Bank Charges OFT Test Case Discussion

haychee

Hi

Ive been reclaiming my charges from HSBC for the past several months and had a defence entered and a court date set for 31st August. I have recieved nothing since the date was set back in June. My question is, what do i do now that the OFT has announced this test case scenario? I have no allocation questionaire, no letter or any correspondance from either HSBCs solicitors or the court regarding my case. Do i attend the court on the date? Do i try to contact the banks solicitors? or contact the court?

I am in a position of "financial hardship", my debts are substantial and i really need this repayment for my bank charges in order to survive. Really i was relying on it arriving and am not sure what will happen to me if it doesnt payout.

Any advice would be greatly appreciated now that the date is looming. I understand it is difficult to say the best course of action or what exactly will happen. I just need someone to tell me what i should do.
Many thanks in advance.

Stokey125

Martin in his email advises caution against opposing applications for stays. While I would not disagree with the logic of Martin's argument there is a danger of stays being granted before the steps he suggests can be taken. To perhaps preempt the banks and perhaps to stop stays being granted without representations being made beforehand would it be an idea to write to the court making points similar to the points made in this thread http://forums.moneysavingexpert.com/showthread.html?t=516985 If a suitable case for a more structured argument comes up we can then deploy full arguments.

Lindsay70

Last monday I made a settlement with Barclays(on behalf of the Woolwich)and signed and sent this back to the bank agreeing that they pay me the full charges plus interest.Will the action by the OFT affect this and will I still get my money as it was agreed before the change was implemented????Can anyone help with this|?

hils555

I was granted a warrant against Lloyds TSB and they applied for the judgement to be set aside as they had not recieved the original summons. I have sent the neccessary paperwork to the court to prove that this is untrue as they had already replied to me 3 times. The court case is due to be held on the 20th August. This date was sent to me by my local court 2 days before the test case by the OFT.
I have proved that their defence is false, will this hearing still go ahead? I feel really aggrieved that I have got to this point and it may be held up. They owe me nearly £7000.

Stokey125

hils555 wrote: »

I was granted a warrant against Lloyds TSB and they applied for the judgement to be set aside as they had not recieved the original summons. I have sent the neccessary paperwork to the court to prove that this is untrue as they had already replied to me 3 times. The court case is due to be held on the 20th August. This date was sent to me by my local court 2 days before the test case by the OFT.
I have proved that their defence is false, will this hearing still go ahead? I feel really aggrieved that I have got to this point and it may be held up. They owe me nearly £7000.

Unless the court tells you otherwise yes it will go ahead and good luck

goldfinger_2

I am still waiting for my bank to get in touch, with my offer. we have had correspondance going back and forth since April. They last told me that my final offer had been done and was waiting to be sent out (from another department) does that mean mine claim is now on hold as well?

stevieM_4

BristolDave wrote: »

I'd like some advice on this question too please - I'm in exactly the same situation with Natwest.

At the moment, I'm tempted to follow advice I've read here saying "stick to your timetable". My thoughts are that if I leave it, I may lose all chances of claiming the money back (if the worst happens and the OFT lose the test case) whereas if I carry on the motions towards a court case now if the bank applies for a stay I can at least contest it.

What are other people's thoughts on this? Should me and tsotd and others in this situation carry on?

i had the same letter and sat on my hands waiting for they,re offer! they came back to me with my full amount i was claiming for so maybe if you threaten court action they,ll rebel against it?

campbeji

Hi All,

Does anyone know how this announcement will affect cases in Northern Ireland?

Thanks

Jim

markluke_2

I have already made a successful claim (£1200).:j

But I am still getting charges on my account.
Can I claim for these new charges even though, in the letter a got from the Bank it said, that ' I consider the matter closed, meaning that I can’t open up the complaint again later.'
Is this just for the last claim or does it apply to future claims.

Edinburghlass_2

campbeji wrote: »

Hi All,

Does anyone know how this announcement will affect cases in Northern Ireland?

Thanks

Jim

Check the website for your bank and see if they have an announcement up there as all the main UK banks have a statement on their websites.