Stop Press - View On Oft/bank Announcement

DotingDad

Stokey125 wrote: »

As I and others have said above the fact of the issuing of the Claim by the OFT DOES NOT ACT AS A SUSPENSION OF A CLAIM. All claims which have already started will continue. The only person who can stay every case in every County Court in England and Wales on this point without separate applications being made is the Lord Chief Justice. Contrary to what some reports have said I do not believe the Master of the Rolls can give such a direction.


Michael

So are you saying that one could still go down the small claims route?

I was about to contact the FOS on behalf of my daughter rather than court partly because it was free and partly because I knew it would cost Abbey £400 win or lose!


We might be talking at cross purposes here. The FOS have told me on the phone this afternoon that they are suspending all existing claims and not accepting any new ones. As I understand it the banks have also suspended dealing with claims forthwith. The justification being this "Test Case." Yet they will almost certainly continue to apply excess default charges themselves in the interim!

martkerem

Martin, well done on your remarks on the channel 4. She always seems to be be slapped. I think the banks need a better spokes person, someone that at least shows some authority and credibility.

Surely, they are putting a hold on customers claims for going over their overdrafts while the issue of charge is debated in court, that their should also be put a hold on banks charging customers for going over their overdraft, until this is resolved? Anyone else think this is a bit one sided?

From Martin

nickmack

Stokey125 wrote:

As I and others have said above the fact of the issuing of the Claim by the OFT DOES NOT ACT AS A SUSPENSION OF A CLAIM. All claims which have already started will continue. The only person who can stay every case in every County Court in England and Wales on this point without separate applications being made is the Lord Chief Justice. Contrary to what some reports have said I do not believe the Master of the Rolls can give such a direction.

DotingDad wrote: »

So are you saying that one could still go down the small claims route?

I wouldn't necessarily discourage court claims at this time, but anyone who does proceed needs to be aware the claim could be stayed.

This doesn't mean an automatic blanket stay for every case, but HSBC and NatWest have already said they will apply to stay claims whilst the test case is running. On an individual basis this could be upheld by the County Judge.

I haven't had time to check all bank sites, but the wording suggest all banks are doing the same thing.

sossage

Couple of points.

-what about charges being claimed against banks not involved in this test case.

-also, isn't this only a test case in the English court system what about, for example, claims to be made in Scotland. Is there a moratorium on them also.

Stokey125

DotingDad wrote: »

So are you saying that one could still go down the small claims route?

I was about to contact the FOS on behalf of my daughter rather than court partly because it was free and partly because I knew it would cost Abbey £400 win or lose!

As I understand the position Yes. Although my post relates to cases that have already started. I am not aware of any provision which would prevent someone issuing a fresh claim pending the outcome of a test case. Whether the Court will issue it then automatically stay it is another matter. Incidentally if you are close to the limitation period it may be advisable to issue so that you are not statute barred from bringing your claim as and when the test case has been settled.

lids_2001

People still need to press ahead and write to your banks asking for the money back. this will mean your complaint is logged, even though the bank will not investigate it, so that when a decision is made you will get your money back more easily than going to court. But....

I personally will wait a few more days, everything is up in the air, we have the Tom Brennan case on Monday 30th July as well as this one. Once we have a little more clarification, I will continue with my claims.

dracula

:mad: I'm devastated at the news i heard this morning! The FOS have had my case for 7 weeks now, and i was expecting news relatively soon.
This whole thing has taken me alot of time and effort, as i'm sure it has for many.
The whole case has been ongoing since february claiming £2000 from Abbey.

I've read most of comments and see many many questions to which there are very few answers.

PLEASE PLEASE Martin lets have some answers from the "Money Wizard" himself or at least some guidance as what to do now.
Come on Martin you've been an inspiration so far dont let us down now!

s_bell_2

I'm gutted.i filed with the courts and ABBEY acknowledged my claim on the 23rd. I hope the court will not put this on hold as i've been at it for what seems like ages now!

dracula

Is it me or have the Abbey had wind of this for a while? they have been dragging their heals throughout

queenie_009

Hello everyone.

I'm gutted, and lost as to where I stand.

My court case was issued last Monday (23rd July)

The court case will (was going to) be served tomorrow (Sat 28th July)

In the mean time, I received a reply from the Halifax today (Fri), offering a goodwill gesture of £651 (half of what I was asking for). I called the bank when I received the letter, but I was told that their system was down, and they could not help me today, but I would have to phone back on Monday.

I dont know what do to, either accept the £651 (although I have asked the courts for the full amount of £1689 including court costs), try and negotiate a better offer from the Halifax on Monday, or to turn it down and wait for the courts process to take its turn (if that option is still open).

It was too late to phone the courts for advice, but I called the FOS, and all he could tell me was that the bank would have to offer the £651, but he could give no advice on the court claim, and he "understands" that the bank now do not have to offer anymore, until big picture is sorted out, which may take manys months, or several years.

Any suggestions would be gratefully appreciated.