Heard from your bank/court about your claim being restarted? Please let us know.

Alpine_Star

bobberding wrote: »

Had my letter from A&L today basically saying they will not refund with 8 weeks to respond or my case will be closed.

Last edited by bobberding; Today at 12:56 PM..

I would be grateful if you could post the text of the letter.

bobberding

just spent 20 minutes typing and when I finished I had timed out.Any idea how to get it back?

Orford

bobberding wrote: »

just spent 20 minutes typing and when I finished I had timed out.Any idea how to get it back?

You can't. Type it in Word and then copy and paste it .

liberty_lily

esmerellda wrote: »

Hi I stand by what I said on Beagles. Hang fire till at least tomorrow and you have been given plenty of time to write with the new arguments to the banks solicitors and apply to lift the stay in your own time.

With regards to the overdraft that has been left hanging you will, whatever else you decide to do, be needing to prepare your income/expenditure sheet to make an affordable monthly repayment offer of the outstanding if they havent already taken court action against you. This will form part of the negotiation too thus fulfilling your part of the court order and once the news is clear tmw and we have spoken to the OFT regarding the proper reasoning behind it we will be able to give you the right options.

Thanks Esmerellda and apologies for taking so long to respond!

I see what you are saying re: making steps towards repaying the o/d at an affordable monthly amount, but as the o/d is made up entirely of charges - £9000+ charges against an o/d of £4000+ - I'm disinclined to do this to be honest.

I will however do as you suggest and hang fire for the time being before making any attempt to negotiate a settlement (particularly in the light of the OFT giving up the fight) and hopefully if the new advice is given out by MSE by mid-late January I will still have time to act before my deadline of 26th February!

esmerellda

Yep that is fair enough, just be aware that that £4k will need some arrangement making on it if you are to avoid future court action / issues / CRA's stuff - I would be inclined to start repayments whilst the claim is on going UNLESS the £4k is pure charges (ie you went over by £50 have repaid that and the rest is charges off of that - if you get what I mean)

suewilo

Sorry, not sure if I am using right thread but 1st posting. My claim was originally due in court Sept 07. Just received a letter from court dated 23rd December 09, that the claim is stayed generally. It say's that either party can apply to remove the stay on application to the court (this incurrs another court fee) and must sate the grounds and whether and if so what attempts have been made to settle the claim. I have until 30th June 2010 or claim will be struck out without further order.
I don't know what I am supposed to do next, don't really understand some of the wording. Can anyone help please? Thanks

Alpine_Star

suewilo wrote: »

Sorry, not sure if I am using right thread but 1st posting. My claim was originally due in court Sept 07. Just received a letter from court dated 23rd December 09, that the claim is stayed generally. It say's that either party can apply to remove the stay on application to the court (this incurrs another court fee) and must sate the grounds and whether and if so what attempts have been made to settle the claim. I have until 30th June 2010 or claim will be struck out without further order.
I don't know what I am supposed to do next, don't really understand some of the wording. Can anyone help please? Thanks

The only advice at the moment is to sit tight until new guidance/amended Particulars of Claim is published on here and other sites, hopefully in the next few weeks.

suewilo

Thanks Alpine Star, will do

Premier_2

suewilo wrote: »

...I don't know what I am supposed to do next, don't really understand some of the wording. Can anyone help please? Thanks

Post any wording you are unsure of and we will try to help.

Lets start with struck out = case will not proceed further, usually on the basis it was ill-founded (wrong) in these re-claim cases.

bigbadbri

Yesterday received a letter from DG

it states:

"We note that the claimant has challenged informal overdraft charges on two grounds, namely that: (a) they constitute penalties at common law; and (b) they are unfair under regulation 5(1) of the unfair terms in consumer contracts regulations 1999 ("UTCCRs") on the basis that they are too high. As has now been definitively determined, neither of these challenges is open to the claimant:

(1) In two earlier judgements, Mr Justice Andrew Smith held that none of HSBC's informaal overdraft charges amount to penaltis at common law: see [2008] EWHC 875 (Comm),[2008] 2 All ER (Comm) 625; and [2008] EWHC 2325 (Comm), [2009] 1 All ER (Comm) 717. Neither decision was appealed by the OFT.

(2) On November 25 2009, the supreme court ruled that it was not permissable to challenge the fairness of bank charges under regulation 5(1) of the UTCCRs on the basis that they are too high because that form of challenge is precluded by regulation 6(2)(b). Regulation 6(2)(b) provides that the assessment (under regulation 5(1)) of the fairness of a term ina contract "shall not relate ... to the adequacy of the price or remuneration, asd against the goods or services supplied in exchange". In otrher words, the "value for money" equation is excluded. The banks argued and the supreme court agreed, that the informal overdraft charges are part of the price for the personal current account services and that, therefore, the regulation 6(2)(b) exception applies with the consequence that the charges cannot be found to be unfair on the basis that they are too high.

(there is another chapter about the OFT deciding not to proceed)

"we respectfully contend that, as the only grounds for the challenge that the claimant has put forward have been dismissed by the higher courts, and given that there are no other viable grounds of challenge under UTCCRs (as the OFT has recognised), the claim must fail in the County Court. We would therefore invite the Court to dismiss the claim.

We should be grateful if you would place a copy of this letter before the judge responsible for this matter.

suppose all i can do is wait for the particulars to be given on MSE (that and mail HSBC an anomynous fresh turd everyday)