Bank Charges OFT Test Case Discussion

Tigerlily.3

We have won two claims in court against LTSB and are about to complete the N1 for our sole trader business account - what do we do now?
How are business claims affected by the test case? Any help appreciated!

helento

I have successfully received my charges back from LTSB £680 and I now want to try my Barclay Card, does this stay only apply to Banks or does it apply to credit cards also. ?

KJ..._3

I just received a letter from Abbey after requesting my charges back. They stated that 'my complaint' may take up to 8 weeks to investigate. I was on the verge of sending a letter saying I wasn't happy with this and threatening court action.

As my claim has not made it as far as the court or financial ombusman, does it still count as a claim in process?

Abbey also refused to send me any post for about 6 months in 2004, when a significant number of charges were applied, thus breaking their own terms and conditions of giving 14 days notice of penalty charges. This also caused me to incurr further charges as I did not know about charges that caused me to go overdrawn again. They did this because of a piece of (correctly addressed) mail being returned as it was delivered to the wrong address. Could I still bring my case on those grounds?

Incidentally, Abbey also sent a letter saying my overdraught was due to end in september (I've had consistently for the last 2 years!) and they would offer me one £300 less.

Is it worth offering to drop my case if they cancel out my overdraught as it's for a little more than the value of my overdraught.

Baldylocks

I was offered partial settlement & was about to accept it when everything was put on hold. Should I go ahead or will they not honour it now?

Edinburghlass_2

Edinburghlass wrote: »

I can't and don't have the time to go through this thread and answer each and every question but I'll have a go at sumarising a few and please read Martin's Emergency Guide carefully...

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

If you are about to go to court, local or via MCOL, you must continue with this to keep your claim in the system. The bank will tell you they have suspended all claims but your individual court may or may not proceed with claims and they are the people to ask.

The banks will and must honour any offers that were made before claims were suspended.

If you already have a court date, it is important that you plan towards this still going ahead and prepare your court bundle etc. If your claim is in the MCOL system it is more than likely that your bank will acknowledge/defend and you will then hear from the court when it is transferred to your local court and will get further directions from them.

You'll find your bank thread linked in the Reclaim Help Thread which is linked in my signature, please read and post on your bank's thread as to how your bank is dealing with your claim as this then helps others.

and as always, please read Martin's article here...

http://www.moneysavingexpert.com/reclaim/bank-charges

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

Stokey125

On one of the other threads soeone has pasted a link to an article on TimesOnline. It would seem that this case has been assigned to Mr Justice David Steel who is a Commercial Court Judge. This would seem to indicate that teh matter was issued in the Commercial Court part of the High Court. The Learned Judge has apparently directed that this matter be fixed to be heard on a date to be agreed between Mid January and February of next year. If the case was only issued on Friday this was unlikely to have been a normal directions hearing unless the OFT asked for a hearing when they issued the claim. That would seem to indicate that the Learned Judge is not going to let the banks drag matters on while holding up other cases. If the idea of this case was to delay matters it seems that this is not going to happen as teh Judge is not playing ball.

stevieM_4

I received a reply from my bank (nat west) telling me i was going to get £3.350 charges paid into my account and asked me to sign a form to say i,d accept the payment! They received the form monday the 30th! Will i still get this money?
I phoned my bank and they said evrythings on hold and i,ll get a letter in about 3 weeks

Edinburghlass_2

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

Mandiemoo

Hi can anyone please help me, this year I have successfully won a case against Nationwide and Halifax Credit Card. I have started court proceedings on my current account, which is with Halifax and i have used the on line money system during June. At the same time I have started my husband with Nationwide. I did the two at the same time and Nationwide have acknowledged his claim. But, my claim still hasn't been acknowledged, does that mean that if they don't acknowledge with in the 14 days I win (this is obviously taking into consideration the new OFT test case)????

My husband received a letter today stating Nationwide were now putting his case on hold even though the same day we had the acknowledgement from their solicitors!!!

Are Halifax one of the 8 banks that have group together???

Please advise as I am confused.

Stokey125

Except where the court has said it is staying court cases all cases are still being handled by the courts so if a bank does not acknowledge a claim or file a defence in time you shoulld apply for judgment in default.