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

esmerellda

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.

onlypaddy

Penalty_charges wrote: »

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...

esmerellda

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.

onlypaddy

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...

theunistudent85

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

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.

esmerellda

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

esmerellda

Which banks are you guys with ?

boomclart

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

Which bank are you with ?