charges success

[repo1973]

Hi, I've recently won a case against the abbey who have agreed to pay back all my business bank charges. I also have two other cases in the process with Lloyds and HSBC. The one with HSBC is nearing agreement to pay back all my business bank charges, however there's a few complications that still need to be sorted out with this.

I've had a very bad turn on my finances over the last 3 years and part of this is because of bank charges. As a result I've had my home repossessed.

So would it be possible to take a bank to court if they have contributed to me losing my home?

[Guest]

Re: charges success

This type of claim concerns consequential loss, very tricky to prove and not something that you could realistically take on as a litigant in person.

Obviously we do not know the details of your existing claims but charges are usually not refunded, but instead, a sum of money identical to the amount of the charges claimed is paid as a gesture of goodwill, with no admission of liability as to the legality of the charges.

You would have to prove that the charges contributed directly to the repossession, which would be very difficult to achieve.

[repo1973]

Re: charges success

So basically your saying its possible but would be a very long case?

[Guest]

Re: charges success

I would not presume to second guess any litigation. The problem you have is proving the charges and their contributory effect on your repossession. You state above that you have had suffered financially over the last three years and "part of this is because of bank charges" and "As a result I've had my home repossessed."

How do you plan to demonstrate that the charges led to the repossession, or will you also include other Defendants in your claim, since the bank charges were, by your own admission, only part of the problem?

Notwithstanding the fact that you have got to prove that the charges were actually unlawfully applied, or unlawful themselves in the first place. You mention that these are business accounts. Businesses are assumed to be free to enter into whatever contracts they agree between themselves which means the onus is on the parties to make sure they are happy with the contracts they agree with other businesses.

If you have been repaid the sums that you have paid in charges then you might want to consider quitting while you are ahead.