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UPDATE 5th January
Hope you all had a good break over Christmas
We have seen many letters from banks and the Financial Ombudsman turning down complaints about bank charges. We have also started seeing strike out applications being made to courts against claimants.
This is a quick guide to what to do now, how to reply to these letters and applications and whether you should continue or call it quits.
IF YOUR CLAIM IS IN COUNTY COURT
Discussion forum for these cases and to get help and support is here >> Bank Charge Claims in Courts System - next steps - Legal Beagles also read this thread>>> Guidance what you need to do with claims in court - Legal Beagles
Of course you have the option of Discontinuing Claim - yep this sounds like just giving up, and kind of is, but if you have run out of steam, energy and just want to move on then you need to extract yourself from court proceedings with as little detrimental effect on yourself as possible. We don't believe the banks will be filing for wasted costs, but it is something to be aware of. If you are past defence and allocation and concerned about costs or been 'threatened' with costs then you may want to consider agreeing withdrawal with the banks on the basis of no costs - this is called a consent order and we will help you with this. Remember you WILL lose any court fees you have paid to date by withdrawing. If you claim isn't for a huge amount of money and you don't want to face huge costs for a point of principle then as things currently stand this may be the best option for you.
As we see it you have a number of options. We can only look at individual cases and take all circumstances into account before advising specifically, so if you are at all unsure, please start a thread in this forumand we will help all we can. Any option does of course carry risks.
For the moment, if your stay end date is looming have a read here - Stay periods coming to an end - concerned ? What should you do ? - Legal Beagles and Guidance what you need to do with claims in court - Legal Beagles and create a thread giving as much information as possible.
If you have received a letter from the COURT please start a thread on the forum, type out of scan in the letter you have received and tell us a bit of the background on your case. If you can, please post or link to the particulars of claim you used in your original claim. We also need any documents / letters involved in the claim thus far.
Banks are writing to courts asking them to dismiss bank charges claims off the back of the judgment. Some courts are setting bulk hearing dates to dispose of the claims, some are looking at individual cases. If you wish to continue you will need to take action.
If a hearing has been set by the court you will need to enter a Witness Statement and a Revised Particulars of Claim.
If the banks has notified you it has applied to the court for a strike out we will help you write to the court to ask your case be heard on its own merits.
Claims need to be very personal now, and there is no 'print off and send' template. THERE IS A LOT OF WORK INVOLVED IF YOU WANT TO CONTINUE IN COURT SO YOU NEED TO BE ACTIVE AND UNDERSTAND THE ISSUES. We shall assist individuals as much as possible BUT WE CANNOT DO IT FOR YOU. Continuing in court does carry a risk of costs, even in small claims, so anyone continuing should bear that in mind. If we ask you for information then we need you to get back to us as quickly as possible with that information so we can help. By the end of February we will have a much clearer picture on how these arguments will progress, so if you havent been set a hearing or had an application for a strike out or stay lift against you then please just sit tight and let us concentrate on the urgent and immediate cases.
Guidance what you need to do with claims in court - Legal Beagles
GROUP ACTION / REPRESENTATIVE ACTION
This is still a possibility and we are communicating with the OFT and legal professionals regarding taking this forward following the OFT announcement. If you have your claim in the courts system and are interested in continuing through a group action please forward your claim number, bank and a contact telephone number on to Amethyst.
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IF YOUR COMPLAINT IS WITH THE FINANCIAL OMBUDSMAN SERVICE
You may still be able to update your complaint with "new arguments" FOS have already written to a number of complainants informing them they consider the case resolved due to the Supreme Court Judgment. They are giving people between 7 and 21 days to respond if they do not agree. We are in contact with the FOS to ensure we can advise claimants correctly as to their options and the way forwards for those who wish to continue.
There is a forum specifically for cases with the FOS here > Banks Charges complaints with Financial Ombudsman or Banks - next steps - Legal Beagles
We have posted an outline of a letter to submit to them to continue your complaint. YOU MUST PERSONALISE THIS LETTER to show where you feel the charges are unfair. FOS WILL TURN DOWN ANY COMPLAINT THAT IS A GENERAL ' CHARGES ARE UNFAIR ' COMPLAINT.
IF YOUR COMPLAINT IS WITH THE BANK
Your bank is obliged to write to you and inform you of their next move or refer you to information on their website. Some banks have already written to people telling them their complaint is considered to be resolved. Some may just want to accept this, but if you want to continue you will need to respond to them in the next few days with the reasons you disagree. We have posted an outline of the different arguments which may be applicable to your complaint and there is a forum specifically to look at the next steps >> Banks Charges complaints with Financial Ombudsman or Banks - next steps - Legal Beagles
IF YOU HAVEN'T YET MADE A COMPLAINT
You should seriously think about the risks of starting a new complaint/legal action. If you are in hardship then see below.
The bank still has a duty to treat customers fairly and sympathetically under BCOBS and the Lending Code. Please post in our hardship forum HERE > Hardship Claims - Legal Beagles and we will assist all we can.
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IF YOU HAVE AN OVERDRAFT DEBT WITH A BANK
It is quite likely the banks will get moving with DCA's etc now to get all the outstanding overdrafts abandoned on the strength of charges disputes. It is recommended therefore you contact your bank as soon as possible IN WRITING with a copy of you income and expenditure sheet and make a reasonable and AFFORDABLE offer to repay the overdraft.
PLEASE POST FOR ADVICE in the DEBT FORUM
If your bank start chasing you for disputed overdraft following the judgment.... - Legal Beagles
Hope you all had a good break over Christmas
We have seen many letters from banks and the Financial Ombudsman turning down complaints about bank charges. We have also started seeing strike out applications being made to courts against claimants.
This is a quick guide to what to do now, how to reply to these letters and applications and whether you should continue or call it quits.
IF YOUR CLAIM IS IN COUNTY COURT
Discussion forum for these cases and to get help and support is here >> Bank Charge Claims in Courts System - next steps - Legal Beagles also read this thread>>> Guidance what you need to do with claims in court - Legal Beagles
Of course you have the option of Discontinuing Claim - yep this sounds like just giving up, and kind of is, but if you have run out of steam, energy and just want to move on then you need to extract yourself from court proceedings with as little detrimental effect on yourself as possible. We don't believe the banks will be filing for wasted costs, but it is something to be aware of. If you are past defence and allocation and concerned about costs or been 'threatened' with costs then you may want to consider agreeing withdrawal with the banks on the basis of no costs - this is called a consent order and we will help you with this. Remember you WILL lose any court fees you have paid to date by withdrawing. If you claim isn't for a huge amount of money and you don't want to face huge costs for a point of principle then as things currently stand this may be the best option for you.
As we see it you have a number of options. We can only look at individual cases and take all circumstances into account before advising specifically, so if you are at all unsure, please start a thread in this forumand we will help all we can. Any option does of course carry risks.
For the moment, if your stay end date is looming have a read here - Stay periods coming to an end - concerned ? What should you do ? - Legal Beagles and Guidance what you need to do with claims in court - Legal Beagles and create a thread giving as much information as possible.
If you have received a letter from the COURT please start a thread on the forum, type out of scan in the letter you have received and tell us a bit of the background on your case. If you can, please post or link to the particulars of claim you used in your original claim. We also need any documents / letters involved in the claim thus far.
Banks are writing to courts asking them to dismiss bank charges claims off the back of the judgment. Some courts are setting bulk hearing dates to dispose of the claims, some are looking at individual cases. If you wish to continue you will need to take action.
If a hearing has been set by the court you will need to enter a Witness Statement and a Revised Particulars of Claim.
If the banks has notified you it has applied to the court for a strike out we will help you write to the court to ask your case be heard on its own merits.
Claims need to be very personal now, and there is no 'print off and send' template. THERE IS A LOT OF WORK INVOLVED IF YOU WANT TO CONTINUE IN COURT SO YOU NEED TO BE ACTIVE AND UNDERSTAND THE ISSUES. We shall assist individuals as much as possible BUT WE CANNOT DO IT FOR YOU. Continuing in court does carry a risk of costs, even in small claims, so anyone continuing should bear that in mind. If we ask you for information then we need you to get back to us as quickly as possible with that information so we can help. By the end of February we will have a much clearer picture on how these arguments will progress, so if you havent been set a hearing or had an application for a strike out or stay lift against you then please just sit tight and let us concentrate on the urgent and immediate cases.
Guidance what you need to do with claims in court - Legal Beagles
GROUP ACTION / REPRESENTATIVE ACTION
This is still a possibility and we are communicating with the OFT and legal professionals regarding taking this forward following the OFT announcement. If you have your claim in the courts system and are interested in continuing through a group action please forward your claim number, bank and a contact telephone number on to Amethyst.
##################################
#################
IF YOUR COMPLAINT IS WITH THE FINANCIAL OMBUDSMAN SERVICE
You may still be able to update your complaint with "new arguments" FOS have already written to a number of complainants informing them they consider the case resolved due to the Supreme Court Judgment. They are giving people between 7 and 21 days to respond if they do not agree. We are in contact with the FOS to ensure we can advise claimants correctly as to their options and the way forwards for those who wish to continue.
There is a forum specifically for cases with the FOS here > Banks Charges complaints with Financial Ombudsman or Banks - next steps - Legal Beagles
We have posted an outline of a letter to submit to them to continue your complaint. YOU MUST PERSONALISE THIS LETTER to show where you feel the charges are unfair. FOS WILL TURN DOWN ANY COMPLAINT THAT IS A GENERAL ' CHARGES ARE UNFAIR ' COMPLAINT.
#################
IF YOUR COMPLAINT IS WITH THE BANK
Your bank is obliged to write to you and inform you of their next move or refer you to information on their website. Some banks have already written to people telling them their complaint is considered to be resolved. Some may just want to accept this, but if you want to continue you will need to respond to them in the next few days with the reasons you disagree. We have posted an outline of the different arguments which may be applicable to your complaint and there is a forum specifically to look at the next steps >> Banks Charges complaints with Financial Ombudsman or Banks - next steps - Legal Beagles
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IF YOUR COMPLAINT IS WITH A CLAIMS MANAGEMENT COMPANY
It depends on the Terms and Conditions of individual claims companies. You may be able to ask for a refund as they have not been successful in reclaiming your charges. We would suggest contacting them as soon as possible and asking for confirmation of the status of your claim and any refund proposed in writing. We are obviously concerned that a number of companies who took upfront fees with the promise to refund you if they failed to reclaim your charges may simply vanish.
If they do not comply then a complaint to the MOJ is in order and if fees have been paid by credit card or visa debit you may be able to ask the card issuers for recompense.
Please post HERE >> Debt Management and Claims Management Companies - Legal Beagles for advice and support.
It depends on the Terms and Conditions of individual claims companies. You may be able to ask for a refund as they have not been successful in reclaiming your charges. We would suggest contacting them as soon as possible and asking for confirmation of the status of your claim and any refund proposed in writing. We are obviously concerned that a number of companies who took upfront fees with the promise to refund you if they failed to reclaim your charges may simply vanish.
If they do not comply then a complaint to the MOJ is in order and if fees have been paid by credit card or visa debit you may be able to ask the card issuers for recompense.
Please post HERE >> Debt Management and Claims Management Companies - Legal Beagles for advice and support.
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IF YOU HAVEN'T YET MADE A COMPLAINT
You should seriously think about the risks of starting a new complaint/legal action. If you are in hardship then see below.
#################
IF YOU ARE IN SEVERE HARDSHIPThe bank still has a duty to treat customers fairly and sympathetically under BCOBS and the Lending Code. Please post in our hardship forum HERE > Hardship Claims - Legal Beagles and we will assist all we can.
#################
IF YOU HAVE AN OVERDRAFT DEBT WITH A BANK
It is quite likely the banks will get moving with DCA's etc now to get all the outstanding overdrafts abandoned on the strength of charges disputes. It is recommended therefore you contact your bank as soon as possible IN WRITING with a copy of you income and expenditure sheet and make a reasonable and AFFORDABLE offer to repay the overdraft.
PLEASE POST FOR ADVICE in the DEBT FORUM
If your bank start chasing you for disputed overdraft following the judgment.... - Legal Beagles
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