We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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

Options
2456719

Comments

  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    Odellaide and onlypaddy - until you receive anything from the court/bank, then at the moment the advice is to sit tight and wait for the OFT announcement. Majority of stayed claims have until Christmas before anything NEEDS to be done so another week or so won't hurt.
    LegalBeagles
  • onlypaddy
    Options
    what did your POC say,

    Would have to dig out the papers and they're at home....

    But they definitely say that they're unfair under UTCCR as they are disproportionately high, so pretty much under regulation 6. Just need to know if we'll have time to amend the POC's to cover under regulation 5 instead, before the corporate machines get them all dismissed...
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    Yes you will if that is deemed the best way forward. If the bank goes in first with a strike application you will have opportunity to defend it.

    If you are digging out papers dig out the order from the court imposing the stay as well, should specifiy any time limits following the test case judgment too.
    LegalBeagles
  • onlypaddy
    onlypaddy Posts: 991 Forumite
    Debt-free and Proud!
    Options
    Ooh actually I have them with me in the office! Right, the POC's say basically what I said above. And the stay is in place 'Pending the Outcome of the Test Case currently before the House of Lords' with no further detail on times...
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • theunistudent85
    Options
    thanks for that esmerrellda,

    I have just spoke to an advisor from the Glasgow Collections Centre, who advised it seems likely I will be made an full and final offer to settle which is not negoticiable, he however not able to confirm if this would be for charges relating to my 3 accounts for last 6 years, or a payment to elleviate my deficits.

    He advised I will be contacted later today to confirm if all 3 accounts which I have submitted by by hardship claim are being considered, I'm slightly more positive now, knowing that I will be offered something.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    mmm yes I guess they will go back to full and final offers now the waiver has been lifted. Before accepting this check the wording of the offer acceptance with us first - you don't want to be accepting full and final stopping you making future claims against the charges if the legalitys do end up in our favour, still accept but may need to amend their terms of the offer a little. Good news tho that they may be making some kind of offer.
    LegalBeagles
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    onlypaddy wrote: »
    Ooh actually I have them with me in the office! Right, the POC's say basically what I said above. And the stay is in place 'Pending the Outcome of the Test Case currently before the House of Lords' with no further detail on times...

    Okay, your case will probably (once the courts decide what they are doing) be passed to a judge for listing / disposal. You needn't do anything as yet - give it to the end of the week see how things lay then, then possibly give the court a call to see the status of your claim. If the POCS are penaltys and reg 6 then yes we will need to apply to amend the POC, but I'd rather make sure the legal basis is completely sound first, before you pay out more money to amend the claim and risk any associated extra costs. So still hang fire
    LegalBeagles
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    Which banks are you guys with ?
    LegalBeagles
  • boomclart
    boomclart Posts: 187 Forumite
    edited 8 December 2009 at 2:08PM
    Options
    How much time do those who have not taken their cases any further than the bank?

    My original claim was put on hold by the bank just after I'd sent the first letter detailing the charges I wish to reclaim.

    If the bank rejects the claim, do I have a period of time to change my claim.

    If I don't does it mean I can only claim 6 years back from the date I make a new claim under the anticipated new regulation?

    The reason I ask is most of my claims came within 2002-2003, I have kept check of my account for the past 3-4 years and any claim which incorporates the past 6 years will be minimal.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Options
    Which bank are you with ?
    LegalBeagles
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 344.6K Banking & Borrowing
  • 250.6K Reduce Debt & Boost Income
  • 450.4K Spending & Discounts
  • 236.7K Work, Benefits & Business
  • 610.5K Mortgages, Homes & Bills
  • 173.8K Life & Family
  • 249.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards