Are counterclaims for charges stayed at the moment ?

[scorterooney]

Just a quicky - i owe bank 1k in overdraft charges - they owe me over 5k in charges - at this point i have gone no further than issuing bank with LBA.

 

If they take me to court for there 1 k and i counterclaim with the 5k will it get stayed due to the OFT case or would it go through ?

 

Thanks, scort

[yourbank]

I think that you need to counterclaim for the amount owed in charges and I suspect the bank would then apply or it would automatically be stayed. Have you look at the hardship root and do you believe yourself to be in financial hardship?

[scorterooney]

I think that you need to counterclaim for the amount owed in charges and I suspect the bank would then apply or it would automatically be stayed. Have you look at the hardship root and do you believe yourself to be in financial hardship?

 

Hi nope i wouldnt imagine im classed as a hardship route and my intention at the mo is just to issue thm with a letter stating what they owe me and how it vastly offsets what i allegedl owe them. Therefore it may be wise of them to write of the alleged 1k ish debt or take me to court and ill counterclaim.

[yourbank]

Hi nope i wouldnt imagine im classed as a hardship route and my intention at the mo is just to issue thm with a letter stating what they owe me and how it vastly offsets what i allegedl owe them. Therefore it may be wise of them to write of the alleged 1k ish debt or take me to court and ill counterclaim.

I still think you should put in a claim. Remember, they shouldn't take you to court if they have acknowledged that.

I don't think you can use that leverage to write the debt off(they do owe you £4000.00 )

[scorterooney]

HI, thanks for the reply,

 

Thing is , and granted i may be VERY wrong in my thinking here lol, If I put in a claim in against them for all my bank charges it will get stayed by the court and leave me having to pay the court costs on a claim for around 5.5k + interest etc - ie, a lot of issuing cost ?

 

All it would achieve in the short term is that they cannot chase me or take me to court for the 1.1k in overdraft they say i owe.

 

Thats all good and well but it leaves it in limbo situation with possibly no chance of an outcome for at least another 12 months +

 

In regards to them chasing me for the money - im not bothered in teh slightest and if they come knowcking i will send them away.

 

However from what i understand, if they decide the only action for them to take is Court action to get this 1.1k back that leaves me the option of counterclaiming with the charges and then ive got it to court without spending on court fees and with the possibility of them backing down.

 

If im wrong in this assumption or if you think my arguement os wrong then let me know lol.

 

as a bit of history - i sent the LBA to lloyds in oct 2006 with charges going back to 2001. Obviously at THIS point i would only be able to claim back till 2003 - so any problems there - if continue should i just carry on my original claim with all new charges or should i start a new one ?

 

Not 100% decided on which way ill go at the mo but trying to explore avenues etc

 

Thanks, Dave

[havinastella]

Hi Dave,

 

I was under the impression that if the bank started the Court process you are within your rights to instruct the Judge to have the case heard

 

So, you'd want the bank to take you to court.

 

As for not claiming further back than 2003, I'd say put them in the claim. You have nothing to lose. Statue of Limitations start from when you become aware that the charges were unfair.

 

 

Jogs

[scorterooney]

Cheers havinastella,

 

Thats what i thought, in which case i think ill try for a take me to the court type letter

[dundeelaw]

I agree with the fellow members in this thread.

 

If the bank starts, the claim and you counterclaim, then the bank would either have to deny the claim (and attend court) or acknowledge the debt and pay you.

 

They cannot have it stayed (sisted in scotland) as they were the original claimant/pursuer. They may try, but the judge would almost certainly deny it since they brought the case.

 

I'd say go for it. That is what I am waiting for my bank to do, then that way, my case will be heard.

 

Good Luck with whatever you do.

[scorterooney]

Cheers everyone soo far for your replies.

 

Would it also be a fair assumption to make that should a claim like this successfully get to the court stage the bank would more than likely back out.

 

Reason im thinking this is obviously one of the things they would have to answer to successfully win would be how they make up the charges etc - which if my thinking is correct is one of the points that they are arguing with the OFT therfore if they answered aid question or it was found in my favour in court it may effect anything they may say or do re the OFT case ?

 

Just a thought.

 

Scort

[williamzz]

"Would it also be a fair assumption to make that should a claim like this successfully get to the court stage the bank would more than likely back out."

 

 

This is the point I was trying to make here:

 

 

http://www.consumeractiongroup.co.uk/forum/general/185242-what-about-new-tactic.html

 

Please take a look and express your thoughts.