Bump any more opinions?

bump, can anyone reply?

just wondering in a nutshell what value on over 2 years of harassment and debt collection from a bank, they harassed someone who is vulnerable and unwell, were aware of this, told by doctor to stop over 2 years ago, they continued, on a mistake with claimants account that they created themselves. doctors evidence and harassment claim submitted and full details of everything including collections letters, phone calls, etc. the claim was submitted for 5k. they sent the claimant a settlement proposal of cancelling the 1k overdraft, and cancelling nearly 1k in charges (which are hotly disputed and have been shown to be wrongfully pursued for), and gagging the claimant, and preventing any further counterclaims or claims for this issue. also the claimants costs were not addressed, they're over 1 grand. could claimant come back with "it's not acceptable", and go for 1 grand in costs, 1 grand for personal injury, (it was a harassment PI claim), in addition to the 1 grand they're offering to cancel the overdraft and the charges that was in dispute, and to remove any default notices. would the judge back something like that? or are harassment PI claim payouts usually low, like 500-1000 quid? trying to value the claim based on your experience, i would be grateful for your advice.

hi there. i would be grateful if anyone could reply with any templates for putting a reasonable and fair proposal of settlement from claimant before court action against a bank/the defendant and tips/etiquette for dealing with them at this stage? some experience shared, would be very grateful. thanks.

how did you get on?

bump. please reply.

bump. replies gratefully received.

i have been reading about this here and there and i wanted to know if this is real. 1. termination of default notice in much less than 14 days, (dates of each correspondence), how viable is this for voiding terms and condition/agreement for writing off balance/removing default notices et cetera? 2. are there any case references to successful uses of this? 3. how would this be presented to the court in the POC? 4. how successful is the parliamentary legislation in this, and does anyone have a copy of this and anything else that can be used in the claim? 4. how agreeable are the judges to this? that's all i can think for now, thank you

hi there. charges part of claim was struck out. want to appeal it. (permission for leave to appeal, appeal then reinstate it into the claim), due to the fact that the charges are being disputed, & liability lays with the bank for misinforming the customer into making decisions that caused them to incur a substantial amount of charges. then, the usual harassment and nastiness, refusal to sort the situation out when they are liable. can anyone please advise: 1. any relevant sections of case law/terms and conditions that this breach could be supported by 2. any other cases where this has happened and claimant has won, references and on what basis. 3. any OFT information, data protection, parliament statutes for breaches of t&c's 4. i have original agreement if you want to look at that too. also any grounds to include for appealing it due to charges not simply being "unfair" and overruled by the OFT test case at supreme court but actual messing around by the bank causing these charges then not willing to put it right, just trying to get the charges situation struck out, would this breach they have caused fall under the charges part of a claim? i would think so.

I am doing some research, Martin. It is undeniably, definitely a good idea to share this information, it's great information! However, I was stating, that I am not adverse to a private message. But definitely, share the information. Have a good weekend and keep fighting on!

Just a note of thanks to rebel for this. The judgement on the british gas case gives some excellent background

Thank you for those rebel, they are certainly very relevant here. If anyone else has any case citations, then please share!

I find this very interesting because you raised the subject of putting in a new Particulars Of Claim. I would like to hear from anyone who is continuing with their claim for charges after the stay was removed.

Can anyone post up any case citations and examples/trial precedents for successful claims against banks in regards to harassment, particularly Halifax Plc, (now Halifax Bank of Scotland) and may include mistakes they have made or if you have been the victim be harassment. I am looking to collect as many as possible, if there is an online resource to find this, please also that would be ideal. If you have good knowledge of this area, you can also contact me via PM, I would be very grateful to hear from you. Many thanks.

wow that's dissapointing to read this. appeal?

i wouldn't get too upset about the fos decision. i think court action is your best course of action.

thread bookmarked! thank you for sharing.

can you make a complaint about how a case is handled once the case has been closed by the fos?

thank you for this, i will read your thread with interest.

the financial ombudsman were a dissapointment. i had a very clear case that judging by their emails to the bank from the DSAR, they supported, only to turn around and agree with the bank at the last minute!

hear hear! has it been reported anywhere else?