Bank Charges OFT Test Case Discussion

evansbeverley

I Just tried to claim back bank charges from above bank who as I understand are not covered by the waiver and got the following reply. Any one suggestions on my next step?

Thank you for your e-mail regarding charges on your account.

In conjunction with the Financial Services Authority (FSA) and the Office of Fair Trading (OFT) a number of current account providers have submitted a ‘test’ case, approaching the High Court for a ruling on the complex issue of unauthorised overdraft fees. These fees include paid item, unpaid item and unauthorised overdraft charges.

Following guidance from the Financial Services Authority, Alliance & Leicester along with other banks and building societies are suspending the handling of requests for refunds of charges and complaints until this court case is resolved.

The Financial Services Authority has issued guidelines on how we should manage the ongoing process. In accordance with this, we have forwarded your details to our specialist charging area who will be writing to you with further information on this matter.

I do hope you find the above information useful, however, if you have any further questions or need any more help please visit our ‘Help’ section online or contact us again.

Kind regards

Customer Services
Alliance & Leicester plc

My reply

It is my understanding a waiver has been issued to banks involved in the test case. As I understand Alliance and Leicester is not one of these banks. Therefore this waiver does not extend to your company. It should be noted we are only talking about £50/- in this case<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

RHK_2

Nationwide has applied to have my judgement set aside at my local county court in Harlow (they claim they never received the original documentation from the Moneyclaim website and so they didn't know I was suing them). The case is due to be heard on Monday. As far as I'm aware they have not entered a defence as yet. This means that they are over the original 28 days to issue a defence, can I go to court and argue that this is a delaying tactic?

I wondered if anyone had any thoughts as to what to do if Nationwide do turn up and if they don't turn up?

If they don't turn up I'll argue that given they haven't entered a defence this is just a delaying tactic designed to get my case heard after the OFT case in the High Court depriving me of my money for a further year to 18 months.

If they do turn up I assume they'll enter their defence and I won't really be able to do anything, although I'll still argue that I sent letters telling them legal action was imminent and tried to call them twice during the legal process.

If they do turn up and don't enter a defence I'll ask the court to uphold judgement on the basis that they haven't entered a defence after 28 days of being notified of the court action.

I wonder if anyone else had any other ideas?

Cheers,

RHK

youngone_2

Sorry if this has already ben asked.
Before everything was put on hold Halifax made me an offer, which even though i had not accepted it, they paid into my account.

Yesterday they sent an intimidating letter and form to complete saying as my case was on hold with the ombudsman I now have to either accept their offer or decline it and refund the money they paid into the account.

Do I have to return that money now or can I say I'm keeping it as part settlement until the matter is sorted?

steddy

I have been trying to get back my credit card charges from Royal bank of Scotland for some time now. I did the online money claim and after 28 days tried to win by default. However, this was refused and I was told that RBOS had applied for the case to be put on hold until the test case has been decided, probably next year. I have since had this confirmed by their solicitors who have filed this request with the court.

Can they do this? The correspondence RBOS and the solicitors have sent me all makes reference to bank charges and the decision to look at the test case, but as this is for credit card charges, I was under the impression this was not covered by the test case and I was free to still reclaim my charges.

Does anyone have any news on this?

Thanks

pcm2007

Can someone help me?
HSBC made us an offer around £1300 less than what we were claiming. We declined the offer & asked for it to be revised. Then on the Friday of the same week, all this came to light about the test case... Just because we declined the offer, could we change our minds? I rang HSBC & they said because we had initially declined then we are not able to go back on our decision... Is this right or not, it would still be in the 8 week time period since we were offered a settlement in the first place.

tilly002

hi.. i really dont know what to do. i recieved a letter back from my bank saying about the 27th July thing, but my letter was dated the 26th July,so they had looked at it before the 27th,and replied back to me before that, so what do i do now, has anybody got any advice for me, thanks

Stokey125

RHK wrote: »

Nationwide has applied to have my judgement set aside at my local county court in Harlow (they claim they never received the original documentation from the Moneyclaim website and so they didn't know I was suing them). The case is due to be heard on Monday. As far as I'm aware they have not entered a defence as yet. This means that they are over the original 28 days to issue a defence, can I go to court and argue that this is a delaying tactic?

I wondered if anyone had any thoughts as to what to do if Nationwide do turn up and if they don't turn up?

If they don't turn up I'll argue that given they haven't entered a defence this is just a delaying tactic designed to get my case heard after the OFT case in the High Court depriving me of my money for a further year to 18 months.

If they do turn up I assume they'll enter their defence and I won't really be able to do anything, although I'll still argue that I sent letters telling them legal action was imminent and tried to call them twice during the legal process.

If they do turn up and don't enter a defence I'll ask the court to uphold judgement on the basis that they haven't entered a defence after 28 days of being notified of the court action.

I wonder if anyone else had any other ideas?

Cheers,

RHK

If you used the Nationwide's registered office address when you issued the claim then you should argue that the deemed service rules in CPR Part 6 applies and therefore they are deemed to have been served. If you used any other address then they would probably get it set aside as it was not properly served. They will therefore have to prove they have a defence if you have not already done so get from penaltycharges.co.uk a copy of Terry v LloydsTSB PLC anmd used this case to show why they do not have a defence.

Stokey125

pcm2007 wrote: »

Can someone help me?
HSBC made us an offer around £1300 less than what we were claiming. We declined the offer & asked for it to be revised. Then on the Friday of the same week, all this came to light about the test case... Just because we declined the offer, could we change our minds? I rang HSBC & they said because we had initially declined then we are not able to go back on our decision... Is this right or not, it would still be in the 8 week time period since we were offered a settlement in the first place.

Strictly speaking on the normal rules of contract law they are in fact correct once rejected you cannot normally change your mind and accept an offer

buchananholidays

Hi

I have a court date for the 28th August just over a week away and yesterday I received a court letter telling me is put on hold
can I do anything regarding the short notice

Kind regards
Stuart

Stokey125

youngone wrote: »

Sorry if this has already ben asked.
Before everything was put on hold Halifax made me an offer, which even though i had not accepted it, they paid into my account.

Yesterday they sent an intimidating letter and form to complete saying as my case was on hold with the ombudsman I now have to either accept their offer or decline it and refund the money they paid into the account.

Do I have to return that money now or can I say I'm keeping it as part settlement until the matter is sorted?

Say you are keeping it as part settlement.