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Bank Charges OFT Test Case Discussion

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  • deary65
    deary65 Posts: 818 Forumite
    The banks have made you an offer, it is for you to accept or reject it. Leave the money where it is and write thanking them for their kind offer but given the amount outstanding on your claim you feel you must reject it.If that is what you wish to do.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • Im in the same situation Natwest wrote to me too say they would give me a decision by the 12th of July and i never recieved any thing from them.
    When i rang the bank the man said that he could'nt deal with unlawful bank charges but he could'nt give me a number that could either.
    When the OFT made their anouncement i rang the bank again who were very apologetic and said that there maybe a letter in the post but with the OFT anouncement he did'nt think it was likely. Where do i stand as Natwest had promised me a decision 2 weeks before the test case went to the high courts.
    I would just like too say i recieved an offer letter today from Natwest Bank offering me back my full claim amount of £1709:j . Thank you so much Martin for all your help on your web site. Keep on fighting everyone especially if your claim was before the 27th July.
  • I bank with abbey, in February i requested information re my bank charges for the past six years. They acknowledged my request in March, sent me details of the first three years in April and nothing since. I have wrote dozens of letter, wrote to the Financila Ombudsman who seem too busy to help. I do not know what else to do. If they had delt with my request in the proper time frame my claim would have been settled before the test case. Can i sue them for withholding my information, To make it worse they keep on chargeing me:mad:
  • toniq
    toniq Posts: 29,340 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Martin_p wrote: »
    I bank with abbey, in February i requested information re my bank charges for the past six years. They acknowledged my request in March, sent me details of the first three years in April and nothing since. I have wrote dozens of letter, wrote to the Financila Ombudsman who seem too busy to help. I do not know what else to do. If they had delt with my request in the proper time frame my claim would have been settled before the test case. Can i sue them for withholding my information, To make it worse they keep on chargeing me:mad:

    Hi,

    Can you not open another acct elsewhere? it might stop the charges and help you back on your feet even if its a basic one.
    Try going in your actual branch and asking them, i know a mate who got joy by doing that.

    good luck

    toni
    #JusticeForGrenfell
  • I am claiming a total of around 5k from 3 accounts with Lloyds and Barclays. I am at the latter stages where I have just threatened CC action, however both have now responded that all claims are suspended pending the outcome of a 'test case'
    Do I sit back and wait or do I continue the process of which the next stage is the CC action.
    I understand that if the 'test' case goes against the banks they are probably right up the creek....however is it certainly bad news for us if they can justify the charges?
    Mike
  • I recently (May) claimed my charges back and recieved a payout from my bank (HalifaxBOS), they put the money straight in to my account without any notification, until a week later when I got a letter explaining that my complaint was still not recognised however the payment was a goodwill gesture and if I did not agree I should reply whithin x amound of days and payback the money or they would take my non response as acceptance. I took the money the end.............................................
    Until today, letter recieved saying complaint still not recognised, charges legal, all proceadings stopped, goodwill payment (spent) still stands, you must responed within 2 months by filling out attached form in pre paid envelope, "You should be aware that if you accept this offer, this will be in full & final settlement of complaint, this means it is unlikely you will be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount. This does not preclude you asking for repayment of any future charges if the court finds them unlawfull".
    If you do not accept offer you must return money which we have already paid you.

    Thought I'd won already?
  • can anyone help me.
    i received a letter from the fos on the 25th july saying that lloyds will give me my money back but now i am quite worried that they wont be giving it to me because of what is going on. the letter stated that it would be in my account within 6 weeks and i no the time is not up but will the agreement still stand??? can anyone help
    cheers
  • simmo490
    simmo490 Posts: 27 Forumite
    absolutly gutted that its looking like all judges are now "staying" cases.

    i decided to try and accept my first offer from HSBC a week ago, i dug out the old offer, signed it and sent it back twice, both recorded, if it works it works, if not then hey ho.

    couple of questions if anyone can answer them.

    if the banks lost the test case would i be able to claim interest up untill the test case??

    what would happen to the money i have paid the courts for my case to be hered, i have paid for a service they have not given me??

    cheers

    simmo
  • I've received a letter from the court in the form of General form of Judgement or Order. It states the following:-
    1. The claim form is hereby struck out as it fails to properly particularize the alleged breaches on the part of the Defendant.
    2.Permission to the Claimant to file and serve by 4pm on the 30th August 2007 a claim form which:-
    a. sets out each and every alleged breach on the part of the Defendant.
    b.why such breaches are actionable in law and entitle the Claimant to address.
    c.bears a signed statement of truth.
    3.Permission to the Defendant to file an amended Defence by 4pm on the 20th September 2007.
    :mad: :mad: :mad: :mad:
    Please somebody help me.!!!!! What does this mean and what do I do now.
  • chrispog39
    chrispog39 Posts: 12 Forumite
    Caz82 wrote: »
    I spoke to the court yesterday about the breakdown schedule and they stated that i do still have to carry on as normal and follow the instructions of the court, as my case is already within the court system, however there is a large chance that the bank could ask for a stay until after the test case.
    Apparently i can object this in court stating that i have financial hardship.
    Has anybody ever had to do that?
    Im nervous about going to court, but will be disappointed if i have to wait until after the test case.

    apparently your case must be heard if you can prove to firstly your bank that you qualify as a "hardship case" and if no joy there then you can take it up with the financial ombudsman!! and then if all else fails forward your reasons for being a hardship case to the courts!

    hope this helps!!
    #
    chris
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