ron14673 vrs HBOS

[ron14673]

Hi Folks

 

Been on other sites not connected with recovery of charges. I have a question which you may be able to help with.

 

I have just received 6years statements from HBOS and calculated the amount of bank charges applied to my account. They are above the £5000 limit for County Court. My question is can I split them and make two claims to keep them within that limit?

[Rooster-UK]

Hi Ron.

 

Yes.

But don't put both claims in at the same time because if seen together the courts will probably combine them. Wait until the first one is settled before claiming the second one.

 

For more information, spend a few days reading the FAQs and the step by step guide in the library section.

 

Good luck.

Regards, Rooster.

[dx100uk]

i've just done a search for you

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=645159

 

these threads will give you something to read:smile:

 

welcome along

 

dx100uk:grin:

[Glenn UK]

yes you can, however there is a theoretical risk of you being branded a vexatious litigant and your second or subsequent claims being struck out.

 

Mind you i haven't heard of any body suffering that fate so I'm sure its fine.

 

Glenn

[ron14673]

Hi Folks

 

One would suggest that to be branded a vexatuos litigate, you would have to make several unwarranted and false claims. As my claim or that of any person owed monies by any bank or building society which has levied unlawful and punative charges is fair and lawful then surely I or any other litigate can hardly be described thus.

 

Ron

[Michael Browne]

One would suggest that to be branded a vexatuos litigate, you would have to make several unwarranted and false claims. As my claim or that of any person owed monies by any bank or building society which has levied unlawful and punative charges is fair and lawful then surely I or any other litigate can hardly be described thus.

 

Although to my knowledge, it hasn't yet happened in England, it has in Scotland

 

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

[Glenn UK]

Hi Folks

 

One would suggest that to be branded a vexatious litigate, you would have to make several unwarranted and false claims. As my claim or that of any person owed monies by any bank or building society which has levied unlawful and punitive charges is fair and lawful then surely I or any other litigate can hardly be described thus.

 

Ron

 

 

As a claimant, in principle you are expected to bring a single claim to resolve any outstanding issues. If you bring one claim and then suffer further charges then this wouldn't be the same.

 

However, breaking a large claim down simply to keep it in small claims court does run this risk.

 

If you have £10ks worth of charges and break it into 2 x £5K lots the bank could have your second claim struck out on the basis of abuse of process and the fact you should have made a single claim.

 

Although in the Pearl book recommended by this site, it suggests something along the lines of keeping claims below the £5k threshold isn't grounds for being branded unreasonable, what she doesn't say is that you can split large claims into several lumps to achieve the same objective.

 

I haven't heard of anyone being put in this position, but it is a theoretical possibility.

 

Whether the defendant would ask you were put on the vexatious litigator register or not is of course open to debate, they could however ask for second and subsequent claims being struck out simply on abuse of process.

 

JMHO

 

Glenn

[ron14673]

Hi Folks

 

If the charges are an on going problem and being punative in nature then surely applying for the return of other charges would not make us vexatious litgators as the banks continue to act in a vexatious manner themselves?

 

Ron

[Advoc8]

There's a difference between splitting up a historical claim to bring it under £5K (could possibly lead to a claim that you're abusing the process) and starting a later claim based on new charges imposed after an older claim is in the system - the latter could not be questioned.

 

Have a good look at threads on larger claims. Although you're open to higher costs if you go to court and lose there is a possibility that you'll get an earlier full settlement because of the more rigorous disclosure process required for fast track claims. This disclosure process would force the bank into revealing the costs of its charges.

[Glenn UK]

post No. 7

 

As a claimant, in principle you are expected to bring a single claim to resolve any outstanding issues. If you bring one claim and then suffer further charges then this wouldn't be the same.

 

As Advoc says

 

Glenn

[JodiSte]

My bank (Lloyds) has paid me £750 which is the amount I have claimed for.

But in the meantime they have charged me again over £500 on fees and overdraft charges.

What do I have to do? Do I start again?

Also they paid the money into the account and never offered me a cheque.

Any advice would be great.

 

Thanks

[Advoc8]

You start again with the new charges. If they're refunding you and but account's overdrawn they can offset one against the other.

[JodiSte]

Please check this quote from Lloyds Bank:

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them.

 

Is this a final offer?

[Advoc8]

Did the letter actually offer you anything? If so how exactly was it termed - gesture of good will, offer of full and final settlement or something else? That's important to know as it dictates how you proceed.

 

If the letter didn't actually offer you anything it's not a final offer as such, it's a 'go away' letter. You do not have to refer anything to the financial ombudsment, you can take court action if what you've had back is not the full amount you're claiming.

[Glenn UK]

it can only relate to the claim in hand.

 

if they continue to act unlawfully then you can claim, you cannot sign away your future rights to sue then and they know it.

 

glenn

[JodiSte]

That is the full letter:

 

Thank you for getting in touch with us again. I am sorry you are still unhappy about your account charges.

 

We've already explained that we believe it is fair to charge you for extra services you've requested, as long as you know about the charges in advance. When you didn't have enough in your account to cover a payment you'd asked us to make, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree it. We feel it's only fair to charge for our services in considering and implementing this.

 

It's easy to keep a running check on how much is in your account. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches. There's no charge at all for this.

 

Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to reduce the charges by repaying you £720. In addition to this sum we have waived £30 of pending charges due on your account. You may have read that we and other banks are discussing overdraft charges with the Office of Fair Trading. Meanwhile we do consider each customer's position individually, and we are making you this offer as a gesture of goodwill because we might face that cost in dealing with your complaint if you took it any further.

 

I need to let you know that this does not mean we consider we have any legal obligation to do so. The sum of £720 will be credited to your account in the next few days.

 

As I've explained, these charges are avoidable and we would strongly urge you to keep within the limit you've agreed with us or to ask us now to see if we could increase it for you.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them.

 

Yours sincerely

 

Robert Cameron

Customer Services Officer

[Advoc8]

Thank you, that's fine, if your claim was £750 and you've got it all back you need do nothing other than get started on the next claim!

[JodiSte]

Thanks for that.

 

I assume that means going back letter 1?

 

Or is there another letter I can use?

[Advoc8]

Back to step 1 I'm afraid. It's a bit of a dance but that's the way it's done.

[livelylad]

Title changed and thread moved to HBOS

[latisha]

The HAlifax have quoted up to eight weeks for them to investigate my complaint, is that now the norm!!!!!!!!!!!

[hannah8686]

the banks always will set their +own timescales. 8 week is what the financial ombudsman say they have to investigate complaints before they can intervine.

 

You need to ignore there timescales and stick to your own that you have set

[latisha]

Ok, thanks for that. It just all seems a bit scary me verus Goliath, bring it on!!!!

[ron14673]

Hi Folks

 

I also got the eight week letter but still sent off the letter warning of court action against them. gave them 14 days to give me my money back. Letter delivered to branch by hand, will be on the steps of the court 9am 14 days from the letter.

 

I will not be bullied by some faceless clerk, who employs stalling tactics. Actually looking forward to setting the bailiffs on them and taking computers etc from their branches. That should be fun, but they will probably pay up as they do not want the bad publicity. hey that gives me an idea will take the local press with me, fun or what.

[lang87]

hi

not sure who this is going to or if i am doing it right lol ,yes first time here ,how do i start a thread or post to say hi and to ask for help

?????