Bank Charges OFT Test Case Discussion

TANZARELLI

http://news.bbc.co.uk/1/hi/business/6955437.stm

skatehorse

Any advice greatly appreciated!
I have a current claim ref bank charges to Lloyds Bank - claim date 1 May 2007. They have not responded to ANY of my letters - faxes or phone calls, (not able to leave message on Customer Service Centre - Andover answer phone). Now of course everything on hold pending test case.
I have two queries - do I have a case with the FOS for lack of response by LLoyds - if so what can I hope to gain?.
and secondly; if lloyds have not responded to my claim - should i just sit and wait till test case over - possibly for lloyds to say they don't have a note of it. what can i do to get thier attention and acknowledge me.........

TANZARELLI

Hi skatehorse,

Can you clarify your position ie the stage your claim is at currently.

simonscanlan

If There Is A Test Case To Decide Whether These Charges Are Legal Or Not Then Surely In The Mean Time, Whilst It Is Still Being Decided, The Banks Will Have To Stop Levying Them Until It Is Over.

TANZARELLI

simonscanlan wrote: »

If There Is A Test Case To Decide Whether These Charges Are Legal Or Not Then Surely In The Mean Time, Whilst It Is Still Being Decided, The Banks Will Have To Stop Levying Them Until It Is Over.

It may be possible to apply for an injunction to stop the charges, this is the only way I can see of doing this.

This should have been something which the courts and the OFT should have done prior to the cosy little court case being started.

sinizterguy

TANZARELLI wrote: »

It may be possible to apply for an injunction to stop the charges, this is the only way I can see of doing this.

This should have been something which the courts and the OFT should have done prior to the cosy little court case being started.

And why should they lose out on the charges during the time the case is being run if the charges are going to be ruled fair and legal ?

If its rules unfair, then they can refund the customers. They very well wont be in a situation to charge the customers after the case if they stopped the charges now.

techspec

Is there a template letter to the courts, for wrongly stayed credit card claims? Ive been told a letter will suffice, and no fee is necessary.

AmazingSunshine_2

Hello to all,
Please forgive me if I have this in the wrong section, I wasn't really sure what section to put this question in! Apologies also for it being long.
I could really do with some advice (please)

I made a claim starting in March against Bank of Scotland (which is now HBOS) eventually after threatening court I got a reply saying they could only offer me £762 as they only had 1000 of bank charges on their system.
I gently pointed out I have bank charges on my statements in my posession totalling over £2500 (at one point they were charging me £20 a day to use the account and up to £80 a month interest charges.
They then sent a cheque for 2050 (with interest my claim is 4185) with letter attached that if I cashed this it would be seen as the only payment in full and final settlement of my claim so I didn't cash it and continued with the court action.
To cut a long story short. They didn't file a defence within time-when they did eventually reply the Judge said they'd not replied in time and I was given the judgement in full by default.
They still didn't pay after judgement so I went back to my court (hampshire) and they issued a warrant of execution (24th July)
when I phoned22nd August the courts (Halifax) they said the bailiff
a) hadn't done anything on my case (four weeks after having paperwork
b) doesn't take the warrants only the amounts when he goes to banks
c) isn't around till 4th september
d) by the way do I know they have 12 months to get the money!

My courts say this isn't acceptable and to make a formal complaint. Also that the warrant is clear. IF Bank of Scotland don't pay up then Bailiff should take goods to the effect of what's owed.

So what do I do next?
1) can I write to the bank say I'm cashing the cheque as an interim payment and am only accepting it as part payment
2) looking around the internet another option is private bailiff's who pretty much guarantee a quick return of your money in full (minus their fee) is this a good way to go?
3) any other suggestions. I'm currently struggling financially and I need this money should I just give up and take the 2050 on the grounds that at least that's better than nothing though I'd rather not
Thanks for your time

miatn

I did a search on this and nothing came up so forgive me if the question has been answered before. My quaestion is do bank fees relate to 'arrangement' fees also?

I have ahd a five pound refund from the Abbey but they did not comment on the two hundred and fifty pound arrangement fee.

TANZARELLI

sinizterguy wrote: »

And why should they lose out on the charges during the time the case is being run if the charges are going to be ruled fair and legal ? Because they are unlawful penalties and they should not be profitting from a penalty see Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd (1915) AC79, and Murray v Leisureplay (2005) EWCA Civ 963, where it was held that a contractual party may only recover damages in respect of actual or liquidated losses.

Also if we can't claim back our charges because of stays then they should not be allowed to charge customers during this period also.


If its rules unfair (which if the case is presented properly they will), then they can refund the customers. They very well wont be in a situation to charge the customers after the case if they stopped the charges now. They shouldn't be doing so in the first place.

Tanz........