Bank Charges - Any News

[lovejoy]

Hi all,

Does anyone know when the new templates for claiming charges refunds are likely to be ready?

[srfrench]

I'm still awaiting information myself following a query after receiving notification that the OFT are to take it on rather than all of us peeps individually.

 

Still awaiting confirmation but all in it makes sense if the OFT carries on but with the input from all consumer groups such as CAG, L seagulls, MSE etc etc

 

Stay tuned as I feel this week it will all be made clearer.

[Night Owl]

Hi lovejoy,

Have you started a claim through the courts?

Do you have a claim stayed?

Check the instructions of your stay, is there a date for further instructions to be made?

 

Follow this thread for further discussion.

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-h-o-l-test.html

 

and this

Bank Charges Reclaiming: Fight unfair charges, updated after Supreme Court ruling...

 

Everyone is working very hard on this.

Still waiting for update from the OFT.

 

Good luck

[sea-sidelady]

Keep checking in, as every one will know as soon as they are ready

[Bigdebtor]

I'm still awaiting information myself following a query after receiving notification that the OFT are to take it on rather than all of us peeps individually.

 

Still awaiting confirmation but all in it makes sense if the OFT carries on but with the input from all consumer groups such as CAG, L seagulls, MSE etc etc

 

Stay tuned as I feel this week it will all be made clearer.

 

Personally I think if OFT had just stayed out of the unfair charges cases altogether we would probably have all been paid out by the Banks already as there would have been no stay on cases being heard (or settled out of court as they all were up until then) - and the new "fairer" terms brought in by LloydsTSB/HBOS and RBS would have come in much earlier. I think we should all get new claims in ASAP as soon as a template is ready - and possibly get a small claims action heard (or settled out of court) ahead of more interference from OFT.

 

BD

[pmahonc]

There is some news on moneysavingexpert, apparently they are holding off releasing the templates, in the hope that the OFT will take up the case.

[Bigdebtor]

There is some news on moneysavingexpert, apparently they are holding off releasing the templates, in the hope that the OFT will take up the case.

 

A triumph of hope over experience! Why do they think the OFT will do any better next time? The banks were on the ropes and they let them off in the Supreme Court by not getting a wider range of issues considered - which could not have been appealed further - there and then.

 

Look at how many barristers - and QC's - the banks fielded compared to OFT!

 

BD

[yourbank]

A triumph of hope over experience! Why do they think the OFT will do any better next time? The banks were on the ropes and they let them off in the Supreme Court by not getting a wider range of issues considered - which could not have been appealed further - there and then.

 

Look at how many barristers - and QC's - the banks fielded compared to OFT!

 

BD

 

The OFT have been dealing with consumer groups including MSE, LB and PC and no doubt, if CAG can sort out their conference call with the OFT, they can put their views forward. Each site have given their views on various different legal approaches that could be used and so most groups agree on the OFT taking the case forward.

The banks fielded lots of QC's and the OFT fielded 2 in the whole case. The OFT won twice and the bank won the third one but not entirely a convincing win.

[lovejoy]

Hi lovejoy,

Have you started a claim through the courts?

Do you have a claim stayed?

Check the instructions of your stay, is there a date for further instructions to be made?

 

Follow this thread for further discussion.

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-h-o-l-test.html

 

and this

Bank Charges Reclaiming: Fight unfair charges, updated after Supreme Court ruling...

 

Everyone is working very hard on this.

Still waiting for update from the OFT.

 

Good luck

 

Sorted mine out a couple of years ago, but was just about to start a new one against Barclays for my wife.

 

Personally I'm not exactly thrilled at the news that the OFT may be getting involved again.

I would much rather do it myself.

[Bigdebtor]

Personally I'm not exactly thrilled at the news that the OFT may be getting involved again.

I would much rather do it myself.

 

Lovejoy I totally agree! I don't think salaried civil servants can be trusted with OUR money!

 

BD

[GLoyal]

I have a deadline of today to contact the bank with regards my overdraft.

Should I ask them to consolidate my overdrafts and arrange a repayment plan on this untill such time that my charges are refunded or refused.

 

Overdraft £3.8K

Bank Charges £7.5K

 

I don't want all the DCA letters again.

 

I will reclaim them with the new process but just want to stave off the vultures.

 

Thanks

[Bigdebtor]

GL

 

Provided you are not signing any waiver over the legality of the charges stolen from you I don't think you have anything to lose - just make sure your repayments are affordable so you don't default on them and they call inthe whole loan. Are they looking to secure it on your house? If so be careful - although you might be able to claim undue duress later if you get into any repayment problems.

 

BD

[GLoyal]

They sent £1600 on one account to Wescot, then the rest they offered me 40% off if I pay by the 15th.

 

See my DCA thread.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236617-wescott.html

 

 

I just want to keep the OD debt away from DCA's.

No securing on the house, that 40% offer letter was the first they have spoke to me since the FOS got involved and agreed to wait untill the Supreme court decision.

[Bigdebtor]

I replied on your other thread.

[GLoyal]

Surprising conversation last night.

 

Called the bank, or Blair, Oliver and Scott as it turned out to be. I spoke to the adviser there and explained that I had sent a letter to Wescot informing them not to contact me and return the account to the Bank of Scotland as it was still under dispute. I also informed her that I had sent in a letter asking for both accounts to be consolidated and an offer to repay £50 a month had been made but not responded to.

 

She advised me that since I had went through to the FOS and raised a complaint that both accounts were on hold and there would be no interest or charges incurred on these accounts. She also said that the department was taking around 2 weeks to respond to letters and that there would probably be no action on either account till the new year.

I explained that I would be waiting till the OFT decide to act or not and see where to take it from there. She was extremely helpfull and in no way threatening, she even shared the joke when I suggested that due to her helpfullness she DID deserve her bonus this year.

 

Gives me some respite over Christmas and hopefully we will see some action by the OFT. I will not hold my breath though.

 

I hope anyone who is feeling threatened or under more pressure at this time can have the same relief. I'm not suggesting it's over now, and I expect more of a fight once the new claim hits their in-tray, only that the amount of pressure that has been lifted at this time of the year was well worth the phone call.

[Bigdebtor]

GL

 

Glad it went well. Anyone else notice how Blame Orrible Swots have the same initials as BOS? Are they actually a solicitor firm or just in-house heavies?

 

BD

[GLoyal]

GL

 

Glad it went well. Anyone else notice how Blame Orrible Swots have the same initials as BOS? Are they actually a solicitor firm or just in-house heavies?

 

BD

 

 

In house heavies. The lady even said the debt being chased by Wescot was still with the Bank of Scotland, Wescot were only chasing on a third party basis.

 

It's not over, but the pressure has eased for now. Thanks for everyones help by the way, it's greatly appreciated. At times you get grief from the DCA, grief from the Bank, grief from your other half. It's good to know there are people who know the system and are willing to help.

[IainHL]

I had read the MSE update before looking in CAG today. Personally I am inclined to agree with bigdebtor, and feel that rather than let the OFT make a mess of things again it would be better if we all individually submitted claims to the courts. OK the banks may be able to field the odd barrister up against a small percentage of claimants, who may struggle to win the argument in such circumstances, but I feel a very high proportion of us would get our charges back.

 

I think the caveat here is as long as the claim is under £5,000 and hence in the Small Claims track, which means the individual wouldn't be liable for the banks costs if they lost? Is this correct, perhaps someone can confirm that?

[Bigdebtor]

IainHL

 

I think you're right in all respects. I find it very frustrating that we can't get a new template from CAG or MSE and swamp the Banks with these then take the case to Small Claims if they dare to contest it.

 

I just missed out in getting my unfair charges back before the OFT's intervention in 2007 - and don't want the same to happen again.

 

I tried using FOS to get them back during the FSA stay - but they sided with the banks - "wait and see outcome of case" - and effectively said "not the Bank's fault if you starve in the meantime!"

 

BD

[suzieblooz]

I got a letter from the FOS today telling me that the OFT had lost the case and they were unable to take my complaint any further, so I won't be getting my charges back. So, can I now go to court, or has the fact the ombudsman has made a decision on my account mean that I can't take any further action?

[GLoyal]

The FOS are as much use as a chocolate teapot.

They are more concerned with getting the complaint off their records and were unwilling to challenge the banks.

 

They even sent me a 'cut and paste' letter regarding a different bank

 

Technically they may be unable to progress your complaint, but I suspect it's just another template they have to clear out their in-tray.

 

The swiftest response I got from the FOS was when I highlighted their pathetic cut and paste reply and suggested that the procedures were inadequate and I would like my complaint to be addressed as an individual matter rather than as part of a mailing list.

 

Many personal phone calls and emails directly from an adviser ensued. They never done anything else about it, but at least someone had a look.

[Bigdebtor]

I got a letter from the FOS today telling me that the OFT had lost the case and they were unable to take my complaint any further, so I won't be getting my charges back. So, can I now go to court, or has the fact the ombudsman has made a decision on my account mean that I can't take any further action?

 

Suzie

 

Can you post up the letter? I think they may have misled you - and that is worth a complaint (to your MP?) in itself. To summarise the very long judgement in a few words is at best irresponsible - if not downright devious.

 

The head judge actually said he was not saying the bank charges were fair - just the OFT had screwed up by arguing on such a narrow point of law - albeit out-manoevered into doing that by the Bank's milionaire QC's.

 

BD

[suzieblooz]

Will post it up when my son shows me how . The FOS got back my charges from one account (pretty hassle free I have to say) before the waiver. I know they are talking a load of bowlarks. I'm quite prepared to take it to court but I'm sure I read somewhere that either:

*If you've lost in court then you can't go to the ombudsman OR

*If the ombudsman has ruled against you the you can't go to court.

Only trouble is I can't remember which one is the right one, but hoping it is the first one as I ain't writing off two and a half grand without a fight.

[srfrench]

I'm pretty sure it's the former Suze. The FOS isn't a legal body, therefore ANY decision they rule on isn't enforceable in Law. Only a Court can do that....

[suzieblooz]

Cheers for that srfrench. I'll just bide ma time until we get a clearer idea of how to approach the court route.