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Bank Charges OFT Test Case Discussion

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  • herbertn
    herbertn Posts: 40 Forumite
    I have a court date of September 18th and today I have sent all documents to the court and to Abbey as instructed by the court.

    As I have a court date will this date now still stand?
  • HSBC offered me an amount that was £850 short of the full amount that I was requesting. I wrote to them rejecting their offer, and asked that they respond to my letter within 7 days. This would have been 2 weeks ago. I have not received an acknowledgement or a response from them. Now, the nightmare that I might have to wait till next year is alarming. What do I do? Does the fact that the claim was opened before the ruling not count?

    Please advise, someone somewhere?
  • I submitted my court claim on july 27th! it cost me £80 to reclaim the £529 I am owed. The bank has til august 15th to enter a defence. Does this process still stand or will they ask for a stay at this stage?
    I have seen some people have had their cases suspended and others have gone ahead. I have 2 main questions:
    1. can I find out whether cases are being heard in Plymouth still
    2. what is the likely time scale of the test case; I have money on my credit card (including the £80 court fees!!!) that I planned to pay off with this money. Are we talking weeks, months or over a year??
  • I am bit confused here as i send reclaim request on 14th july and bank have also sent me letter saying that they recievec letter on 14th july. i called them today ( 1st august) and they said they have gone to court and all reclaim are on hold now.

    Does it apply to me as well, as i understand they went court on 27th july. Should they refund charges for those who claimed before 27th july? Or everybody is on hold now whatever the date was?
  • I sent my claim based on Martin's template about a month ago to my bank, Abbey, including the "I want to hear from you within two weeks" bit. They replied after a week to say they would investigate the claim.

    Since the banks have managed to clamp down on any further settlements until after the test case I'd quite like to take advantage of this lengthy delay to change banks now instead of waiting for Abbey to ask me to leave after they pay out.

    Would this have a detrimental effect on my claim? Is it easier to negotiate a settlement as an existing customer rather than a previous customer?
  • ...just read the latest news re. the test case and i've already started my claim against alliance and leicester back in may. initially i had a letter saying no to my claim saying charges were fair. so, i sent the next letter off and had a response offering me £190 - im claiming 2500 from two accounts. Now i read this and think what do i do? well, according to what i have read, alliance and leicester are not included in the 8 banks involved in the test case and therefore not been granted a waiver???? assuming this is true, im moving onto the next stage and registering with moneysave to progress my claim....

    reading other posts, alliance and leicester seem to push you right to the end of the process before finally paying out..but im not giving up! Especially when i know of so many friends who have received payouts from other banks....

    any news and experiences of alliance and leicester would be useful to know...
  • I am a little startled. On advice of this website I sent a 14 day letter to my bank stating that I would take them to court if it did not repay my charges. I could have taken immediate court action but was persuaded that this was the way forward. HSBC have not responded and I was just about to put my claim into the courts online TODAY.

    Please can someone advise me whether I should still do this and what the response would be from the court?

    much appreciated.
  • buckster
    buckster Posts: 177 Forumite
    Part of the Furniture Combo Breaker
    i sent my letter asking for my copy statements to natwest on June 1st, they cashed the £5 cheque on June 20th, I still have not heard anything and not received my copy statements. It has been over the 40 days that i was willing to wait according to the MSE letter i used so can i still pursue these charges with Natwest as i started on June 1st and the ruling happened on July 27th or must i now wait??
  • mich_t
    mich_t Posts: 15 Forumite
    Hi, sorry just want to clarify something. I have sent my claim to the FOS claiming for the last 6 years of charges. I sent my first letter to the bank asking for my money back in April. I'm just unsure what to do as Martin says if you have charges as far back as 6 years you should still put a court case in. Is it correct that once this test case is settled, say in 2 years, they will start our claims from that date, ie. i would not be able to claim for the first 2 years of my charges?
  • After taking the advice of this website I sent an additional letter to my bank giving 14 days to pay back my charges or I would reclaim through the courts. Why I bothered to presume there may be someone at HSBC with a brain is beyond me as is my gullibility that this letter may actually work.

    No response has been forthcoming and I was ready to submit my court claim on-line today.

    Please can someone tell me if I should still do this.

    thank you
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