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A number of claimants who have been facing having their previously stayed claims for a refund of unfair bank charges struck out by the court have succeeded in being allowed to amend their claims to include additional arguments which will put the onus of proof on the banks.
Claimants against Lloyds, HBOS, Nationwide, BOS and Yorkshire banks have been granted permission to enter their revised claims over the next few weeks. Some have already entered revised claims and recieved defences from the banks and are waiting for full hearings.
The Banks have been writing to the courts asking them to strike out any claims involving bank charges on the basis that their is no longer a claim following the Supreme Court's judgment in November 2009 that the OFT is unable to assess charges on the level of the charge under the Unfair Terms in Consumer Contracts Regulations (UTCCR)
However the Supreme Court judges strongly indicated that the door was still open to consumers to bring claims before the courts under a different regulation of the UTCCR. Consumer groups also feel there are arguments available under section 140 of the Consumer Credit Act, although these are more limited in scope.
Banks have acted quickly in asking courts to strike out claims and have been successful in hundreds of cases. However these cases are where the claimants have decided not to continue, or have no turned up to court hearings where the Judge was making a decision on the future of the case. Other claimants have succeeded in being allowed to continue - most of these have entered full witness statements explaining why the judgment doesn't rule out their claims and have attended hearings in the small claims court, often up against top solicitors and barristers.
Consumers who have claims in the courts should check the terms of the stay the court imposed on bank charges claims following the implementation of the FSA's waiver on complaints handling for bank charges complaint.
If they receive a letter from the court or the bank threatening to strike out the claim then, if they wish to continue, they should contact the court in writing with their reasons the banks applications should be denied and ask for permission to enter new particulars of claim to cover the new arguments. It is not an easy process, nor one that should be embarked upon lightly due to the risk of costs involved and the level of complexity involved in the new arguments. Claimants should ask for legal advice, or if they are happy to continue on their own, should ask for help from any of the consumer forums.
Cases we know of where the banks have been denied a strike out of bank charges claims:
Megansden v Lloyds - LegalBeagles
ClaireH v Yorkshire Bank - PenaltyCharges
a.n.other v Yorkshire Bank - MSE/PCF
Sharp v Bank of Scotland - Govan Law Centre
angrybankcustomer v HBOS - LegalBeagles
Gaz v Yorkshire Bank - LB/CAG/PCF
JPH v Nationwide - LegalBeagles
Will add to this list as more successes come through.
I must stress this is ONLY the FIRST step in continuing claims for bank charges. The greatest hurdle, having the arguments succeed in court, is still a long way off.
Our forum helping people who have claims in the courts system can be found Bank Charge Claims in Courts System - next steps - Legal Beagles - Please read as much information as you can and ensure you understand the issues, and the work involved in continuing, as well as the risks, before posting.
Claimants against Lloyds, HBOS, Nationwide, BOS and Yorkshire banks have been granted permission to enter their revised claims over the next few weeks. Some have already entered revised claims and recieved defences from the banks and are waiting for full hearings.
The Banks have been writing to the courts asking them to strike out any claims involving bank charges on the basis that their is no longer a claim following the Supreme Court's judgment in November 2009 that the OFT is unable to assess charges on the level of the charge under the Unfair Terms in Consumer Contracts Regulations (UTCCR)
However the Supreme Court judges strongly indicated that the door was still open to consumers to bring claims before the courts under a different regulation of the UTCCR. Consumer groups also feel there are arguments available under section 140 of the Consumer Credit Act, although these are more limited in scope.
Banks have acted quickly in asking courts to strike out claims and have been successful in hundreds of cases. However these cases are where the claimants have decided not to continue, or have no turned up to court hearings where the Judge was making a decision on the future of the case. Other claimants have succeeded in being allowed to continue - most of these have entered full witness statements explaining why the judgment doesn't rule out their claims and have attended hearings in the small claims court, often up against top solicitors and barristers.
Consumers who have claims in the courts should check the terms of the stay the court imposed on bank charges claims following the implementation of the FSA's waiver on complaints handling for bank charges complaint.
If they receive a letter from the court or the bank threatening to strike out the claim then, if they wish to continue, they should contact the court in writing with their reasons the banks applications should be denied and ask for permission to enter new particulars of claim to cover the new arguments. It is not an easy process, nor one that should be embarked upon lightly due to the risk of costs involved and the level of complexity involved in the new arguments. Claimants should ask for legal advice, or if they are happy to continue on their own, should ask for help from any of the consumer forums.
Cases we know of where the banks have been denied a strike out of bank charges claims:
Megansden v Lloyds - LegalBeagles
ClaireH v Yorkshire Bank - PenaltyCharges
a.n.other v Yorkshire Bank - MSE/PCF
Sharp v Bank of Scotland - Govan Law Centre
angrybankcustomer v HBOS - LegalBeagles
Gaz v Yorkshire Bank - LB/CAG/PCF
JPH v Nationwide - LegalBeagles
Will add to this list as more successes come through.
I must stress this is ONLY the FIRST step in continuing claims for bank charges. The greatest hurdle, having the arguments succeed in court, is still a long way off.
Our forum helping people who have claims in the courts system can be found Bank Charge Claims in Courts System - next steps - Legal Beagles - Please read as much information as you can and ensure you understand the issues, and the work involved in continuing, as well as the risks, before posting.
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