Bank Charges OFT Test Case Discussion

blart100

Can I close an account and contininue with my claim?

jocarter24

Hi,
Please can you answer a question for me. I was due to go to court on Aug 16th. 7 days before date both bank and court asked for a stay. What do i do next.

IvanOpinion

You 'stay' otherwise you won't get a scooby snack.

What was the reason for the 'stay'? Was it to do with the ongoing case with the OFT, if so you will probably have to await the results of this. I am assuming you do not have a lawyer otherwise you could simply ask him/her.

Ivan

atgatgatg

I requested my bank statements as per the CAG website on 3 occassions over a period of 6 months. They refused to send them saying on 2 occassions that I had not sent the £10.00. I have post office proof that postal orders were sent twice but they denied this. I decided to file an estimated claim because my dad, being a local councilor, was very good at watching my money and estimated I had been charged approx. £4,000.00. I filed my claim online - halifax failed to file a defence in time and after applying, judgement was entered against them. I had a telephone call from their solicitors saying that they had requested a list of charges from their clients and it only totalled £800.00 which seemed very low even to me, and my dad was amazed that they would alledge this. I requested that they send me my copy statements but they still did not. The solicitors told me they would be applying to have the judgement overturned and to have it stayed pending the outcome of the test case. I was unable to attend the court hearing for such but did write an apology and a lengthy letter suggesting that the court may look on my case seperately and not bow to the bank. Unfortunately, the Halifax got the judgment overturned and a stay. I couldn't believe it. I pointed out to the court they had breached the data protection laws by not sending me copy statements and that it was only their word that said I had been charged only £800.00 and not £4,000.00. But they won anyway. I even spent a further £55.00 on the warrant fee but now I don't know if there is anything I can do. It seems amazing to me that the banks can have a judgment overturned when it was a done and dusted case and do so on the evidence that they have refused to send to me having paid £20.00 for. Can this be right??
Thanks for reading my novel - hope someone can help. Richard.

techspec

The courts are overturning judgements all over the country.

Although they should have defended sooner, the fact that you just "guessed" the amount, may have given them a valid point. You cannot just pluck a figure out of thin air i'm afraid.

But i do believe a judgement for failure to defend should stand. The banks are getting away with murder.

techspec

blart100 wrote: »

Can I close an account and contininue with my claim?

Yes, it will have no effect on the claim.

jimbob1

If the court goes against the bank will they have to repay everyone irrespective of wether they have claimed or not ?

techspec

jimbob1 wrote: »

If the court goes against the bank will they have to repay everyone irrespective of wether they have claimed or not ?

Probably not.

Martin has asked for that to be a requirement, but history shows that it is usually up to the individual to claim.

TANZARELLI

jocarter24 wrote: »

Hi,
Please can you answer a question for me. I was due to go to court on Aug 16th. 7 days before date both bank and court asked for a stay. What do i do next.

You can make an application to have the stay lifeted and there have been various cases where hardship exists that have meant stays have been removed. These applications need to be personal to you and your circumstances. For example if you are in reciept of benefits, then you may be able to prove hardship. Not sure if this site has a template you can use as a guide but, I do know that other sites do so perhaps have a look around.

thisisrick

I wonder can anyone help me?

I had a small business that failed, during the time up to it ceasing to trade I was paying Barclays's penalties every time it went over it's overdraft limit.

Does anyone know if small businesses can make a claim for this in the Small Claims Court?

Thanks