News Regarding Banks Procedure Now

[MacBoy]

Precisely Money - this ruling is restricted to Bank Charges only. :bangs head against wall:

[cheryl27]

I am completly stupid, I don't have an overdraft but have direct debits coming out of my account and when there has been no money in my account they have charged me are they classed as overdraft charges????????????

[MacBoy]

If you don't have an overdraft then you can't exceed it Cheryl. And that doesn't make you 'completely stupid' Still good point - maybe I should modify what I said to just 'bank charges', because if you've had those then you're affected by this.

 

What I was getting at was that it has nothing to do with Consumer Credit Act or Credit card cases, as Moneyhelp helpfully mentioned!

[**Tilly**]

no your not stupid if your charges (for direct debits) take you overdrawn then yes they charge you 28.00 classed as unauthorised overdraft but im sure someone will correct me if im wrong

[moneyhelp]

All the information you need can be found on this site somewhere.

 

Here's a start http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/107582-oft-test-case-what.html

Dusary has also posted good information on where we all stand regarding all this.

 

I think everyone now needs to chill and wait for further information from the MODS. The information we have all been given numerous times, is continue with our claims unless we hear different, or the courts instruct us differently.

We are all stressed over this, but lets stay calm and focus on the job at hand.

 

Just my 2 cents worth

[cheryl27]

Thanks Moneyhelp I have read that still confused, and Tilly I get charged 39.00 is this still the same charge, they whole thing is doing my head in!

[MacBoy]

Cheryl

If you have had bank charges levied than you're affected. I'm afraid I may have added to your confusion when I mentioned the test case relating to 'overdraft charges' only. I should have been more precise in my language and have corrected my post to clarify. Apologies.

[**Tilly**]

couldnt agree with you more ssl come on pepes concentrate on your claims the banks must be having a field day with this dont let them just carry on with your claims and timescales show them we wont give up

[Giddygran]

Hi

 

I was going to send my preliminary letter off today!!! But... if everything is suspended I will look really foolish sendingthe letter as I am giving deadlines for response, etc. Earlier on this thread it says that we should still lodge our complaint but how do we word the letter now????

 

Giddy

[MacBoy]

Giddygran

Stick to your timetable. Don't change anything.

[markmark13]

This whole thing's really ****ing me off. Looks like the OFT stepping in to fight the good fight for the customers is actually screwing us, but I'm not really in the mood for irony.

 

I turned down a 75% offer yesterday morning, and now it's gonna take forever to get less.

[deadlykiss]

yep seems a few have turned down offers but stick to original timetable ,, my court told me things still stand

[deadlykiss]

check this thread

Re: What courts are carrying on????

[mixman]

Apologies if this sounds a bit daft,but if the banks win their case,how can they justify paying out to some and not to others .Don,t get me wrong,good luck to those who have recieved payouts.My case now on hold.But if the decision comes back that the banks have acted fairly,and won,t pay out any more.Are they discriminating against some of their customers

[bigyin0334]

Exactly what i was thinking mixman:confused:

[MacBoy]

Not daft at all mixman - perfectly legitimate thought. I'm not an expert on the law, but there's clearly a moral injustice in that scenario if not a legal one. This whole twist in the saga throws up some really interesting questions.

 

For instance in my case I'm considering taking action to force compliance so that I can actually commence my case against the Halifax.

 

They are almost four months out of compliance in providing statements and data for a claim which goes back further than six years (I am missing some statements from both periods). Let's say that the test case (and I'm just hypothesising here!) goes against us - I reckon I could argue that the only reason I lost out was because of HFX's non-compliance and negligence in the first place; otherwise I'd have probably settled long ago by now. Not sure where that would place me legally, but it certainly makes an interesting food for thought, no?

[katscash]

hi everyone i have asked for over six years worth off statments from halifax, havn,t recieved them yet they have to comply by 10/8/07 can i still carry on with this? also can i stil start sar and lba and start court? but then will they stay court proceedings until decision i,m really mad started in febuary with a claim company sacked them a month or so ago and started myself.If i had started on my own then this would of been payed out by now:x

[sea-sidelady]

Yes you can do all that.

 

All claims should continue as usual.

[mixman]

Same goes for me really MacBoy. I wrote requesting statements at the begining of April.Did everything as per instructions on this excellent site.Sent all letters via recorded delivery,and got nothing until i got the standard letter arrive one day telling me that the charges were fair,that came in June.I then got the Financial Ombudsman involved who i sent all documentation i had to them.again the FO have been great,they sent me a letter 2 weeks ago telling me they had written to the Halifax to explain how they had come about their decision,and that i wanted a full refund of my charges plus interest.So now i just have to wait and see what happens,while the Halifax quite merrily carry on putting charges on my account.

[mixman]

I,ve seen very little press coverage on the court case either

[moneyhelp]

I noticed that - wasn't it in the high court on Friday :-?

[mixman]

Yes it was,so if the banks are not refunding bank charges,what is there to stop them continuing with their so- called goodwill payments.A different thing isn,t it;)

[lorn250]

My case is at court now, I am waiting for Abbey's defence, does this mean that they will now put it on hold.

 

Lorn 250

[emmaf01]

I think it is a travesty that they can continue to charge people during this period- it should work both ways!

 

I will be filing my claim in court in the next week.

[Kelvid123]

I filed N1 Fri 13th July and it was deemed served 20th. Halifax have until 3rd Aug to respond and if they decide to defend they have until 17th Aug. Does this still stand or is it now out the window? I am relying on this money as had to borrow the £250 to file N1 so cannot afford to be kicked out