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Stop Press - View On Oft/bank Announcement
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thanks michael, will do it 2 nite cheers jill0
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As this test case states it is to contend unauthorised overdraft charges, what happens about the unpaid chq/ddr charges?0
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Hi all, just popped in briefly from CAG, as I thought there'd be a bit of a stir here as much as over there.
The main things to remember are these:
If you complain to your bank, or decide to go through the FOS, them your case will be put on hold. There is absolutely no legal reason not to stick to your deadline and start your court claim as previously planned, or not to carry on with your claim if you had already lodged it.
There never was any cast-iron guarantee that you would get your money back within certain timescales, and now, these have just increased, that's all. (Yes, I know that sentence doesn't sound logical
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As before, all you stand to lose is your court fee and not get the money you had lost a long time ago if you proceed with a court case and the OFT loses. On the other hand, if the OFT wins, your case will be already in the system.
Another thing to bear in mind is the Statute of Limitations act 1980. SoLA 1980 kicks off from the date you first FILE AT COURT.
If you don't, and you were close to the 6 years period, by the time the OFT v 8 banks case is decided, you will have lost hundreds, maybe thousands of pounds. On the other hand, if your claim is already filed, then THAT date is the one where statute barred will run from.
Finally, a piece of advice for those with claims already in the system: Do NOT ignore courts direction because you think it's all over. CAGgers have been phoning courts all over the country since yesterday and the message that is coming out loud and clear is this: BUSINESS AS USUAL, cases are proceeding. So don't neglect your court deadlines, and if you have a chance to get the defence thrown out because THEY didn't comply, do it ASAP, don't give them a chance to apply for a stay.
The banks have jumped at the chance to postpone all refunds, so fight back harder. Hit fast, hit low, and don't give them an opening.
In other words, KEEP GOING. We'll all get there in the end, but it's up to every one of us not to give up.0 -
As this test case states it is to contend unauthorised overdraft charges, what happens about the unpaid chq/ddr charges?
That depends on the wording of the declaration being sought by the OFT if it is narrowly drawn so as to only refer to overdraft charges then they may not be covered. In this case it may be advisable for CAG or MSE to seek permission to intervene to argue this point. It may also require an amendment to the OFT's claim.As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person0 -
I have decided that I'm going to file in court - the date I set for Shabby to respond was Thursday and they just sent some load of old flannel about how they were sorry I was unhappy with how they had dealt with my claim and they would look into it and it would take 4 weeks (everything seems to take 4 weeks with them - except charging!!!). Well tough - as I've been chasing them since February I think they've had long enough and i'm going to fill in my MCOL tonight!!!0
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Hi everyone,
I've been worried since the 26th July announcement.
I'd gotten along way through the process, all the way till the banks solicitor settling with me on the 23rd of July for just over £3k.
I recieved a letter on the 24th stating "Your claims include a request for the refund of certain charges which to an extent overlap with the investigation by the Office of Fair Trading into certain charges ... blah blah blah... However as a geture of good will... blah blah blah... A cheque in the sum above will be forwarded to you shortly by special delivery"
The solicitor said they'd phone me when they dispatched it to make sure that i'd be in to sign for it, and that upon reciept I'd fill out a form of discontinuance.
Just they havn't phoned me, and the court has given them until the 2nd August before they strike out thier defence.
Has this annoucement disturbed my case at all? Are they holding back my cheque? It feels as though I've been annouced as the winner of the 100m sprint, about to get my gold medal, then all of a sudden there's a disbute over if I sould get it
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A question---Were the banks to suspend charges, i.e, notify but not apply until a decision as to amount permitted has been made, how many of you would make a sensible provision in your finances for their immediate application on your accounts on decision day +1? Some of you might end in bigger s**t.0
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If a complaint is made to a bank (re: OD charges) and they don't meet the deadline of 14 days, what's stopping us starting small claims court action against them anyway?
I know the FSA and Banks are suspending claims/complaints, but how does this affect the small claims court process? From what I read so far the Court system is saying 'business as normal'.0 -
I've filed in court and Monday is the day I ask for judgement. I am really mad as this is for 1500.
I am sure the banks will end up getting away with it and the people will suffer, I am mad!!!!!!0 -
I received my final letter this morning offering a refund of charges, it's not the full amount I asked for, yet its still an offer. With light of the current situation where do you think this leaves me? Should I accept the offer no quibbles and be happy with what i've got? Will they decide now not to pay, and if so where would that leave me, bearin mind that the offer letter is without prejudice. I think I will sign the acceptance letter and just hope for a pay out, although it look ominous. Have I got this far, and waited this long to be let down at the last hurdle?0
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