Derby Combined Court staying bank charge refund claims

[mightyman123]

I went to the Derby Combined Court to file against The Bank of Scotland and was told that the Court was staying claims.

I wrote a covering letter to the District Judge and submitted my claim with full supporting correspondence which I had sent to The Bank of Scotland which explained why my case should be dealt with now under hardship.

I met several of the hardship definitions and recomendations detailed by the FSO.

I had incurred over £500 of bank charges in the previous 12 months and been regularly overdarawn, facing repossession and having had a drop in income.

Despite of this the District Judge has chose to stay my claim.

I have also complained to the FSA that The Bank of Scotland are disregarding the hardship reccomendations and I will post the outcome of the separate complaint.

If the banks shut your bank account down when you complain or file in Court it is worth making a further complaint to the FSA as I recieved £250 from the Nationwide as compensation for doing this after the FSA upheld my complaint.

 

It is worth complaining of this as the banks have no right to punish you for reclaiming money that they have taken from an individuals bank account without permission.

[MARTIN3030]

Welcome to the site.

Yes your points are valid and true.Unfortunately some courts are denying the claimant stay relief for hardship because they simple remain oblivious to the OFT waiver.

However where the defence ARE aware of your arguements and oppose the lifting or imposition of the stay-you should take this up with the reg bodies since they have a responsibility to comply with the OFT waiver agreements conditions.

The OFT waiver has no statute so its up to Judges.

Many Judges are saying that by definition harship could equally apply to anyone-since everyone has debts.

The problem it seems is the sketchy definition of what constitutes hardship.

 

Since you seem well aware of the process,thats some consolation in addressing it.

 

Insofar as compensation as a result of the Banks taking adverse action as a result of a complainants-yes its certainly a route available.

The revisions in the banking codes this year also set out guidelines about this,and although only voluntary this was prompted by the FSA and OFT who told them to do it themselves or be forced into it.

 

The good news is that there will be consultation in Westminister soon in which there are plans to have the banking codes regulated.

Will not be a day too soon.

Read about this here;

 

Watchdog muscles in on high street accounts | Money | The Guardian

[kashfat]

Hi i just wrote to Barclays and actually got a letter from the CCCS to say i was under hardship, but they replied back saying they can give me counselling but no refund, any one help?

[MARTIN3030]

Suggest you take it up with the OFT Kashfat.

You obviously have it in writing.Assisting/help with managing finances is one such thing they are required to do where its apparent its needed.

Upholding the conditions set out in the Waiver agreement is a main one.Barclays were signed up to the original waiver,and of course the extension.

File a complaint with the OFT.