Bank Charges OFT Test Case Discussion

System

slm14767 wrote: »

What happens in situations like mine, the Halifax were due to send me an offer by July 25th, I rang on 26th saying I hadn't received it, they were apologetic and said I would receive in next few days. Now I have been told all cases suspended until court decision. The Halifax agree that they promised me my offer by July 25th, but despite me arguing my case, they say there is nothing they can do. Is this the case?

As in the case above, I was awaiting a responsewithin 14 days from HSBC but they did not reply with an offer. As in the above case, I also called them up and they gave me the same kind of response, (i.e. due to the new ruling all cases are now on hold). They are in the wrong here are they were due to reply to me before the ruling had been announced so I now don't know whether to just send the next stage letter which asks for my charges back plus interest in light of the bank not replying to me, (I had previously just requested my money with no interest). Is anyone in the same position?

grayclose31

After going through MCOL my case's have been transfered to my local CC.

I have spoken to them this morning and the claims have been sent up to the distric judge for direction.

The court clerk advised me that no official direction had been received at the court after last weeks anouncment by the OFT.

Does this mean that i should receive a court date or can the claims still be held?

I did write to the district Judge when the claims where transfered stateing the following :-

Further to a telephone conversation with Wigan County Court today I am writing to advise the Judge and Court Diary Clerk of some information that is relevant to the court cases

I have spoken to the defendant of these claims (Barclays Bank) and been advised that the defendant is happy to settle these claims in full before appearing in court.

<O:pAfter having telephone conversations with Robert Saunders and Paul Quinn in the defendants litigation department, I was advised that our claims would be settled out of court, but a court time and date is required by them to prioritize the order in which they are settling claims.

Could we please request that an appearance time of 5 minuets be allocated against all three claims combined as soon as the court could possibly allow.

<O:pThis will ensure that the claims will be settled and the cases dropped due to settlement without wasting anymore of the courts valuable time.

<O:pI think that the Banks have total disrespect for the court system and are using the court’s time as a delaying factor.

<O:pWe look forward to your response.

<O:pI have been advised this morning that this note is attached to the file for the judge to read.

If anyone can offer me any advice or guidance i would be trully gratefull.

Thanks

Chris.

Stokey125

grayclose31 wrote: »

After going through MCOL my case's have been transfered to my local CC.

I have spoken to them this morning and the claims have been sent up to the distric judge for direction.

The court clerk advised me that no official direction had been received at the court after last weeks anouncment by the OFT.

Does this mean that i should receive a court date or can the claims still be held?

I did write to the district Judge when the claims where transfered stateing the following :-

Further to a telephone conversation with Wigan County Court today I am writing to advise the Judge and Court Diary Clerk of some information that is relevant to the court cases

I have spoken to the defendant of these claims (Barclays Bank) and been advised that the defendant is happy to settle these claims in full before appearing in court.

<o>:p</o>After having telephone conversations with Robert Saunders and Paul Quinn in the defendants litigation department, I was advised that our claims would be settled out of court, but a court time and date is required by them to prioritize the order in which they are settling claims.

Could we please request that an appearance time of 5 minuets be allocated against all three claims combined as soon as the court could possibly allow.

<o>:p</o>This will ensure that the claims will be settled and the cases dropped due to settlement without wasting anymore of the courts valuable time.

<o>:p</o>I think that the Banks have total disrespect for the court system and are using the court’s time as a delaying factor.

<o>:p</o>We look forward to your response.

<o>:pI have been advised this morning that this note is attached to the file for the judge to read.</o>

If anyone can offer me any advice or guidance i would be trully gratefull.

Thanks

Chris.

In a case where the parties might settle the court is more likely to simply Stay the matter for a month to allow an attempt to settle matters. They are highly unlikely to list a matter if it is unlikely to go ahead they have better things to do with there time. The court might also although it is unlikely enter judgment as it would seem that it is not going to be defended.

grayclose31

Stokey125 wrote: »

In a case where the parties might settle the court is more likely to simply Stay the matter for a month to allow an attempt to settle matters. They are highly unlikely to list a matter if it is unlikely to go ahead they have better things to do with there time. The court might also although it is unlikely enter judgment as it would seem that it is not going to be defended.

I would have thought that a judgment would have been more likley as this would enforce the bank to settle and free up the courts time. Thanks for your comment though.

Former_MSE_Wendy

Quick note regarding financial hardship. This would most probably include people who are on a Debt Managament Plan and maybe include students with a limited income. If in doubt, contact your bank or the Financial Ombudsman to tell them your circumstances.

MSE Wendy

cathdance

Hi There

Does this apply to credit cards, for example i have a barclay card court date in October?

Thanks Cath

craftcraft9

does anybody know whether being in a trust deed prejedices my right to claim back bank charges

craftcraft9

can you claim back credit card charges for cards that have now lapsed

Stokey125

craftcraft9 wrote: »

does anybody know whether being in a trust deed prejedices my right to claim back bank charges

That is one where perhaps advice from a solicitor may be advisable as Trust law is not simple. But I would have thought it depends on whether you were named as the account holder. If you were the beneficiary of the trust but the account was in the name of the trustees then I would have thought that it was for the trustees to seek to reclaim the bank charges I may very well be wrong.


Michael

grayclose31

MSE_Wendy wrote: »

Quick note regarding financial hardship. This would most probably include people who are on a Debt Managament Plan and maybe include students with a limited income. If in doubt, contact your bank or the Financial Ombudsman to tell them your circumstances.

MSE Wendy

Further to my ealier post we are on a debt managmet scheme with PayPlan.

I will see if there is any further info comes through on my earlier questions whilst i try this route.

Thanks.