In debt to Bank taking me to court need advice urgently!!!!

michael2007

PLEASE DO NOT MOVE I NEED ADVICE URGENTLY!!!

I have posted on reclaim bank charge forum and keep asking for advice but don't seem to get any exact answers on what steps to take. i appreciate ppl's advice but need exact steps to take.

it's quite confusing all this bank charge stuff I need someone to give me advice and exact steps to take URGENTLY plz!!!???????

quick summary:-

halifax are taking me to court for £286 (a small amount compared 2 other people!) so i need to take action URGENTLY!

i got my list from the data protection manager of charges but all the charges were not on there. they took £175 from my other savings acc with them (without my permission)

but they're now taking me to court...i thought they wouldnt do this as they dont want to go to court and i thought it was 'pending'?

what do i do now? they havent ACTUALLY taken £286 so i cant claim back for that, but have taken £175 and are chasing me for £286. how do i get them to cancel the £286?

PLEASE PLEASE PLEASE help me, i really NEED to get this sorted as its dragging on since last year.

they closed the relevant account down although i still have my savers acc with them.

i want my £175 back and want the £286 cleared HOW DO I DO THIS??????
which letter do i send??

please advice step by step if poss. i am a bit unclear about all this bank stuff.

There must be other people who have been in this situation?

thanks

mic

floss2

Hi, if you can clarify the following, it may be easier to give advice:

What do the £175 of charges relate to?
Do or did you have an overdraft with Halifax (before they closed the account)?
What does the letter chasing £286 say - what is that for?

michael2007

hi

hope this helps:-

relating to unlawful overdraft bank charges
yes i did have an overdraft with them
they were charging me x£30 for going £2 into my overdraft at a time.
the letter just says £286 debt for overdraft charges.

mic

michael2007

please any1?

i need advice :0(

Conor_3

They can take you to court because technically at the moment, you owe them £286. Bank charge claims are currently on hold. You need to sort out paying them before it gets to court and you have a CCJ or worse, then reclaiming the charges later.

rog2

At the moment, michael, the whole question of 'unlawful charges' is a bit in the air, as the County Courts seem to be waiting on the outcome of the 'test case' which is currently being held at the High Court.
The effect of this is that courts are putting 'stays' on cases, pending this outcome, which could take many months.
I would imagine that, in your case, if the bank do take you to court, then the judge would, in effect, impose a 'freeze' or 'stay' on any judgement until the high court ruling.
You should, however, fully explain your position - especially the fact that you are in the process of reclaiming your charges and feel that it is unfair that the bank have 'taken' this money whilst the matter is still in dispute.
In an ideal world, you should take advice from a solicitor.

floss2

How much have they charged you in total? £175 or £286? or is £286 what is still owed AFTER the £175 was deducted from your savings account?

Is there no way you can repay this money?

Have you tried an offer of repayment to avoid court?

If they do take you to court, it will be for more than £286, as their costs will be added on, then if a CCJ is awarded against you, its on your credit record for the next 6 years from date of judgement.

Conor_3

rog2 wrote: »

I would imagine that, in your case, if the bank do take you to court, then the judge would, in effect, impose a 'freeze' or 'stay' on any judgement until the high court ruling.

I disagree. The two are in effect completely seperate things. The money he is being taken to court for is for being overdrawn and not settling the account. The fact he "may" be able to claim charges is irrelevent to this case. That is a different matter.

It's like me not paying a bill for something that I've bought from the catalogue because I might be returning a defective item to them somewhere down the line. It's not going to happen and they're going to want to get their money.

tallyhoh

Two quick questions:

If they have taken £175 from your savings account- why have they not taken more as they say you owe them? Is there any money in it?

Pondering on the above- why have you still got a savings account with them? If there is money in it, why dont you close it before they do take any more?

rog2

Conor wrote: »

I disagree. The two are in effect completely seperate things. The money he is being taken to court for is for being overdrawn and not settling the account. The fact he "may" be able to claim charges is irrelevent to this case.

Then I may have misread the thread - it is a bit confusing - but I answered only as I saw the OP's situation.

michael2007

i tried to get another bank acc without luck

i think this is coming up as a problem on my record maybe (halifax problem)

i tried with barclays and they refused
i trued with co-op theyre still getting back to me after 2 weeks!
i want to close it but need the acc to pay my wages into

i get my wages b4 they can get it