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To claim or not to claim?


de1ia
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Hello

 

I was intending to start my claim against Nationwide through MCOL today, but in light of the OFT test case news I'm not so sure. I've read the sticky advising us to go ahead and keep issuing claims, but what's the reasoning behind that advice? I'm happy to go ahead, even if the case is hugely delayed, as long as I'll get my court fees back in the end. But is there a possibility that I could lose the court fee now? If the test case goes the banks' way then I know I would. However, could I be seen as being unreasonable starting a new case now when I know it will have to wait for the test case verdict, and could this lead to me losing my money? What's the worst that could happen, other than an outright ruling in the banks' favour? How likely is it that I'll lose my £30? It's not a lot of money I know, but I already have £100 tied up in court fees for two other cases and I don't want to throw good money after bad. What do people think?

 

Thanks,

Delia

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hi delia-i was due to file with lloyds today but my fee is £"50 for £6000 charges-same boat as you

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Thanks.

 

"If you have not yet issued a court claim do stick with your time table as before and issue a claim. If you do not issue a claim until after the test case, you may lose the right to claim some of the older charges under the Limitation Act. Your claim may well be stayed but at least you have your foot in the door and will therefore be at the front of the queue when it comes to payouts after a successful test case."

 

All the charges I'm claiming from Nationwide are fairly recent, so I needn't worry about the statute of limitations.

 

The trouble is I can't see the advantage of allowing a test case from the banks' point of view. If they think they'll win then they would have done this sooner. If they think they'll lose then where's the financial incentive for them? Is there a downside for customers that I'm not seeing? What do people think the likely outcome will be?

 

Does anyone think the courts could consider starting a claim now unreasonable behaviour?

 

Also, is there any pressing reason I'm not seeing to go ahead as soon as possible? I take the point about being at the front of the queue, but this particular account of mine isn't overdrawn, so isn't accruing interest, so there's no hurry. Having Statutory interest accruing in my favour would be nice, but not if there's a risk of losing my £30.

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keep the claim going,

Its in your best interest, the banks are trying every tactic they can, just think if everybody stopped their actions because of the test case and it takes say 2years before a judgement, who wins you? no! because you have been deprived of what is rightly yours for another 2 years when you could be havent a free christmas (although you have already paid for it 10 times over the last 6 years through the charges) REMEMBER THAT, and unless I am reading it wrong it is Unautherised overdrafts they are testing is'nt it? surely bank charges for Direct Debits etc are NOT overdrafts as they have been returned unpaid at a cost to us!!!!!

 

don't give in, you have the right, USE IT!!!

 

regards

chris

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