Bank Charges OFT Test Case Discussion

michaelawebb

HI, I AM NEW TO POSTING BUT READ REGULARLY TO KEEP UP TO DATE WITH WHATS GOING ON.
I NEED ADVICE MYSELF NOW.......I RECIEVED AN OFFER FROM ABBEY WHICH WAS 65% OF MY ORIGINAL CLAIM. I DECLINED SENDING THEM A COUNTER OFFER (WHICH I MUST SAY I AM GUTTED ABOUT NOW, BUT EH!).
I HAVE NOW RECIEVED A COURT DATE FOR 22ND OCTOBER. BUT I AM GOING TO BE ON HOLIDAY. CAN THE DATE BE CHANGED?
THE OTHER THING IS, I HAVE BEEN READING ABOUT PEOPLE TAKING THEIR COURT BUNDLES WITH THEM TO COURT, SOME SEND THEM 14 DAYS BEFORE THE DATE. WHAT SHOULD I DO?
I FILED MY CLAIM MYSELF ON MCOL. SO NOT REALLY SURE ABOUT THIS STAGE OF THE PROCEEDURES.

I CHECKED ON THE FORUM AND IT SEEMS THAT CROYDON COUNTY COURT, WITH WHOM MY CASE IS BEING HEARD, ARE DOING THINGS CASE BY CASE . I HOPE MY HEARING WONT BE STAYED.

IF IT IS.... DO I STILL SEND MY BUNDLE?

THANKS IN ADVANCE FOR ALL YOUR HELP

Balletshoes1

I'm past the date to answer your questions however as I too should have had a hearing on 29/08/07 I was under the impression that all Harlow cases had been 'stayed'. Whilst I did place an application to 'set aside' the 'stay' within the required 3 days, I was told that the Judge was on holiday and some 3 weeks later I still have not had an outcome to my application, however I have been told categorically that original hearing on 29/08/07 has been cancelled! Poor justice, it is a postcode lottery, in some counties cases are being heard and in others not. Please keep us informed I will look out for your entries.

Stokey125

michaelawebb wrote: »

HI, I AM NEW TO POSTING BUT READ REGULARLY TO KEEP UP TO DATE WITH WHATS GOING ON.
I NEED ADVICE MYSELF NOW.......I RECIEVED AN OFFER FROM ABBEY WHICH WAS 65% OF MY ORIGINAL CLAIM. I DECLINED SENDING THEM A COUNTER OFFER (WHICH I MUST SAY I AM GUTTED ABOUT NOW, BUT EH!).
I HAVE NOW RECIEVED A COURT DATE FOR 22ND OCTOBER. BUT I AM GOING TO BE ON HOLIDAY. CAN THE DATE BE CHANGED?
THE OTHER THING IS, I HAVE BEEN READING ABOUT PEOPLE TAKING THEIR COURT BUNDLES WITH THEM TO COURT, SOME SEND THEM 14 DAYS BEFORE THE DATE. WHAT SHOULD I DO?
I FILED MY CLAIM MYSELF ON MCOL. SO NOT REALLY SURE ABOUT THIS STAGE OF THE PROCEEDURES.

I CHECKED ON THE FORUM AND IT SEEMS THAT CROYDON COUNTY COURT, WITH WHOM MY CASE IS BEING HEARD, ARE DOING THINGS CASE BY CASE . I HOPE MY HEARING WONT BE STAYED.

IF IT IS.... DO I STILL SEND MY BUNDLE?

THANKS IN ADVANCE FOR ALL YOUR HELP

You must still send in the court bundle unless you are told that your case has been stayed by the court then you should take it that it is going ahead.

jamblairo

Hi, I've just been reading your post regarding people on benefits and how the banks are not allowed to take charges from benefits as they are needed to live on. I have already sterted the process of reclaiming and they offered me £672 when I was actually charged over £1200. When they 1st offered me this lesser amount, I used your "not happy with offer" letter and sent it to them, but they sent me back a letter offering me the same amount and giving me the option of either accepting this paltry sum or for me to wait for the outcome of the test case.
I am currently, and have been for 10 years, on Incapacity benefit (due to torn discs in my lower back). I do not claim Council Tax or Housing Benefit, so I am not stretching the system in any way. How does your blog about "while claiming benefits" affect me? & should I accept this lower sum or hold out?

TANZARELLI

jamblairo wrote: »

Hi, I've just been reading your post regarding people on benefits and how the banks are not allowed to take charges from benefits as they are needed to live on. I have already sterted the process of reclaiming and they offered me £672 when I was actually charged over £1200. When they 1st offered me this lesser amount, I used your "not happy with offer" letter and sent it to them, but they sent me back a letter offering me the same amount and giving me the option of either accepting this paltry sum or for me to wait for the outcome of the test case.
I am currently, and have been for 10 years, on Incapacity benefit (due to torn discs in my lower back). I do not claim Council Tax or Housing Benefit, so I am not stretching the system in any way. How does your blog about "while claiming benefits" affect me? & should I accept this lower sum or hold out?

I would hold out for the full amount and if you can prove hardship then you will probably be able to get the stay removed which will meant the bank will almost definately settle prior to court.

Tanz

Patsystokes

Does this mean that i have lost my case? Is there anything i can do now?
Please help.

Beate

Everyone's claims are being stayed right now, until the test case is resolved. That does not mean you have lost at all, only that your claim will not be decided for the time being. You can apply for the stay to be lifted, but to be honest, I don't know how successful this will be.

taz2426

hi
i started claiming my bank charges amounting to 9,700 in may but due to the banks delay i was just about to start court action when i recieved a letter stating that the bank would put a hold on this until test case. because i started my cliam before the august 7 deadline is it still worth me going to court or will it be put on hold

helen.irvine

Am I legible to reclaim these charges if I no longer hold a current account with one of the major banks but still have a loan with them, as it was down to the bank that debt issues started?

thelamb

I recently took Royal Bank of Scotland to court & won by default on 25.7.07,
i believe this was 2 days before the court ruling.
When they chose not to pay I issued a warrant on 7.8.07 & they were instructed to pay by 20.8.07.
Ive heard nothing since & need to know what my next course of action should be,if you can advise me.

Cheers.......alan