Claiming back charges where do i start?!

[tyshamitdeb]

Thanks nicsussex

[tyshamitdeb]

Hi guys

 

 

Ive heard nothing from the court yet and the cheque for the AQ fee cleared 2 weeks ago is it normal for them to take this long? should i give them a ring?

 

 

Thanks

[zootscoot]

It will do no harm giving them a ring. Different courts vary on how long it takes to allocate. Depending on their work load.

[tyshamitdeb]

Thank you zootscoot

[tyshamitdeb]

Hi

 

 

Ive just phoned the court to find out whats going on and the lady said my case was referred to the judge on the 17th and that it will probably be at least another week before i hear from them depending how fast they are working

[tyshamitdeb]

Hi guys

 

 

I got a letter from the court the date for the hearing is 12th of october it is at watford court now im panicing what do i need in my bundle?!

 

 

This is what the letter says

 

DISTRICT JUDGE RHODES has considered the statements of case and allocation questionnaires files and allocated the claim to the small claims track.

 

 

The hearing of the claim will take place at 14.00 on the 12 october 2007 at watford county court, cassiobury house 11/19 station road, watford, WD17 1EZ.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

Witness statements (including those of the parties themselves) must be included in the documents filed and served.

 

A party failing to comly with this direction will not be able to call/give that evidence without the permission of the judge hearing the case.

 

The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues.

However the court must be informed immediatly if the case is settled by agreement before hearing date.

 

No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand.

Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explaination why the assisitance of an expert is necessary.

 

 

Thanks

[GuidoT]

PM me your email address please.

[tyshamitdeb]

Hi GuidoT i havent received anything from you?

 

 

Can someone please tell me about this test case thats going on with the office of fair trading? i read in the daily mail that if the banks win consumers will have to accept the charges or be forced to leave their bank but if the banks lose they could face a multi billion payout to customers

 

 

Lets hope they lose!

 

But my question is if they win will my case be closed? will i still be able to get my court fees of £220?

[Michael Browne]

OFT Test Case: Advice on What to do

OFT Test claim: What this means for you

OFT v The Banks: Read This if You're Worried

OFT v Banks - **Don't panic!!!**

[tyshamitdeb]

Thanks michael

[maxine989]

Hi tyshamitdeb

 

I am just posting around a few Lloyds claimants who have court dates coming up quite soon.

 

In light of the recent OFT proceedings against many of the major banks I was concerned that my hearing may be put on hold (my date is the 16th)...

 

So I decided to call up Lloyds litigation SC&M to discuss my claim.

 

It might be worth tou giving SC&M a call too... I just called them (about 10 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

So if I were you I'd call them... it's worth a go and might save you having to printing out the court bundles.

 

Here's the number: 01273 205381, have your claim number handy.

 

[tyshamitdeb]

Hi maxine

 

Thats great news congratulations! i hope i have some luck i shall give them a call thank you!

[tyshamitdeb]

Hi guys

 

 

I got a letter the other day from lloyds solicitors saying about the test case and my claim maybe stayed

 

 

Today i got a letter from the court saying that my claim is stayed!

 

 

This is what the letter says

 

Before District judge rhodes sitting at watford county court, cassiobury house, 11/19 station road, watford, WD17 1EZ

 

Upon Reading the court file and upon the court noting that a test case has been issued in the High court between the office of fair trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts.

 

 

And upon it appearing that the issues raised in the test case are similar to those in this case.

 

THE COURT OF ITS OWN INITIATIVE ORDERS THAT

 

1. This claim is stayed until 31 march 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay.

 

2. If no such application is made, the cort will give directions of its own initiative on the expiry of the stay.

 

3. The hearing listed for the 12-oct-2007 is vacated.

 

 

What do i do?

 

Thank you

[zootscoot]

Have a look through the new forum for stays:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

You can apply to have the stay lifted there are some templates for this in the stickies.

[tyshamitdeb]

I shall have a look and read thank you zootscoot

[tyshamitdeb]

Hi guys

 

 

Its been a while since i posted just updating and letting you know i didnt bother to get my stay lifted will just see what the outcome of this test case will be hopefully good news!

 

 

See you later

 

 

Debbie

[zootscoot]

Its probably wise, there hasn't been too much luck on the stays front.

 

Fingers crossed for January

[tyshamitdeb]

Hi All

 

 

Glad the test case has now started! but im really angry got a letter from lloyds the other day saying they are taking out £60 of charges (sorry fees!) from my account on the 1st of feb ive been doing so well havent had charges for months and i only went overdrawn a few times and as little as £2 they did write to me recently about their new "fees" and its something like £15 for every time you go over and £15 for an unauthourised overdraft i thought they were putting on hold charging people until the end of this test case?

[Michael Browne]

i thought they were putting on hold charging people until the end of this test case?

Unfortunately not, the FSA waiver allowed them to stop settling claims while continuing to charge penalty fees

[tyshamitdeb]

Thanks Michael

 

 

Does anyone know how the test case is going?

[Michael Browne]

Finished last week, judgement expected apr/may

[tyshamitdeb]

Thanks Michael blimey we got to wait till then! keeping fingers crossed for good news:)

[cabsi28]

what happens then will we all get our money back if it rules in ofts favour or will the debate continue beyond that

[tyshamitdeb]

Hello All

 

Has anyone some news on how its going?

[GuidoT]

You have returned.

 

We just have to be patient, I do not see the stays coming off this year.