Bank Charges OFT Test Case Discussion

rotel

:cool: Hi first time doing this,just to say i sent a letter to my bank to reclaim charges a list was included however i recived a letter today to say that they are waiting for the out come of the test case ,and if i want to proceed they will put a stay on the claim,a bit disappointed as the claim is £ 311.00 over 17months,so what is the next step if i go to the small claims i could be charged £100.

trishapete

I went to court on 17 July, 10 days before the banks went to court, and a representative of Barclays arrived to tell me that they had agreed to refund my bank charges in full. I received a General Form of Order from the Court but nothing from Barclays. I left it until 14 working days had passed then tried contacting the bank. After numerous promises that someone would call me and nothing ever happening (and being told that Barclays are not involved any more - its between me and the court now?) I received a letter today saying that they (Barclays) are going to "apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT".

Surely, after agreeing to repay me in the Court, they can't back-track now, can they? Any advice would be greatly appreciated.

hilbilbear

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.

I was in same position as you last week. Went to court last Friday. I was really nervous too but it was okay really. There were about 15 other people waiting all for bank charges cases. It is only a room with desk, judge one side, you and bank legal rep on other. (Took my hubby with me for moral support). Legal rep asked for a stay but I argued that as a presedent had not yet been set and that I started this procedure back in Feb I felt the bank (Lloyds) had deliberately used delaying tactics against me as they knew the OFT case would be coming up. The judge was really quite nice and did not agree to the stay and has given myself and Lloyds four weeks to submit our statements and it will be going ahead in the small claims court. What I didnt realise was that the first court hearing is preliminary only (10 mins) the actual case will take 3 hours! Am now hoping Lloyds will offer settlement before next court hearing! Fingers crossed. Hope this helps a bit.

TEX

I have gone through the process of filing my claim. The bank has offered me a seetlement figure, which I stubbornly refused. I, then, sent them a proposal that I felt confortable with, which they replied that they were instructed to refuse. The bank's refusal came after the date of the waiver. Am I within my rights to change my mind and accept their first settlement offer as opposed to waiting for the outcome of the test case?:beer:

tsotd

scotterillo wrote: »

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?

you get a email just when someone posts in the thread, its not normaly a reply to your post.

kevin_j_2

i requested to the halifax for a copy of all my charges which they sould have done within 40 days.Unfortunatly they took 60 days to reply to my request and this meant that we missed the 27 july 07 date.Is there anything wi can do?

Stokey125

trishapete wrote: »

I went to court on 17 July, 10 days before the banks went to court, and a representative of Barclays arrived to tell me that they had agreed to refund my bank charges in full. I received a General Form of Order from the Court but nothing from Barclays. I left it until 14 working days had passed then tried contacting the bank. After numerous promises that someone would call me and nothing ever happening (and being told that Barclays are not involved any more - its between me and the court now?) I received a letter today saying that they (Barclays) are going to "apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT".

Surely, after agreeing to repay me in the Court, they can't back-track now, can they? Any advice would be greatly appreciated.

In your case they would first have to apply to have the judgemnt set aside. Inthis respect they will be in difficulty as they submitted to the judgment so you are entitled to enforce the judgment uintil it is either set aside or an order is made suspending enforcment of the order. Is the general form of order from the court expressed to be by consent

sharpeye

just to let people know, i put my claim in to the RBS for £2,100, and got an acknowledgment letter dated 26th July 2007 saying they will investigate which will take around 7 weeks.

I decided to call them for an update, listened to the recorded message advising about the test case, and held to speak to someone.

The lady i spoke to said 'oooohh, your lucky, if we'd have received your claim a day later we wouldn't have to deal with it, but as we acknowledged the claim the day before the test case we will come back to you with an offer at the beginning of September.

safe to say im well chuffed - will keep you updated

Squidsgone

Hi,

My claim is against Abbey, but I believe does not fall within 'bank charges', nor 'mortgage exit fee charges' - it is for charges levied when monthly payments were late ... c£35 a go! I have been through the on-line court reclaim service and have ben directed to the small claims court for a hearing next week (Fri 17th August).

I have just received a letter from Abbey stating that they are writing to the court to have the case held pending the outcome of the bank chargestest case. I believe Abbey are treating this as a bank charges claim - I am unsure as to whether they are right to do this nor how to proceed

Advice greatly welcomed!

yubyub31

Hi I am hoping someone might be able to tell me whether or not my bank can get away with making an offer and then telling me I have to sign a new disclaimer to get the money.
To put this in context an offer was made 29th June, however I didn't receive it, on 18th July I received a letter telling me I had to reply, I didn't know what it was about so I rang the number on the letter. This is when I found out an offer had been made. They agreed to resend the letter, which would take 7-10 days.
I received a letter dated 27th July on 31st July, which said I would get my settlement within 14 days of them receiving the signed acceptance. I posted back my acceptance of the offer on 1st August. The bank received that on 3rd August thanks to a postal strike.
On Friday 10th August I phoned my bank to check all was well and was told that they had to send me a new disclaimer, due to the OFT case, which could take another 7-10 days and then I would have to wait 14 days after that. Can they really move the goalposts like that?
Thanks for your help