Letter from Barclays with an 8 week deadline - HELP

kashie

I'm so sorry - now I'm finally with you - yes what you are saying is correct. I did try to get the stay lifted back in 2007 but with no joy.
I phoned the FOS again today to see if it would be the case that they would not help me if I had already put a claim in with the court, but they said they would because of the hardship criteria.

If I go down the FOS route and they say they cant help me because of this - what would happen??? After all i havent filled any forms out yet.

Sorry to be so dull.

hicskis

Your question relates to the letter you have received from Barclays and I understand you are concerned as they gave you eight weeks to reply which is soon to arrive.

Just because you don't reply within eight weeks does not close your file with Barclays.

However, to keep the process flowing i would respond with a short letter acknowledging receipt of their letter and stating that you will reply more fully in the next couple of weeks having sought (received) legal advice.

That will buy you the time to see what Martin comes up with in the next newsmail, templates etc and give you a little more time to ask for help on the forum.

Premier_2

kashie wrote: »

...
If I go down the FOS route and they say they cant help me because of this - what would happen??? After all i havent filled any forms out yet.

...

You'll still be left with the existing court claim.

kashie

Is there any news as far as letters to the courts are concerned about charges????

The Ombusman have said that they cannot deal with my claim, even though they did say they would - so now I am back to square one.

Help if possible please?

Premier_2

kashie wrote: »

Is there any news as far as letters to the courts are concerned about charges????

The Ombusman have said that they cannot deal with my claim, even though they did say they would - so now I am back to square one.

Help if possible please?

There's an MSE article on it
http://www.moneysavingexpert.com/reclaim/oft-bank-charges

Let us know if, having read that, you have any questions.


Edit: It is correct the FOS will not entertain any claims based on legalese for reclaiming bank charges, not since the banks won their case in the Supreme Court back in November.
Also the FOS don't usually consider any case where legal action is in progress either.

natweststaffmember

kashie wrote: »

Is there any news as far as letters to the courts are concerned about charges????

The Ombusman have said that they cannot deal with my claim, even though they did say they would - so now I am back to square one.

Help if possible please?

I am expecting Legal Beagles to publish legal opinion in the next few weeks regarding the bank charges situation(which I have seen a copy of myself). The fact is simple, the banks did not get a declaration under UTCCR 1999 Regulation 5(1) on bank charges being fair. Justice Smith refused declarations to the banks in an earlier case. You cannot argue that the charges are unfair due to price or level of the charges but that does not exclude regulation 5(1). Unfortunately, there are some who believe that this is the case.....they aren't and so all they have left is to ask the question: Who has won in Court on a bank charges case? Well, no one EVER didd win before or after the bank charges case in court except by default. Kashie, keep the chin up cos you know and I know that the charges are unfair.