Bank Charges OFT Test Case Discussion

Stokey125

MooRouge wrote: »

My bank, when requested for a breakdown of how they arrived at a charge of £30 per overdrawn withdrawal responded that they were unable to do so because the information asked for was of a "commercially sensitive" nature. Any advice?

If you have started a claim in the county court and it has not been stayed then apply for an order for specific disclosure. Another possibility is to apply for office copies of the pleadings in the OFT case including the defendants statement of case. this second route is more expensive as you will have to make an application to the court for permission to have copies. I cannot recall whether you need to service notice of the application on the parties to the action.

jinky_2907

With regards to reclaiming bank charges, I switched banks 1.5 years ago and would like to know is it possible to reclaim charges from my old student account if my account has been closed?

shazza2

SarahR wrote: »

My bank made me an offer which I do not want to accept but has already credited my account. I have not yet accepted or declined. What is my next step?

been in court today against lloyds leave the cash in your account they just deduct it from your total award, lloyds applied for a stay but judge declined, as they only applied on tuesday got back 2,044

good luck and keep going i started last november

techspec

jinky_2907 wrote: »

With regards to reclaiming bank charges, I switched banks 1.5 years ago and would like to know is it possible to reclaim charges from my old student account if my account has been closed?

Yes, i am claiming against Barclays, and its been closed 4 years.

Katie_m_w

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My husband and I have recently started the process of re-mortgaging as we could not afford the monthly payments after our previous lender Abbey increased our monthly payments from £515 per month to £615 per month.<o:p></o:p>
We chose to go with Halifax who assured us that they covered all charges bar the odd £20ish charge. <o:p></o:p>
We have a loan with First Plus, which is the 'second charge' (I think that was the expression Halifax used). In the process of re-mortgaging there is apparently a moment when our mortgage is transferred, when First Plus become the 'first charge' and therefore have first claim to our home rather than the mortgage lender. Halifax have had their solicitors write to First Plus asking them to relinquish this claim for the split second that the mortgage transfers, apparently this is normal and not usually a problem. <o:p></o:p>
We have since been charged about £150 by the solicitors, which Halifax say is not covered by their offer and we will have to pay directly to their solicitors. We have also been billed £125 by First Plus just for them to sign the deed. Both parties have been dragging their heels getting things sorted so we are stuck paying our previous mortgage lender, Abbey, their extortionate monthly payments. <o:p></o:p>
Do we have any options for reclaiming any of the money as this is crippling us financially and was meant to be saving us money?

Linzi475

Hi,
I am looking for some advice. I sent a letter to my bank, Halifax, on 6th July requesting payment of my bank charges. I have had no correspondence from them at all. I now realise that the test case was announced on 28th July. This is a gap of 3weeks and by law i should have had a reply within 14days. Should i write to my bank explaining this and ask that they make a settlement now?
Thanks in advance for your help!:p

Elise1309

Linzi - The only cases being heard are those actually filed with the courts before the test case announcement was made. It sounds as though you haven't even got to the stage of starting a claim through the small claims court, so the dating will be irrelevant in your case. You can and should continue with the claim as advised in Martin's guide, but be prepared for a stay to be issued - unless you get very lucky and the bank do respond with an offer either before you start proceedings, or once you've started your claim with the courts.

davered33

Hi
I was in the process of reclaiming the excessive charges on my account, back in april 2007, when I received a letter, from Lloyds, stating
"The terms and conditions for this type of account did not allow for items to be returned unpaid or for the account to go overdrawn"
It then goes on to state
" I can confirm therefore that this account has not incurred any returned item charges or overdraft excess fees".
They then returned my £10 cheque , for the copy statements.
Having just received another charge today, this whole issue has come back to mind.
Having totalled all the overdraft excess fees and unpaid D/D = £ 2906.50.
Should I still proceed with the next stage, or are they correct.
Regards
davered33

PJHilder

davered33 wrote: »

Hi
I was in the process of reclaiming the excessive charges on my account, back in april 2007, when I received a letter, from Lloyds, stating
"The terms and conditions for this type of account did not allow for items to be returned unpaid or for the account to go overdrawn"
It then goes on to state
" I can confirm therefore that this account has not incurred any returned item charges or overdraft excess fees".
They then returned my £10 cheque , for the copy statements.
Having just received another charge today, this whole issue has come back to mind.
Having totalled all the overdraft excess fees and unpaid D/D = £ 2906.50.
Should I still proceed with the next stage, or are they correct.
Regards
davered33

Basically they're saying because your account didn't allow these things then they couldn't have possibly happened. Even if the charges are there staring you in the face each month. :rolleyes:

Plow on with the next stage and ignore their smoke and mirrors. :j

summer07_2

I dont know what to do and am hoping someone can give me a bit of advice!!I applied for refund of bank charges for £1553.accepted offer of £979 last month.barclays refused to pay as i hadnt written in my acceptance letter the words"accepted in full and final settlement"phoned them and several times was left on hold until i gave up waiting.Then to make matters worse didnt realise that since my account has transfered from woolwich that they would let me withdraw cash over my overdraft limit and then automatically sting me for £30,this facility wasnt on my original woolwich account so if it was available I assumed it was mine to spend!!had an appointment with partronising bank manager who told me that "they expect their c/m's to be ADULT enough to manager their money!!!!!" kept quiet as mr smarmy told me that "in light of it being my first charge with barclays he would refund".In light of this I decided that as barclays were so patronising and hadnt accepted my letter they had done me a favour and i would continue with case.I rang them to be told my telephone banking facility had been cancelled so I cant resolve this now even if I wanted to!!have a court date for 26th october.apparently local court is deciding on each case individually!I think i might be classed as a hardship case due to only having a part time wage and in receipt of tax credits and housing benefit.Apparently their is a hardship letter on consummer action group but it wont let me create an account.only subscribe to news letter!
THANKYOU for listening to me rattle on.hope you can offer me some advice.