsure whether it will still go to court after the announcement on the 27th July.
Do i still take the breakdowns to court or do i wait to hear from the courts or Abbey?
Any feed back will be greatly appreciated.

You comply with the order and file the schedules. The court will have to order a stay if they feel so inclined and until and unless they do the claim is still going on.