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Help!! What can i do now??

Hi everyone,

This evening i got home from work and i've received a letter from Natwest telling me that with reference to my claim against the charges, they believe the charges are fair, transparent and lawful. (Suprise Suprise!)

They also go onto mention that if i claim to the courts i will be unable to becasue of the 'Test Case' that is currently being up through the OFT. Is this correct that i can not claim to the court now; do i have to wait for the case to be heard?

I originally wrote to Natwest back in May, (over two years i was charged over £2500 in charges) to which i received a letter from them explaining that it would take approx. 3 weeks for them to invstigate and get back to me. It has taken them nearly three months! Do you think that they have waited until the FSA has given them a 'waiver' before writing back to me?

Is there anything i can do? If anybody could suggest something i'd really appreciate it. Beers could be on me!!!!!

Many thanks, Shelley

Comments

  • shelleyuk wrote: »
    Hi everyone,

    This evening i got home from work and i've received a letter from Natwest telling me that with reference to my claim against the charges, they believe the charges are fair, transparent and lawful. (Suprise Suprise!)

    They also go onto mention that if i claim to the courts i will be unable to becasue of the 'Test Case' that is currently being up through the OFT. Is this correct that i can not claim to the court now; do i have to wait for the case to be heard?

    I originally wrote to Natwest back in May, (over two years i was charged over £2500 in charges) to which i received a letter from them explaining that it would take approx. 3 weeks for them to invstigate and get back to me. It has taken them nearly three months! Do you think that they have waited until the FSA has given them a 'waiver' before writing back to me?

    Is there anything i can do? If anybody could suggest something i'd really appreciate it. Beers could be on me!!!!!

    Many thanks, Shelley

    hello. from what i gather you will have to wait now 'till the test case. i had the same reply from the tsb and having looked into it i think everything is on hold. what will happen now is any ones guess. if the bank loses then hopefully they will settle if they win then i dont know. all i do know is that its going to take time and knowing the banks they wont be in a hurry!
  • More stalling tactics from the banks, and as frustrating as it is, it looks like you've hit a brick wall until after the OFT case.
    Make sure you sign the petition on the 10 Downing street site and add you names to the 20,000 or more people who think the OFT test case is unfair.
  • eHello Shelley,

    This is a typical case where the bank has 'taken control', and have won the waiting game. In any lawsuit (let's call it that way), as the 'claiment' you are required to take all the steps. You must understand that the 'defendent' doesn't want to pay up, or at least wants to stretch things beyond the edge of the universe. This is exactly what your bank has done.

    It is your job as the claiment to force the bank to respond to your letters with a deadline (usually 14 days). Within the same letter you must let them know if they fail to respond appropriately, you will take the appropriate neccesary legal steps. This will alert the bank that you are serious about your case.

    When you set a deadline for the bank (or any other defendent), always make sure you never surpass your own deadlines. Banks are aware of the deadlines, and as soon as you show a 'weakness' thy will take advantage of that.

    So what can you do now?

    Well, nothing is lost, but since July 27 (the infamous OFT's decision) has passed sometime ago, there is nothing you can so at the moment. If you apply at the courts for your case, the banks will immediate ask for suspension, which they will be granted, because of the OFT decision. I advise you to reply to your bank that you have received your letter and that you will calculate interest on the amount you claim at the statutory rate. Also, tell them you will send your case to the courts at the earliest possible occasion and that you believe the charges are unfair which you will fight in the courts.

    Keep on eye on this website and the forums. Things change on a daily basis. Feel free to ask any questions.

    Good luck,

    G.J. Pool
  • gmb_2
    gmb_2 Posts: 10 Forumite
    I have previoiusly asked my Bank to refund unfair bank charges for the past 6 years. I opened another account and had both my husband's pay and mine paid into it just in case. Now I am overdrawn with the Barclays with whom I had the original account. Getting loads of hassel and loads of interest every month applied to that account. Also sending me letters and charging me £25.00 each one. I am waiting for the big decision in the Courts like everyone else but even if it does favour the customer mine will be swallowed up by the charges and interest they are applying to the account in the meantime. The interest is crippling.
  • Stokey125
    Stokey125 Posts: 671 Forumite
    shelleyuk wrote: »
    Hi everyone,

    This evening i got home from work and i've received a letter from Natwest telling me that with reference to my claim against the charges, they believe the charges are fair, transparent and lawful. (Suprise Suprise!)

    They also go onto mention that if i claim to the courts i will be unable to becasue of the 'Test Case' that is currently being up through the OFT. Is this correct that i can not claim to the court now; do i have to wait for the case to be heard?

    I originally wrote to Natwest back in May, (over two years i was charged over £2500 in charges) to which i received a letter from them explaining that it would take approx. 3 weeks for them to invstigate and get back to me. It has taken them nearly three months! Do you think that they have waited until the FSA has given them a 'waiver' before writing back to me?

    Is there anything i can do? If anybody could suggest something i'd really appreciate it. Beers could be on me!!!!!

    Many thanks, Shelley


    While it is true that some courts are suspending bank charges claims it is not true that all are. In any case due to the Limitation Act depending on when the earliest charge was imposed you run the risk if you delay of being unable to claim through the courts for charges. I would therefore look to see how long ago the earliest charge was if it was in the period September - December 2001 then you should inform the bank that you will commence legal proceedings within 14 days if they do not refund the charges. Then you must issue proceedings or you will be at risk of losing your right to claim these charges. Any charge from January 2002 is currently safe but this will change with time.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
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