Old Claim held in County Court

Tangel

Hi


I submitted a claim a few years ago to which proceedings were held pending the Supreme Court ruling. What is my position with that claim? During the time that it was held, I underwent severe financial difficulties (although now thankfully resolved) and so would this help if I had to follow the Financial Ombudsman group.


Any assistance would be appreciated.


Thanks


T.A

dunstonh

What is my position with that claim?

It should have been (and probably was) struck off after the banks won.

I underwent severe financial difficulties (although now thankfully resolved) and so would this help if I had to follow the Financial Ombudsman group.

Financial hardship applies to current financial hardship. Not historic.

You should not have gone to court. you should have gone through the financial hardship process with your bank. If you then didnt agree with their response, you could have gone to the FOS. Even then though, the FOS cannot force a bank to refund. It can only see if the bank has considered your case fairly. Indeed, many hardship cases get little or no refund but see future interest/charges suspended for a period with maybe some recent ones refunded.

Tangel

I lodged it with the Court about 5 or 6 years ago and this was prior to the financial hardship process. It was when everyone was claiming.


Thanks for your help anyway.


T.A

Aquamania

Tangel wrote: »

Hi


I submitted a claim a few years ago to which proceedings were held pending the Supreme Court ruling. What is my position with that claim? During the time that it was held, I underwent severe financial difficulties (although now thankfully resolved) and so would this help if I had to follow the Financial Ombudsman group.


Any assistance would be appreciated.


Thanks


T.A

What is the exact wording of the stay?

In the unlikely event the claim is still stayed, what do you what to do with it? (bearing in mind the decision of the Supreme Court given in 2009 you allude to) :huh:

Aquamania

Tangel wrote: »

I lodged it with the Court about 5 or 6 years ago and this was prior to the financial hardship process. It was when everyone was claiming.


Thanks for your help anyway.


T.A

If you were claiming on the basis of financial hardship, then then a court based claim was never the way forward. If you were in financial hardship at the time, then you should have informed the court accordingly and requested the claim was not stayed
(Chances are the bank would have paid out on a non-admittance, goodwill basis )

Aquamania

Did you follow any of the advice given to you 4 months ago?
https://forums.moneysavingexpert.com/discussion/4761622

If so, what was the outcome?

Tangel

Oh I was not aware my previous request was answered. It was a very long time ago and my ex husband dealt with it. I will just leave as is.