Advice to anyone being sued by their bank

If your bank has taken you to court to reclaim money from you, apply for a "stay" until the OFT test case is decided

The Deputy Head of Civil Justice has seen fit to "invite" local county court judges to "stay" all claims made by customers against their banks for refunds of penalty charges because of the OFT test case against the banks on this issue.

It is only right, therefore, that anyone who is being sued by their bank for money owed to the bank has their case stayed for the same time. It is almost certain that in every case where the bank is suing the customer, at least part of that claim will be because of penalty charges imposed on the customer's account in the past.

So, if you receive a county court summons from your bank, complete the section that says that you intend to defend the case. Put in the reasons as:

"At least part of this claim relates to unlawful penalty charges imposed by the bank on my account. I request that the claimant is ordered to provide a listing of the penalty charges that have been applied to my account for the past 6 years before this claim is allowed to continue. I then request the judge either to stay the claim until the outcome of the OFT test case is known, or, alternatively, invite the claimant to submit an amended claim with the total of the penalty charges excluded from the claim."

Take the forms into your local County Court and explain to them what you are doing and check with them whether it will be acceptable to make this request in this manner or if you need to submit a separate application.

I have written to the Deputy Head of Civil Justice requesting that he issues an invitation to all county courts to put all these cases on stay in the same way that he issued the original invitation to stay claims against the banks.

See OFT test case

See text of Bob the Bankbuster press release 5 August 2007

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Miscellaneous summary

Applications to lift stays

If you are sued by bank

Donations

Banker of the week/year

Published and promoted by Bob Egerton, TR2 4RS