I can well understand your frustration - I have a strong feeling the days of bank charge claims have finally come to and end. I do hope you're right about the credit cards - and I'll endeavor to carry on doing something with my two credit card claims...... I hope things work out for you in march....and maybe just maybe you could sue for malicious malpractice against the idiot lawyer!!

I'm really sorry things didn't work out for you - but at least it is only a "stay"...... so they might get better in the new year after the test case.... They do say that claiming against credit cards is completely fine - it's just the banks that have done this....

you're right: no regrets....... at least I can say that now! Having worked in banks for the last 8 years I really did expect them (all of them and the regulators) to take action at some point - as things were getting a bit mad with hundreds of thousands of people claiming back vast sums of money (of course I am on side of consumer!)....... The only reason I didn't carry on was the fear of a test case..... which seems to have come about..... My honest guess about how things will go in court tommorow is that you'll turn up, the bank definately won't turn up but will submit a 2 A4 page written defence in place of their having not turned up, and the judge will simply rule in your favour although he/ she might not actually say that at the time - you'll have to wait until afterwards to find out. This is the whole point of the bank charges stuff: the banks are simply too terrified to let it come to court.... because they will simply lose!! Have a good day tommorow!

good luck nell and seriously well done for getting this far and getting a judge that has disapproved of the banks request for a stay. I had 2 bank claims (one huge and one really tiny), and I have to admit I'm sort of glad I bottled out early on and accepted the banks (RBS in this case) offer on albeit the biggest claim of the two - because I would be nervous of the banks applying for court "stays" and all this test case stuff. I'm really glad in your case the judge has let you through - as I reckon you'll probably stand a huge chance of winning (and "full and final" settlement) now..... Good luck with it all....... and keep us posted on your success... Atlantic

Thanks uk..... I was claiming a very small amount from Barclays and received a leaflet going on about the test case stuff, then I received a second letter from them telling me that they would apply for a stay in court on my claim. I could tell something was up....hence I checked out CAG and Martin Lewis's site...... and I just needed to know if it extended as far as CC claims too - which thankfully you've just confirmed that it doesn't...... I sort of expected all the banks and regulators to wind up doing something but it'll still be a nasty shock to all the tens of thousands of folk who had aspirations of getting them into court as things seem to have been successfully stalled!! Thanks for your advice....... I'll stick at my 2 claims (Barclaycard and Cap 1)................

Does anyone know if it is still ok to claim against CC's?? I know the banks now are applying to the court to place "stays" on claims going through - so just wondered what the situation was with CC's? Please please advise......

Hi ukaviator ... and anyone else out there...... I've just been reading up on all the OFT stuff (as I've been away during July) and would *really* appreciate your advice: is it still ok to go for CC claims??? I know now the banks are applying for stays on court claims - at least until the test case goes through - is it the same with CC's? Please please advise...... as I've now really got outstanding claims with only Barclaycard and Cap 1. Atlantic....

Dogspods..... I'm in same position - in my case I sent 2 LBA's and they've come in with an offer (oh and incidentally an immediate credit to my defunct account without my prior approval) for £96. I am just going to continue with course of action as normal and have already written back rejecting their poultry offer...... I remember from other threads in other credit card forums that this is just a "fob off" delaying tactic....... so simply stick to your deadlines and carry on as normal......

Hi alanalana, I'm actually away on a family holiday at the mo.....so am not really in a position to give serious thought to the bank charges stuff.....yet!!! You seem to have everything under control and seem pretty organised in your approach (as in your winning stuff) ...... so stick at it!! I do think there will be real fear (and all the suspect goings on...in the form of letters, media statements etc) until a test case actually goes through...... I think your post has been the first post on my threads for some time....... so I guess its always nice to get a reality check....... albeit in anticipation for my delayed action upon my return home!!! Atlantic

for me this whole bank charges issue has opened my eyes...... some of the stories on here are simply unbelievable - totally genuine but unbelievable - and we've all been sitting there meekly and mildly and letting them get away with it for years! One of the best stories spinging to mind is Sparkie vs RBoS - where he is prosecuting his bank with the aid of the fraud squad because they "made up" his loan application....!! Not a lot surprises me now with banks.............!

It might be nothing - but I sort of had the impression it was ok to go for credit cards for CCI, but not banks. It was a few months (back in February) that I last seriously looked into this - but at that time it just seemed it was an "acceptable" thing to go for with credit cards but not with banks - as in if you do go for it with banks their solicitors seemed to be very effective at heading people off. I did have a nasty feeling that my two credit card applications were gonna be headaches......

FC - I'm going to go over it in fine detail tommorow........ you're right - first glance doesn't look too promising, but then after reading it a little more I think that you can still go for CI, if 1. you're prepared to be flexible and 2. do quite a bit more reading up on how you apply it - but certainly under "mutuality" principle you won't get away with it.....

Thanks a lot for this FC - I will read have a more thorough read of it tommorow. I did put in section 8 (d) which is my way of giving flexibility to the decision over CI. This is the reason why I figured I'd post up my N1 and PoC now, some 3 weeks before I would issue it - just so I can get advice like yours...

good point................. but I at least thought they'd have some sanity in terms of self-preservation - but apparantly not!!

I have prepared a (very) early draft of particulars of claim for Capital One as am going away on family hols..... Any advice, help, and comments would be really welcome.... IN THE CENTRAL LONDON COUNTY COURT IN THE CASE BETWEEN: CLAIMANT Atlantic - and - DEFENDANT CAPITAL ONE BANK (EUROPE) PLC Legal Compliance Specialist, Trent House, Station Street, Nottingham. UK. NG2 3HX Particulars of Claim 1. The Claimant had a Capital One Bank (Europe) credit card account number XXXX-YYYY-HHHH-ZZZZ, opened on or around 1st February 2005 which will be referred to as “the Account” henceforth. 2. The Account is governed by the Defendant’s Personal Banking Terms and Conditions (“the contract”) 3. During the period in which “the Account” has been operating the Defendant has debited numerous charges to the Account in respect of purported breaches of contract in regards to “Overlimit Fee Charge”, “Late Payment Fee Charge”, etc.. on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 4. Schedules of the charges for “the Account” is attached to these particulars of claim as follows: Appendix 1 - Summary of Charges levied against Account number XXXX-YYYY-HHHH-ZZZZ Appendix 2 - Copies of the statement pages that itemize the charges and interest charged thereon for Account number XXXX-YYYY-HHHH-ZZZZ 5. The Claimant contends that: a) The charges debited to the Account: i) are punitive in nature; ii) are not a genuine pre-estimate of cost incurred by the Defendant; iii) exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; iv) are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) Further to 5(a), the charges debited to the Account are penalties rather than liquidated damages. A charge is held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable. c) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. d) In the alternative to 5(a), (b) and ©, if the Court finds that the charges are not a penalty, then the Claimant contends that they are unreasonable within the meaning of s.15 Supply of Goods and Services Act 1982 6. The Claimant will rely on the Competition Commission’s report entitled “Northern Irish Personal Banking,” published on 20th October, 2006, as evidence that the Defendant is aware that the income derived from its default charges is calculated to generate material profits and is not merely a means of recouping losses incurred in relation to Account defaults 7. The Claimant will further rely on the Office of Fair Trading’s (“the OFT”) statement of 5th April 2006 concerning default charges in credit card contracts, as the OFT’s recommendations regarding standard default terms in credit card contracts have wider implications, as regards bank current Account agreements. 8. Accordingly the Claimant claims: a) The return of the amounts debited between 1st April 2001 and 20th June 2007 in respect of £444.00 in charges and £120.48 in credit card overdraft interest applied against “the Account”. b) Compound interest on the said charges at the contractual rate of 30.00% of £201.83 c) Interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.41. d) In the alternative to points (b) and © above, interest under section 69 County Courts Act 1984 at the rate of 8% a year and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.12 e) Any applicable court costs; f) The statutory charge for making a section 7(1) Data Protection Act request in the sum of £10.00, as advised in the Claimant’s Data Protection Act request of 23 May 2007 9. Save payments into and/or determined by the Court, any sums paid in settlement of this claim are required to be made by cheque, which should be made payable to the Claimant. Statement of Truth Dated this 1 August 2007 I believe that the facts stated in these particulars of claim are true. Signed: Atlantic