mac12

does anyone know what happens next i have filed a claim with the county courts for my bank charges back (after writing to the bank first and getting no reply). so i gave the court all the info (bank statements etc)and registered the claim and the bank had 2 weeks to respond to the courts letter.
anyway they have not responded,so i have took the forms back to the county court to say they have not responded.
the court confimed they hadnt responded within the time limit of 2 weeks, so my question is do i get awarded all the charges back now.
as the bank has not admitted,partly admitted or denied the claim it has just ignored the courts letter.

EddScott

Wait until the end of the day before you do anything else.

High courts deciding today whether bank charges are illegal or nor. Any claim in the system won't carry on if the courts side with the banks.

OllyK

The case is going to the HC today but I understand it could be the end of the year before there is a ruling. Any claims you make now will be put on hold pending that ruling. If the court rules against the banks, the claim will then be processed, if not, it will be filed in the bin and the banks will no doubt be off claiming back the refunds they have already made!

mac12

the bank had up to thursday 26/07/07 to respond to the courts letter so hopefully it will not be suspended as the banks have gone to court today 27/07/07.
the thing i wanted to know was regardless if it was bank charges or something separate if the defendant doesnt respond within 2 weeks is the case automatically awarded to the claimant.

Chrisgr31

I think you will find the whole thing is on hold pednding the outcome of todays case, although its not actually todays case! The hearing is actually due towards the end of the year.

paul-s

yep the above is true - i work in complaints for a bank and we had an update from the FOS saying they were not investigating any further complaints about bank charges until the outcome of a 'test case' being taken to the high court. Courts are expected to follow suit and the FSA has also said banks dont have to provide a response either.

All that will happen until the 'test case' takes place is you will (or should) receive time to time updates as your complaint/court case will be pending.

I personally think that those who have got all their charges back have done well and also you were more likely to get them from going to the FOS not through court. Also once the high court have reached a verdict following a case being brought to them it may well be that a 'reasonable' level of charge is determined, meaning any further complainants will only be entitled to a refund to the difference between what they paid and this amount. I.e. not every penny back. IMHO of course.

NotoriousREV

Wow, I was lucky. Got a letter on Wednesday with a cheque for £750 (I was claiming £850).

wrx-kris

RESULT!

RBS must owe the missus £2k at least

Hanley

How many times do you guys go overdrawn to rack up these charges??

MJW

This test case is going to have serious repercussions whichever way it goes.
Basically the Office of Fair Trading, a government organisation is filing a test case against the banks. This gives the 'cartel' of banks involved namely HSBC, Lloyds TSB, Royal Bank of Scotland and Nationwide a lot of time to get a very comprehensive defence together at no expense spared. It has given them the opportunity to freeze every pending case and save hundreds of thousands in pre-hearing payouts and individual delaying tactics.
If the ruling goes against the banks, then they will have to seek profits elsewhere, possibly even diverting money out of the country or increasing other charges to UK customers. So it will be interesting to see if the OFT bends to the banks' will under this financial pressure, or fights for the supposed oppressed masses.
Maybe we should have a sweepstake on this thread ?

mac12

everybody knows bank charges ranging from £25 o £35 are disproportionate and a more accurate sum has been calculated by the oft to be in the region of £2.
on the plus side claimants will be able to claim back intrest on the amounts owed.
the point i dont understand is if someone is given 2 weeks to reply to a courts letter regardless if its a bank or your next door neighbour you are taking to court then what are the consequences for not complying.
or do banks get special treatment and are allowed to do what they want.
anyway i will update with anymore information i receive.
no more shareholders bubbly on me fatcats