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    • I managed  to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.   She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.   She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say".    I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file"    I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.   I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.   She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct.    So I'm kind of lost now in terms of what steps to take next.     In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.     Hi there   Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.   Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.   I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.   Thank you for clarifying the abbreviation.    Hi ,just to ask, would I still be subject to the 8 day reply thing,as he's not put a date on the letter,and would you have any idea why he did that.    Many thanks
    • Hi, I managed to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.   She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.   She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say".    I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file"    I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.   I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.   She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct.    So I'm kind of lost now in terms of what steps to take next.     In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.     Hi there   Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.   Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.   I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.   Thank you for clarifying the abbreviation. 
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Morning guys, i have just seen in this mornings Metro (yes i live in London and use the naff rail system) that Lloyds TSB have one a case and im really worried now, im just about to start my court action have filled out more court forms and was about to submit them to my local county court.

 

Maybe the old bottle is going by im now worried as i could shell out 120 quid and loose.

 

Any ideas, im and A & L customer so i guess maybe i shouldnt be worried but i just got fobbed off by them and now want them to know im serious.

Beowolf

 

The few, the proud, the chimps :-)

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Here is the full article from the "Metro" Without full details of the case it is difficult to comment on what went wrong, but I would not let this stop you from fighting on. Each case is judged on its merits and what I find interesting about the article is that it mentions that Mr Berwick refused to settle??? I wonder what the settlement was..

 

Perhaps someone from the CAG knows more about this case and would like to comment?????

 

 

Thousands of bank customers have suffered a legal setback in their fight to reclaim 'rip-off' charges.

The blow came in the first court case to test banks' rights to charge overdraft fees of up to £39.

Customer Kevin Berwick was told by a judge that there was no legal basis for his claim for nearly £2,000 in fees and interest from Lloyds TSB.

 

Campaigners fear the ruling could deter many other claimants from taking legal action. If it is confirmed by a higher court, it will set a precedent which leaves them with no recourse.

Banks have been under increasing pressure for charging excessive fees when clients go over their overdraft limits.

Critics say the charges bear no relation to the few pounds it costs to send a letter.

In most cases so far, banks have settled claims.

On Monday they were warned by another judge that they would also have to pay damages if they continued to prevaricate over claims.

But the judge in Birmingham yesterday threw out Mr Berwick's claim after he refused Lloyds TSB's offer to settle the case.

Mr Berwick, who was given leave to appeal, said: 'I was expecting to win as I made a good job of arguing my case.'

Marc Gander, of the Consumer Action Group, said the judge failed to consider that banks were acting illegally by disguising penalties as a fee for a service.

But he added: 'I would urge the hundreds of thousands of people who are making claims not to be disheartened.'

Lloyds TSB said: 'The court has agreed with us that these are charges for a service and not default or penalty fees as has been argued by others.'

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Marc Gander, of the Consumer Action Group, said the judge failed to consider that banks were acting illegally by disguising penalties as a fee for a service.

But he added: 'I would urge the hundreds of thousands of people who are making claims not to be disheartened.'

Lloyds TSB said: 'The court has agreed with us that these are charges for a service and not default or penalty fees as has been argued by others.'

 

What confuses me is the above quoted part. Are the banks disguising penalties as a fee generally, or was this just in their evidence? If the former then they are disguising a fee as a penalty not the other way around? The quote from Lloyds is confusing as they are charging penalties, literally, i.e. Mr Noseclean never gets charged as a fee and the banks have never positioned it like that formally have they?

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Yeh i guess it was the depressed faces on the train this morning all reading the front page of the metro, or maybe could have just been the the train was slow and rubbish as usual. Guys i made another post todo with MCOL could do with some help there, sorry to X post. :-)

Beowolf

 

The few, the proud, the chimps :-)

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HSBC have been calling their penalties "service charges" for about a year or so.

 

This really is a storm in a teacup!

 

It certainly is.

 

Still, how can a bank say that when it selectively discriminates between customers taking the same products...

 

C'est la vie!

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I think there's a geat possibility that there was no discrimination at all... because we don't have the details of either's defence - so how can we possibly judge?

 

If you read about two people being tried for murder and one got off and the other didn't, you'd think that was unfair wouldn't you? Until you find out that one was committed by an armed thief, and the other was committed by a woman whose violent husband was about to knife her death.

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If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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I am talking in general terms, not specifically related to this case. I.e. surely commonsense dictates that no bank can make an argument that it's fees issued for exceeding overdraft limits are service charges levied to all customers when they only levy them when an overdraft is exceeded.

 

Of course, if the banks are saying the service charge is for notification rather than penalty, then that is perhaps the answer I was originally looking for and it is a case of terminology rather than anything else I thought it might be.

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Not with you - first you say that the banks argue that their fee/service/charge/penalty...whatever... are levied to all customers when they exceed their overdraft, then you say they only levy them when overdraft is exceeded.

 

Well isn't that the same thing? When else would they levy an "exceeded overdraft" charge?

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Angel,

 

An "Exceeded Overdraft" charge is I believe levied when the bank does honour the unsupported cheque. The other charge is levied when the bank bounces the cheque.

 

Quite a big difference. The second case has cost the bank nothing beyond the IT cost of automated bouncing, some say £3.

 

The first case involved bank staff time to manually consider their options, and paying the cheque has potentially committed the bank to a potential unsecured bad debt, i.e. it cost the bank more than the second case. This is the scenario with more claim to being a service charge.

 

 

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