Letter from Barclays with an 8 week deadline - HELP

kashie

Thanks for your reply - however - I am finding this really confusing and I am not sure which angle to follow. Do I go down the 'claim on hold in court' route???? As if so it's telling me to come to this forum for help.....

The other route is 'Already sent a letter to the bank' route which is telling me that I can write and ask for the remainder of the money I am claiming (under financial hardship' even though they have paid some of this out to me already.

So which is advised????

Sorry to appear so dumb but it's so confusing!!!!

Premier_2

kashie wrote: »

Thanks for your reply - however - I am finding this really confusing and I am not sure which angle to follow. Do I go down the 'claim on hold in court' route???? As if so it's telling me to come to this forum for help.....

The other route is 'Already sent a letter to the bank' route which is telling me that I can write and ask for the remainder of the money I am claiming (under financial hardship' even though they have paid some of this out to me already.

So which is advised????

Sorry to appear so dumb but it's so confusing!!!!

At what stage are you at currently? I didn't see anything previously that suggested you currently had a court claim on hold.

The article states regarding court claims

...We will be producing a guide on this in the next couple of weeks ...

which, bearing in mind the article was published 02-Feb-2010, shouldn't be too long now.

kashie

OK - claim been on hold since August 2007 - put in a hardship claim beginning of last year and they paid just under half as a good will gesture.
Have been charged since and also charged with their new 'Reserve' charge system.
Thanks for prompt reply.

kashie

I only have a week in which to reply to the bank as the 8 week deadline will be up very soon Date of letter from bank 21st Dec 2009

Premier_2

kashie wrote: »

OK - claim been on hold since August 2007 - put in a hardship claim beginning of last year and they paid just under half as a good will gesture.
Have been charged since and also charged with their new 'Reserve' charge system.
Thanks for prompt reply.

A claim with who? The bank? The FOS? Or the court?

If you were in financial hardship, the claim should not have been on hold - there was an exemption for those in finacial hardship.

kashie

The claim is with the bank - but the courts put it on hold in 2007.

I didn't know about the hardship case until beginning of last year - so put in a letter to the bank with financial statement - they refunded half the money as a goodwill gesture.

Just assumed that the rest would be sorted when the results of the 'trial case' came to light.

kashie

I have just phoned the FOS and they have decided to take this on for me - leaving me to inform the bank that I am going down this route. I don't know if this is the right thing to do but I have little choice because my deadline is next week.
Thanks for your support.

Premier_2

kashie wrote: »

The claim is with the bank - but the courts put it on hold in 2007.

I didn't know about the hardship case until beginning of last year - so put in a letter to the bank with financial statement - they refunded half the money as a goodwill gesture.

Just assumed that the rest would be sorted when the results of the 'trial case' came to light.

kashie wrote: »

I have just phoned the FOS and they have decided to take this on for me - leaving me to inform the bank that I am going down this route. I don't know if this is the right thing to do but I have little choice because my deadline is next week.
Thanks for your support.

I understand the claim is against the bank, but a court will only hold a court claim, not any claims you have made direct to the bank.

If you have already made a court claim, it's unlikely the FOS will take on the matter. You will need to disclose the court case details on the FOS claim form.

kashie

This is why I am getting confused.

I filed a judgement against the bank through the courts and then the case was stayed.

Does this mean that it isn't worth going down the FOS route then???

I'm really panicking now as I have to send something off today.:(

Premier_2

kashie wrote: »

This is why I am getting confused.

I filed a judgement against the bank through the courts and then the case was stayed.

Does this mean that it isn't worth going down the FOS route then???

I'm really panicking now as I have to send something off today.:(

Ok. Let me try to explain.

You (presumably) initially filed a claim with your bank. It is that claim that they will close if you do not respond. (Who cares? You obviously had given up with the bank when you filed a court claim against them anyway)

You later filed a claim with the court. That claim was stayed by the court. The letter from the bank does not affect the stay on the court claim. The court will inform you if the stay is about to be lifted and/or the claim is about to be struck out.

Now you have filed a claim with the court, the FOS will probably not help you.

You could have applied to have the court stay lifted if you had informed the court of your financial hardship - you might even have won then since there was no clear cut ruling on the law at that time, one which was only given by the SC in November 2009. Now I suggest you wait the few days until the expected publication of the upfdated MSE article on reclaiming bank charges with reference to court claims