Bank Charges OFT Test Case Discussion

Stokey125

Scotties_Mum wrote: »

Help please!!!

I have a claim with Lloyds which had court date of 12/9 with Southend court. Rang them today and have been told that judge has decided to stay the claim until after the test case. (Even though SC&M had advised me last week that claim would be continued due to me having a court date).

Karen

The position in Southend is unusual it would appear from previous post that the District Judge at Southend is having a mass hearing on 4 December 2007 to dcide this matter as he is tired of all these claims. It is until that hearing that all other claims are being stayed till I believe. I suspect that if the Circuit judge who will be hearing the matter in December finds against the banks then all the defences in outstanding cses at Southend will be struck out. The reverse will also probably be true if the Judge finds for the bank your claim will be struck out as not disclosing a case.

MRS_C_6

Hi could somebody help me with this? My bank has just sent me a letter stating that I owe them 107 pounds as my account has been overdrawn. They have also closed my account due to non payment of the overdrawn amount. This amount comprises of bank charges which I refuse to pay as they are ridiculously excessive. They have now sent me a letter to say that unless the amount is paid in full, they will commence legal action and this will affect my credit history. Should I pay these charges now? Pleasehelp!!

Jantar

SarahR wrote: »

My bank made me an offer which I do not want to accept but has already credited my account. I have not yet accepted or declined. What is my next step?

My situation is the same SarahR. I have elected to retain what they have credited to my account without my agreement or consent but have written to them stating that should the test case go against them I shall continue my claim and add the extra interest. If it goes against me then as I did not agree to the transfer of the funds into my account I believe that it will be classed as a goodwill payment by them and will not be repayable. God knows if there is a real answer to this one!
Jantar

julie_walton

I have hed the same reply from the co op bank 3 times, each time asking for more time. I believe they were just dragging it out because they knew it was going to be put on hold.

Stokey125

MRS_C wrote: »

Hi could somebody help me with this? My bank has just sent me a letter stating that I owe them 107 pounds as my account has been overdrawn. They have also closed my account due to non payment of the overdrawn amount. This amount comprises of bank charges which I refuse to pay as they are ridiculously excessive. They have now sent me a letter to say that unless the amount is paid in full, they will commence legal action and this will affect my credit history. Should I pay these charges now? Pleasehelp!!

I would advise let them sue you then counterclaim for a declaration that the charges are not recoverable as they amount to a penalty charge. The question is whether to add a claim for the return of all previously paid bank charges. The problem is that you will have to pay two sets of court fees one for the declaration and one for charges refund. I would opt for the declaration and charges if you can afford both sets of issue fees. Court fees after issuing are the same as if you were only askling for one.

mich_t

skyliner wrote: »

Continue with your claim and then after 14 days after your LBA, issue a county court summons. No doubt the bank will apply for a stay on the case until the result of the test case, but at least you will have secured your 6 yrs
You will also get 8% interest on your money whilst the test case is ongoing, something that no bank account can give you !

I got as far as sending my claim to the FOS before the test case announcement, does the above mean i should go ahead and file a court case to make sure i get my 6 years worth of charges should the test case go in our favour?

dozdorricott

Can anyone advise me on the following?

My bank made me an offer which I declined by letter (recieved by them on 11/07/07) in which I stated they had 14 days to reply before I started court proceedings.
This would give my bank up to the 25/07/07 to respond which they didn't and still haven't. As this date falls before the test case date of 27/07/07 is there anything I can do to still recieve the full amount without waiting for the test case to be resolved.

Ian

Lusca

Hi,

Is there anybody out there that has gone to there bank with a hardship case? If so how did you go about this and how are you getting on?

Stokey125

dozdorricott wrote: »

Can anyone advise me on the following?

My bank made me an offer which I declined by letter (recieved by them on 11/07/07) in which I stated they had 14 days to reply before I started court proceedings.
This would give my bank up to the 25/07/07 to respond which they didn't and still haven't. As this date falls before the test case date of 27/07/07 is there anything I can do to still recieve the full amount without waiting for the test case to be resolved.

Ian

It is open to you to commence court proceedings and see if the court stays the matter. If they do you will have the right to apply to have the stay set aside.

scotterillo

Hey. i recieved an email today telling me you replied to a question in this forum and i cannot find where you replied. any ideas?