Stop Press - View On Oft/bank Announcement

clairabelle1374

this whole issue is a nightmare and again is a perfect example of how the banks treat their customers with nothing but contempt!!!! What I want to know now is I have received a paltry offer from Abbey, which I accepted a PART settlement of the nearly £3.5k they have stolen from me over the last 6 years, and I was just about to start court proceedings when this latest bombshell broke - what do I do know? Can I still start the court proceedings? I know the banks have suspended all claims, but what about the courts? Can anyone help?

Edinburghlass_2

Gemma7 wrote: »

i could someone tell me if there is anything i can do or if i just have to wait now, I was supposed to have received the letter this week with barclays offer, i'm a single mum and that money would have been sooo helpful we struggle as it is. thanks

Accept the offer in part payment and without prejudice but make it clear that you will be continuing with your claim once this text case has been heard and that you want your case left open for the foreseeable future. At least that way you will have some money in your bank.

If you don't receive the letter with the offer, write to the bank and ask for it to be sent again. If you dealt with this on the phone, write and tell them that and give them dates of the phone calls.

Eowyn3066

The really annoying thing is ... if the the banks has replied to most of us within the 40 day guideline then we wouldn't be in this position now.

Our cases would be over and the money would have been refunded. Most of us seem to have claims dating back at least 2-3 months.

The fact that the banks have been dragging their heels so badly really smacks of major delaying tactics, does it really take 90 days to send someone details of their charges or copies of their statements???????? Surely it's all automated, they just punch in your account details, order your statements and send them - how long can it take. Lets face it the entire system is automated, and they manage to send out default charge letters fast enough!!!

Surely those of us whose banks took longer than the 40 days (which is supposed to be the maximum time they can take) should still have our cases dealt with. After all we wouldn't all be on hold now if they had remained within the timeframe imposed on them by the FSA.

Why should we be penalised for their shoddy timekeeping?????

frugalpam

You can still make a court claim as far as I'm aware, so that it's 'in the system' - by all acoounts though it could take a year for the test case to be heard/decisions made.
Lucky are those who got their claims dealt with and got their money back plus interest and court fees. Wish I'd been one of them. I hope the fact that the banks have already refunded millions of pounds already is taken into account when decisions are made, and that the rest of us are treated the same.
WHY did I ever stress myself out taking out a Court Claim ?

clairabelle1374 wrote: »

this whole issue is a nightmare and again is a perfect example of how the banks treat their customers with nothing but contempt!!!! What I want to know now is I have received a paltry offer from Abbey, which I accepted a PART settlement of the nearly £3.5k they have stolen from me over the last 6 years, and I was just about to start court proceedings when this latest bombshell broke - what do I do know? Can I still start the court proceedings? I know the banks have suspended all claims, but what about the courts? Can anyone help?

Gemma7_2

If you don't receive the letter with the offer, write to the bank and ask for it to be sent again. If you dealt with this on the phone, write and tell them that and give them dates of the phone calls.[/quote]

the only problem is the bank haven't sent a letter and when i phoned them yesterday they said they won't be sending anything now until the case is over!

Stokey125

A lot of the confusion that appears from the boards has been caused by the way this matter has been handled by the media. It was initially reported on Breakfast TV as if there was to be a hearing of the action yesterday. In fact teh OFT was issuing the claim. Also it was not made clear that the OFT case did not affect existing cases or prevent anyone commencing a case. Had this matter been properly reported and these points made I think that most of the people who have been posting questions on the various threads would not have needed to.

zzzLazyDaisy

Re Time limits - limitation of actions means that you must start court proceedings within 6 years of the wrongful charge. Each charge is a separate issue, so even if one of your charges falls outside the limit due to delay in starting the court proceedings, you can still proceed with the later ones.

The only way to protect claims from falling outside the limit is to start court proceedings. Once proceedings are started, the 6 year limit is irrelevant. So if you wish to protect your right to go to court, the best thing to do is to make the claim and let the courts put it on hold pending the test cases.

Also, if the test cases eventually go against the banks, everyone with cases in the system would be entitled to apply for summary judgement (ie without the need for presenting the full case at a hearing) on the basis that the bank's case has no prospect of success.

If the court case goes against the banks, there will be a huge backlog of both old claims and new claims. If the claim is already in the court system, the banks are going to payout much more quickly on court judgements than on random claims within the system

johnnynonails

hi all is it still worth doing mcol , or just waiting getting confused here, very easily done lol just dont want to lose me money of tsb , cheers jill

BigNige

well done Martin!

Nick74_2

After reading loads of threads, I think the best thing to do is to carry on with the next stage of your claim.
I'm at the MCOL stage, claiming 2.5K from Nationwide.
Don't let the Ba*****s grind you down!!!!