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

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  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    excellent - just double checking :)


    Re the 22nd - looks like Sarah McCarthy was talking out of turn so might not be.
    LegalBeagles
  • Hi just to say I received cheque from All & Leic last week in respect of a hardship claim for bank charges...
    Bank: All & Leicester
    Amount Reclaimed: £170
    Amount they paid: £290
    The story: Didn't claim full amount as they'd stopped sending me statements, only sent in the one letter, surprised but v pleased to get a cheque last week...
  • carcos
    carcos Posts: 11 Forumite
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    Thanks Esmerellda
    I am thinking of sending the Allocation Questionnaire in tomorrow.
    It seems pretty straightforward, is there anything extra in your oppinion that i need to put in the other information box.
    Im also presuming i can amend my POC later, and don't have to amend them at this stage.
    Thanks for all the help.

    Regards
    Carcos
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    can you hang on a little carcos, yes its pretty straightforward but amending your claim later will cost you a £60 (or thereabouts) fee and u might be able to do it in with the AQ am just checking on something and if you want to ask for a stay for the moment on it.
    LegalBeagles
  • carcos
    carcos Posts: 11 Forumite
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    OK esmerellda i''ll hang on.

    Regards
    Carcos
  • elsbels_3
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    I have jus received a letter from the Financial Ombudsman saying that my file with them is going to be closed in the light of the recent decision by the High Court. I was thinking of writing back and asking for my case to be put on hold until the FSA have made a decision as to how they willnow proceed.
  • orc_2
    orc_2 Posts: 563 Forumite
    edited 16 December 2009 at 8:31PM
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    For information from FOS web.

    http://www.financial-ombudsman.org.uk/faq/bank-charges.html

    "The ombudsman has to take the law into account when we decide cases. This is why the Supreme Court's ruling is very important in our work on bank charges.
    So we are now considering the Supreme Court's decision – and its implications – very carefully. Our initial view is that the legal ruling means we will now be unlikely to be able to help with cases we had put on hold that involve "template" or "standard letter" complaints about unauthorised overdraft charges.


    But in keeping with our usual approach to complaints that are referred to us, we will review each case individually – to see whether there are any one-off circumstances that may apply. For example, we would expect current-account providers to deal positively and sympathetically with a consumer in financial hardship – including where bank charges had added to their difficulties.
    my complaint with the ombudsman service was put on hold during the court case. What do I need to do now?
    You don't need to do anything. We will be in touch with you, once we have been able to consider in detail the Supreme Court's decision – and what it means for the complaints we put on hold.
    my complaint was put on hold by my bank. What do I need to do now?
    Your bank is now required to review your complaint in light of the Supreme Court's decision. So you should hear directly from your bank in due course.
    In the meantime, if there have been any changes in your circumstances since you first raised your complaint with your bank, you may want to get in touch with your bank to update them.
    what about complaints that involve bank charges as well as financial hardship problems?
    If you are in genuine financial hardship, this does not affect the legality of the charges. But it is relevant to how your bank or building society treats the amount you owe. Give them the necessary information about your financial circumstances to enable them to consider your situation fully.
    If your bank or building society agrees that you are experiencing financial hardship, they should suggest an appropriate settlement. This may or may not involve reducing the amount you owe – depending on the circumstances.
    If you're not happy with your bank or building society's response to an official complaint, we can look to see if we are able to help.
    We have written to the major current-account providers [letter opens in PDF] and claims-management companies [letter opens in PDF] to set out our approach to cases involving current account-charges and financial hardship – and to ask for cooperation in ensuring the efficient handling of these complaints."
    Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
    You come here for advice, help and support- thats what I and like minded others will try to do.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    Carcos

    AQ asking for general stay - we can apply to amend particulars at a later date (not much point doing it as yet) depending a) on the oft announcement and b) on what the court responds to this and c) what the bank responds to the AQ

    Okay the AQ (N149)
    A - Yes (postpone for a month to discuss settlement - give you a bit of breathing space to see what the OFT intends to do regarding the test case basically)

    B - straightforward - your local court if its not there already.

    C - small claims track - YES

    D - 0

    E - no

    F - straightforward

    G - Other information - ''Following the recent judgment by the Supreme Court (25th November 2009) Case [2009] UKSC 6 (On appeal from: [2009] EWCA Civ 116 ) it is extremely likely that further litigation will follow, either between the OFT and the defendant or otherwise to generally decide the issues. I therefore respectfully submit that it would be appropriate for the Court to apply a general stay in this claim pending resolution of the issues raised.''



    H - yes, unless you are exempt but you tick yes anyway and attach an EX160 if you are

    I - sign it.
    LegalBeagles
  • carcos
    carcos Posts: 11 Forumite
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    Thanks esmerellda for all your help.

    We shall wait and see what happens next.

    Regards
    Carcos
  • esmerellda
    esmerellda Posts: 2,237 Forumite
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    Indeed we shall, keep an eye out for the OFT announcement as that will tell your next step a bit :)
    LegalBeagles
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