old barclays account

[barriejohn69]

Hi first post so please be gentle. About 5 years ago I went a bit mad and got into loads of debt with Barclays and Lloyds TSB. Both put CCJ's on me which I have cleared. Would I be able to claim back the bak charges on these or am I best letitng them lie? I think there must be a grand at least.

 

Any help would be appreciated. Natwest are next after charging me £38 for going £1.07 overdrawn from a DD which was due out on Monday but was taken on Saturday even though I put in a tenner Saturday to get me into credit.

[BankFodder]

As Dave has said, please read the FAQs and as much of the forum material that you can. This is a message to everyone

 

However, I don't think that there is much yet which deals with the problem of charges whre the bank has obtained CCJs against you.

 

Were the judgments obtained in respect of the charges which youwould now like to reclaim?

 

If the answer is yes then as far as we understand at the moment you will not be able to claim for a matter which has already been litigated.

That is to say, you can certianly try to ask the bank for your money. However, your only power against them is your threat of legal action and you lost this right when a judgment was given against you.

Frankly I think that it is very unfair if the charges were unlawful in the first place. our legal system is pretty good but it is a feature of our adversarila system that if you don't raise a point in court then no one else will do it for you.

 

Since the Woolf reforms of Civil Procedure, this is not so much the case and the judge is entitled to raise his ownpoints and his own concerns. How often this happens is not at all clear, though.

At them moment the answer may be no, that you cannot relitigate on a matter in which judgment has been handed down.

 

On the other hand you might be well advised to go and get a half hour free or reduced legal advice at an introductory interview with a solicitor and ask him this question. We would certianly like to know the answer.

[barriejohn69]

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group