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What to do now- reclaiming Halifax bank charges.

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i am trying to reclaim charges from halifax totaling £458 before interest. It is an account i have now closed (18 months ago). I have so far requested all copies of bank statements which have been recieved and just recently sent my 1st letter requesting they pay me the charges recieved my reply today saying they dont feel the charges are unlawful and ra de ra and the complaint will be put on hold until the test case is finished,

 

My question is do i sit and wait for the test case to finish or do i submit my claim to court now so that it will automatically be processed once the test case is over. I dont believe i fit the criteria for hardship.

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You submit the claim now


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i am trying to reclaim charges from halifax totaling £458 before interest. It is an account i have now closed (18 months ago). I have so far requested all copies of bank statements which have been recieved and just recently sent my 1st letter requesting they pay me the charges recieved my reply today saying they dont feel the charges are unlawful and ra de ra and the complaint will be put on hold until the test case is finished,

 

My question is do i sit and wait for the test case to finish or do i submit my claim to court now so that it will automatically be processed once the test case is over. I dont believe i fit the criteria for hardship.

 

Under the FSA waiver on bank charges you will be paid out on the conclusion of the OFT test case issues. You can file at court which is kinda the same thing if you want to do.

There is no evidence that not filing will not get you 8% statutory interest since the FOS regularly award that on missold PPI.

It's your claim so it's your decision.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ok, thank you very much

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There is absolutely no suggestion that the FSA repayment scheme will inlude 8% interest.

The only way to be certain is to begin your claim in court and do it now. Furthermore, you may want to consider claiming resitutionary damages as well as 8% in the alternative.


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There is absolutely no suggestion that the FSA repayment scheme will inlude 8% interest.

On PPI cases it is 8% which is what a court would give. In constructing the waiver there was these elements of compensatory amounts, limitations act and such like to make sure that it was clear that if the banks lost that whether a claimant went to court or otherwise that they would be entitled to a refund and what is reasonable is the same should that claimant go to court which is 8% s,69 interest.

The only way to be certain is to begin your claim in court and do it now.

I would only agree with you on court claims if the individual is on benefits and is exempt from fees using a form EX150.

Furthermore, you may want to consider claiming resitutionary damages as well as 8% in the alternative.

 

There is no certainty that there will be restitutionary damages either which Crow., QC stated on the last day of the HoL appeal whilst dealing with the banks' submission.

 

 

Here is his quote for you:

Crowe, QC, House of Lords Appeal, 25th June 2009

"In this context, the banks are slightly coy about

the potential consequences of any finding that the

relevant charges are unfair. They rightly say in

paragraph 4 of their case that the stated effect of

regulation 8 is that the relevant terms would not be

binding. However, that leaves unanswered the question

whether the banks would be required to reimburse the

full amount of the relevant charges to their customers."

The reason why it leaves it unanswered is explained

in the footnote:

"Because where a provision of community law renders

a contract unenforceable, the consequence is a matter

for the domestic courts."

So the domestic courts are going to have to sort out the answer to the question as to what the consequences

of the effect of regulation 8 are."

 

I think we are kinda leaping much further ahead on restitutionary damages, which I assume we are looking at Blake for case law, is that right?

And is the case in the case law bit of the forum?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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