How to reply to the bank

jsimunovic

I was many of the thousands who had a claim pending in the courts. Due to the recent decision Barlclays have written to me telling me in so many words that my case is closed as the courts found in their favour. My question is what is my reply. Martin says there may be still be hope in the future but in the meantime what do i say to the banK. thanks jane

Premier_2

Martin actually says:

... it's important to say no one should be planning or managing their finances around getting money back, this is a cross your fingers only situation...

and

My case is on hold with the courts - what is going to happen?

A. It has yet to be decided whether the hold on all cases in the courts will be lifted. The Judicial Office says each complainant, for now, will have to apply individually for their case to be heard – which also means banks can apply to have it thrown out.
It may be that this is difficult to prevent. You may be able to alter your claim with new legal arguments, but that will almost certainly incur an additional cost - and you need to consider your options carefully.
We will be looking at the options available when we update this guide in the middle of January. Ensure you're getting the free weekly e-mail where we will publish updates on that as soon as possible.

and

How likely is it I will get my money back?
A. Much less likely than prior to the Supreme Court result, but not impossible. The strongest hope is for those who fulfill the Ombudsman's criteria above... still, the best thing to do is plan for getting nothing, but cross your fingers....

http://www.moneysavingexpert.com/reclaim/bank-charges

Alpine_Star

Jane
It would be helpful if you could type the contents of the letter from Barclays so we can advise appropriately.

MrLeeLee

Now now Premier, lets not be one sided about this, Martin also says -


Should I be throwing away all past years' bank statements?


No. There is still a hope for bank charges reclaiming and to do that you'll need your past years' bank statements, so keep hold of them for now.


We will be looking at the options available when we update this guide in the middle of January

We believe there is a strong legal case under the new arguments yet it is complex and it takes time for these things to play through

We believe there are three strong routes to taking the campaign further.

There's also still room for argument under the regulation the test case already considered, and a chance the regulator may be able to do something too.

We wouldn't want anyone reading your posts to think that it's the end now, would we?

Premier_2

MrLeeLee wrote: »

...We will be looking at the options available when we update this guide in the middle of January...

In his email of 23-12-2009, he'd already put that back again to 3rd week in January
http://forums.moneysavingexpert.com/showthread.html?t=2163283


and also stated:
"Chances of reclaiming? Don't plan on getting any money back, it's going to be tough, but do cross your fingers and hope! "
http://www.moneysavingexpert.com/tips/23-12-2009/#bankcharges

MrLeeLee wrote: »

...We wouldn't want anyone reading your posts to think that it's the end now, would we?

Why not? The quicker people face up to the reality, the better.

natweststaffmember

jsimunovic wrote: »

I was many of the thousands who had a claim pending in the courts. Due to the recent decision Barlclays have written to me telling me in so many words that my case is closed as the courts found in their favour. My question is what is my reply. Martin says there may be still be hope in the future but in the meantime what do i say to the banK. thanks jane

What does the letter from Barclays Bank say?
What is the details of the stay on your claim in the county court?

oscar52

Or better still, when a bank or CC has charged him because they "didn't read the terms and conditions" and they require advice.

knowga

For information, I had my reply back from Abbey for my bank charges claim. (a total of £5800 since 2001)

It says...
"We refer to your complain referring to bank charges which was previously put on hold under the terms of the FSA's waiver." blah blah blah "We consider your complaint to have been about the level and accordingly the fairness or lawfulness of these charges"

It then goes on to tell me about the legal proceedings and the outcome means the charges cannot be assessed for under the Unfair terms in consumer contract regulations and that they believe there is no legal basis on which the amount of charges can be challenged.

They go on further to tell me the charges were properly charged and the outcome confirms the banks position.

"We are not upholding your complaint and we will not be refunding the bank charges you have complained about.

We hope we have resolved the issue you raised with us. However, if your complaint relates to something other than the level of charges, please contact our Central Complaints Team."

Lastly, they go on to tell me that I can write to the address given by them or take it to the FOS...BUT before I take it to the FOS to look at the information regarding the FOS position in the outcome.

I have 8 weeks before the complaint is closed. I WILL be taking it further. I have my reasons which may be different to other individuals but the amount of money makes a serious difference to my situation right now.

Hope this helps people and that my reply is similar to others and we can react postively together.

orc_2

New legal arguments are being developed which will result in new templates and advice.

These should be available latter part of January.

Check back here regularly for updates.

Good luck.