Halifax charges reclaiming & Court Case

[caro]

You aren't alone in being confused. I'm struggling too.

 

In all honesty I don't think anyone should rely on a POC materialising that will suit everyone, so all you should consider is where you are now.

 

There are arguments like an unfair relationship, regulation 5.

 

In my mind being charged charges on charges for an unautorised OD of £3 is unfair, but then I'm not a judge so what do I know.

 

What does the stay say will happen when the 3 months is up?

[battyman]

On the Halifax one it says;

1. The Claim be stayed with immediate effect pending the determination of the Commercial Court Litigation.

2. Permission to apply to lift the stay. Any application shall be made to a DJ on notice to all parties and to include reasons why this claim should proceed before the determination of the CCL.

3. Unless the court has given directions in the meantime, the Defendant shall upon notice to the Claimant apply for directions within 3 months of the determination of the CCL.

 

So I think that takes it to 28th Feb.

 

I also have a claim with Alliance & Leicester and that is stayed for 3 months but that was from the 2 November so the 3 months would be 2nd Feb? The order is the same as above for this case.

 

Just dont know what to do next. Is it too late now for the Alliance and Leicester one and if so what happens next with them?

[caro]

Can you confirm that you are the claimant. If so, it seems the court expects Halifax (and A&L) to apply for directions. If they don't do that I'm thinking that you could apply for judgment by default.

 

Have you been in touch with the court to see if Halifax have made an application.

 

If A&L haven't applied then I (very cautiously) wonder if you may win by default. Don't get too excited about this because I'm not sure, and even if you got judgement, they may apply for it to be set aside.

 

I'll seek more opinions on this.

[battyman]

Hi Caro

Yes I am the Claimant in both Halifax and AL. Should I ring and ask the court about AL or wait until you get back to me. I did have a letter from AL on 5th Feb saying the usual that now the test case is over they are resuming collection activity and want me to contact them to discuss repayment. Also Halifax has passed it on to Blair oliver for collection but I dont want to offer any repayment until I am sure its the right thing to do. Although with Halifax it is partlly the overdraft I owe them so I suppose I should settle with them?

Thanks Caro.

[battyman]

Hi Caro

Would you mind having another look at this for me. I have now updated it.

[caro]

Check with the court if either bank have been in touch with them and if so what has been said or done.

 

Have you had a defence from either bank?

[battyman]

HI Caro

Thanks for looking at it again for me. Had a defence from Halifax and Alliance and Leicester. Rang the court today and neither AL or Halifax have made an application. Halifax 3 months runs out next week but Alliance & Leicester ran out over 2 weeks ago. Should I apply for judgement or is it best to leave it. As they have restarted collections I need to either offer payment or see if I can get judgement do you think Caro? Thanks again for all of your help.

Edited February 17, 2010 by battyman

[battyman]

Hi Caro

Would you have another look at the thread for me. Thanks very much.

[caro]

I'm inclined to say that you should apply for judgment on A&L for failing to comply with the court order. I have no idea if it would be accepted but it's worth a shot. It will cost you £40 to apply without a hearing.

 

I'm still seeking an opinion on this.

[Undercover-Elsa]

Hi Battyman,

You could find this helpful:

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/248268-sheriff-puts-bank-scotland.html

 

Good luck with your case,

 

Elsa x

[battyman]

Thanks Elsa. Just read the thread looks very promising.

 

Caro did you find out anymore about if I should go for judgement against A/L. I suppose if they then go for a stay I can look more into the new developements? I am not sure what to do about Halifax. Should I just wait until the end of next week, when the 3 months is up, and see if they contact me as I believe it is the same order as A/L. Would appreciate your help Caro. Many thanks.

[caro]

I did enquire, but was advised that you could only apply for the defence to be struck out and that in light of the SC judgement this was unlikely to be agreed and would be a waste of money.

 

Sorry it's not better news, so I guess you just have to wait and see if anything happens now.

[battyman]

Thanks for asking Caro. When you say "wait and see if anything happens" do you mean if they go for a strike out? Is it the same for Halifax? Do you just leave the cases and see what they do or should I be doing anything?

[caro]

I don't think there's anything much you can do at the moment, except to wait and see if the court gives any direction.

 

Keep an eye on the thread that Elsa has linked you to in post 17 for updates on the current situation relating to charges.

[battyman]

I have received a letter from Robinson Way this morning. They have said Halifax has passed it on to them and are demanding payment. It is full of the usual rubbish but I am not sure what to do next. The case is still stayed but although the charges cover my overdraft I do owe the overdraft. Should I make arrangements with them to pay so much a month for the o/d or not do anything just now?

[Undercover-Elsa]

Is the entire O/D made up of charges battyman?

[battyman]

Hi Elsa

Yes it is now. They have added another £300 in charges since the case started last year.

[Undercover-Elsa]

In the light of the new method of attack by Govan Law Centre, if it's entirely made up of charges then I personally wouldn't pay, but it's entirely up to you.

There's no guarantees GLC will win, but it's looking very promising:

http://news.bbc.co.uk/1/hi/business/8528209.stm

You could tell Robinson Way that the account is in serious dispute being comprised solely of Bank Charges with a Court Case still pending against Halifax under new POC's.

I hardly think they'd risk taking you to Court to recover it in the circumstances.

[battyman]

Thanks Elsa. In the court directions it says:

"Unless the court has given directions in the meantime, the Defendant shall upon notice to the Claimant apply for directions within 3 months of the determination of the CCL"

 

So if I dont hear from the court should I just ignore Robinson Way (after sending the letter). I think what I am worried about is if I have to discontinue I'll have to pay to do it? Not sure just very confused.

[caro]

At the moment your case is stayed in court, so in dispute. End of story.

 

The order is badly worded as it doesn't make clear what will happen if none of the 3 items are met, leaving you in limbo.

 

You could do as Elsa suggests and see where it takes you. Discontinuing a court case costs nothing, but I'm not sure where you would stand if you wanted to try claiming again or what purpose it would serve. With Elsa's suggestion it buys you some time to see what your court decide and for more developments in the bank charges saga to unfold which may help you.

 

There are no guarantees though.

 

The ideal will be if you can amend the POC in your case, but at the moment that would be quite risky IMHO.

[banker_rhymes_with]

Hello Battyman!

 

Thanks for the PM, but your are already in better hands here than I can provide, so I'll leave it with Caro and Elsa to keep you on the right track!

 

Best of luck with it...but that Scottish case looks to be good news!

 

Cheers,

BRW

[Undercover-Elsa]

Hi Battyman,

MSE has just updated their reclaiming guide, which covers many of your issues I think:

Bank Charges Court Guide: New legal arguments to take on the banks...

 

Everyone's in the same boat at the moment, waiting to see the best way forward, but at least things ARE moving again now

[Gazza112]

Subbing with interest

 

Gaz

[battyman]

Thanks everyone for your replies. Think I will do as you suggest Elsa but I will write to Robinson Way and inform them the account is in dispute and as you say wait and see what happens. Will update you if I hear anything.

[Undercover-Elsa]

Good plan, the longer you can hold them off for the moment, the better.

I'll let you know any other relevant news I come across