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banks refusing to pay out, but still charging people !!!!!


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hi

 

apologies if there is another thread about this already but im still all new to this!!!

 

basically what my point is...the banks are refusing to pay out bank charges that people are claiming for. They say this is due to the test case which is currently going on. The test case is there to prove whether the charges the banks imply are actually legal or not. So if the banks are refusing to pay out, why are they still charging people on there accounts??!!??

 

in my opinion, if the charges are being investigated because they may be illegal, and all claims put on hold, then all charges the banks want to imply must also be put on hold!!!

 

It seems like one rule for the banks and another for the public. I would like to know if i have a leg to stand on if i refuse to pay the charges? and also any extra information on how to deal with this problem?

 

im getting very tired of being fobbed off by the banks, we give them deadlines and they miss them willy nilly. The banks give us deadlines and if we miss those were hit with another set off charges.....ggrrrrrrr

 

thanx to everyone

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personally i don't see how u can refuse as they deduct them from ur account automatically

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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well this is my point...do they have any right to still be charging us? if they dont, how do i go about not payin the charges...

 

i could just take all cash out of the account, the charges would then add up, how do i get out of that?

 

the banks seem to get out of payin us, i just want to find a loophole so we can get out of paying them !!!

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Yeah, I know what ur saying, most ppl, including myself are in the exact same position. I know where stay applications have been put in, it's been asked that as a condition of the stay remaining in place that the banks are not allowed to continue mounting up the charges. Not sure if anyone has been successful with that part yet...I'm just waiting to hear back atm.

 

The problem with removing the cash and letting the charges mount up is that as time goes by, the amount of cash that you're able to withdraw will become less and less.

 

Unless anyone like JW, FL, Lattie or Pete has another suggestion, not really sure how you could proceed there, apart from filing a claim if you haven't already done so. Then when it gets stayed, go the route of applying for it's removal or in the alternative denying the banks the opportunity to add on further charges. It's not a quick fix I know but the only thing I can think of at this moment in time.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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To my knowledge there is only one Judge (at Luton County Court) that has specified that the banks must not charge any 'Penalty ' charges until the OFT test case is resolved .......

 

In both cases this was directed at Barclays Bank. However, there is no harm in asking if a stay is kept in place.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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the banks are just doing what they've been doing for a long time - putting charges onto accounts. and the court case isn't actually deciding the legality of the charges - it is only to determine whether the use of the unfair trade in consumer contract regulations (UTCCR 1999) on which we base the claim is in fact a legitimate basis (ie, are the charges really unfair)

now all that sounds like gobbledegook to me - but what it means is that the oft has said the banks can stop dealing with the claims for a time until the case is heard. so, nothing mentioned by anyone about them stopping charging - so they keep charging.

as jm mentioned - in two cases the judge has ruled that the case is stayed but because of hardship- the banks can't keep putting charges on - they are stopped until the oft case is heard and the stay on their case is lifted.

here is an article which will explain the underlying problem - money!

One million claims on hold!!! Reuters report on U Switch research 05/07/09

the sums they are talking are huge!

 

but until the case is heard - the returning of charges is on hold.

your best bet is to follow the original plan to get your charges back - following the step by steps and then you will be well placed if the case goes the way we hope - but there#s no denying it will be a wait.

you can keep adding charges onto your list right up until you file your claim with the court and even after that - keep a list as you may be able to add newer ones.

this is some advice given earlier by one of the moderators:

OFT Test claim: What this means for you

 

 

 

about two years ago now - no one had heard of reclaiming bank charges - some guys got the idea - and figured a way to do it. it is possible that that path is going to be closed - so maybe some really bright sparks out there should start working on a different approach for getting these charges back; basing it on different points of law alltogether. it could be the beginning of a whole new reclaiming effort.

 

sorry i can't be of more help - but the banks will keep on charging - calling them different names but making money for their shareholders is paramount to them - so they will keep on charging one way or another.

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Indeed Latty, they will continue.

It is imperative that the judge is asked to consider, as you have said, that if the case is to be stayed, then at least "stay" the charges, thats fair. However this is not a fair game, money talks I am afraid.

It is a waiting game for us all, and it is a difficult wait. We have been seriously let down by the OFT.

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I think I said somewhere before Crusher, they should be done under their own Trades Descriptions Act - 'Office of FAIR Trading' - there's nothing FAIR about this........:mad: . They're letting down the very people they are in existence to protect. It's shameful, but where do you go to get them sorted out? :confused:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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What I have done is opened an account with another bank and moved all of my everyday finances away from HSBC. this has left my HSBC current account accumulating charges but less than the claim I have against them plus any new charges since the claim was submitted so HSBC owe me more than I owe them.

 

See the letters in posts 213, 314 and 319 of my thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

I'm not saying this is right or wrong but seems to be the only equitable way out of this stupid situation.

 

pete

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