Bank Charges OFT Test Case Discussion

TANZARELLI

miatn wrote: »

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.

If this is a fee for a service then no, if its a penalty arrising from a contractual breach then yes.

Palerie-head

AmazingSunshine wrote: »

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

What a stress! Have you tried looking into a High Court Enforcement officer? I've been told that they are far more efficient that relying on your county court bailiffs - someone on here got their cash within the week.

I was just about to issue a warrant against HSBC when they applied to have my default judgement (they hadn't responded with their defence in time) set aside and my case put on hold, so now I have to wait for the outcome of that before I can do any more.

Good luck!

Caroliina

I would like to get some advice from people in a similar situation. I send in my first letter (end of May) to Lloyds TSB asking for all my statements. I got a reply mid July with all the info (however the letter was dated 12th of June, but how do I proof that I got it so late!?) I then send of my reply with the charges-summary. This was on the 19th of July. I got my reply on the 30th of July...(so if I send my letter just a few days earlier would my situation be different..?) Anyway, because my claim was send in before the 27th of July can I write back to the bank to argue this and demand my claim beeing delt with as any claim before the legal proccess with OFT started on the 27th? Has anyone else done this?

Hopefull...:j

jesteruk1

Im currently seeking 2000 from Halifax and at the end of July i filed thru online courts. Now im expecting them to request a stay. Now the thing is they are taking action against me for 1200 after loosing my job and being unable to repay the overdraft. They are due to hit the courts with this in about 7 days time- so can i ask for a stay on there action against meon the grounds im awaiting the outcome of my action against them??

Many thanks guys

Good luck!!

hennups

HI!

I am in the process of claiming over 1000 quid with Barclays. Been going on since January!! They had given me a directions hearing date of 14/august which was half way through my honeymoon.

So before I left, at start of July, I sent a letter to the court, on their advisement, and to the solicitors at Barclays, advising them of this and asking for a new date. I also let them know of my new marital address. I got back from honeymoon yesterday and have heard nothing yet. May have to phone court tomorrow or the solicitor as they've probably sent something to old address which isn't easy for me to get to.

I've missed all this test case stuff and can't get my head around it. Do you think my case has probably been affected? What to do? Wish I'd taken that settlement back in April!!

Cheers!

alanty

sorry to ask this question but are credit card accounts covered by the court case or can you still carry on claiming through the county courts

lindilou39

alanty wrote: »

sorry to ask this question but are credit card accounts covered by the court case or can you still carry on claiming through the county courts

They shouldnt be as the stays are only against bank charges, however, some institutions have their wires crossed and to be perfectly honest so have the courts as they are allowing stays on credit card charges.

blissy02

Help,

I opended a new current account with the Alliance and Leicester in July. On opening the account I arranged a monthly direct payment of £20 into a saver account with them set up at the same time (very easy to do just fill in the amount to save). I received all the cards cheque book etc. went on holiday and though I will start using the account in August totally forgetting about the direct payment. To cut a long story short because I have not put any money into cover the £20 I have been charged £34 for a "failed bill payment" and two times £25 for an unauthorised overdraft caused by the £34 charge. I spoke to the bank twice, once when I recived the letter re the £34 and was told about the freeze on dealing with bank charges, no mention that if I did not put money into my account to cover the £34 charge I would incurr overdraft charges. Spoke to a manager at the Alliance today and basically was told to S.. off they don't have to deal with any bank charge queries until the test case is resolved and if I don't put money into accoount the I have never even used the charges will continue to be added to and it may effect my credit history. I can not even close the account. I feel like I would have more chance keeping my money at a pick pocket convention. Seriously though what can I do!

Any help greatly appreciated


One very stressed Mo

lindilou39

blissy02 wrote: »

Help,

I opended a new current account with the Alliance and Leicester in July. On opening the account I arranged a monthly direct payment of £20 into a saver account with them set up at the same time (very easy to do just fill in the amount to save). I received all the cards cheque book etc. went on holiday and though I will start using the account in August totally forgetting about the direct payment. To cut a long story short because I have not put any money into cover the £20 I have been charged £34 for a "failed bill payment" and two times £25 for an unauthorised overdraft caused by the £34 charge. I spoke to the bank twice, once when I recived the letter re the £34 and was told about the freeze on dealing with bank charges, no mention that if I did not put money into my account to cover the £34 charge I would incurr overdraft charges. Spoke to a manager at the Alliance today and basically was told to S.. off they don't have to deal with any bank charge queries until the test case is resolved and if I don't put money into accoount the I have never even used the charges will continue to be added to and it may effect my credit history. I can not even close the account. I feel like I would have more chance keeping my money at a pick pocket convention. Seriously though what can I do!

Any help greatly appreciated


One very stressed Mo

why didnt you just use online banking and instead of DD payment you could just transfer the amount yourself, I try to avoid DD payments at all costs..cancel the DD payment immediately, try and pay the charges as soon as possible and when you,re in a better position transfer across to your savers account instead of the Direct Debit movement.

Lin

TANZARELLI

alanty wrote: »

sorry to ask this question but are credit card accounts covered by the court case or can you still carry on claiming through the county courts

Hi alanty,

Don't apologise for asking a question mate, that is what this site and others are for. We seem to have a small minority on here who support the banks for some bizarre reason, either that or they work for them and are purposely trying to make out we are wronging them.

lindilou has answered your question. The courts are applying stays to credit card claims as well as business claims even though they should not apply. Credit cards are not bank overdraft charges and the OFT have reported on them in 2006. Business claims don't rely on the UTCCR 1999 so they should not have stays applied to them.

Tanz