Stop Press - View On Oft/bank Announcement

omissimo

I can't believe all this is happening, I'm really angry about it. Surely with the combined power of all the consumer action websites we can get the decision to put a hold on the claims overturned or convince the courts to carry on hearing cases so people can get their money back.

It is obvious that this is just another stalling and money conserving tactic by the banks. They will still have the use of their ill gotten gains to make more money until the case is heard AND to add insult to injury they can still make charges to our accounts. Whereas we are unable to do anything and are deprived of what is rightfully ours for even longer, it's a joke!

We must make a stand and fight this to the death (metaphorically speaking)!

Martin what I would like to know is:

1) If you apply/applied for the banks defense to be struck out what will happen with that?

2) We can apply to have the stay overturned, has anyone done so and with what level of success? (penaltycharges.co.uk have templates for this) maybe your legal friends could look into it?

Stokey125

rhen wrote: »

I was just about to post my complaint to the FO when the news broke last week. What I don't understand is the issue of Scottish Law being seperate. Following this test case, would scottish claims be treated the same as english ones?

The short answer is probably no as a decision from the High Court in London is binding in England and Wales but only persuasive in Scotland and Northern Ireland. The courts in Scotland and Northern Ireland will not be obliged to follow the High Court decision

amanda29kb

Hi everyone,

Don't know if this has been answered but I can't the answer anywhere. Both myself and my husband have claims in (£3000 & £1200) and we are only at the second stage of things, i.e; we sent in our claims and we received standard letters stating "it takes 8 weeks to investigate" (Barclays), I received my letter July 12th and I believe my husbands was the end of June. Does this mean our claims will not be looked at now? Do we just sit back and wait for the letters telling us that its hard lines we arn't getting anything or can we still do something when the 8 weeks is up?
I am really confused and upset by it, I was hoping that we would be able to straighten ourselfs up a bit financially but it seems like we have been kicked while we are down as usual!!
Can anyone offer a glimmer?

Thanks
Amanda

cat_matt

lindilou39 wrote: »

If you,re using the FOS to claim from then yes it is their timescale..if you are issuing a claim through the court then it is your timescale and as the OFT have ruled a test case then I would proceed as normal then get your claim in with the court asap as you will come under the Statute and Barred Act.

Could you tell me what the statute and barred act is please?
cat
x

Stokey125

cat_matt wrote: »

Could you tell me what the statute and barred act is please?
cat
x

This is a reference to the Limitation Act 1980 under which proceedings become statute barred and can not be bought in the courts after 3 or 6 years depending on the type of proceedings. In this case the period is 6 years. There are exceptions to this general rule

Marq_2

lorna_anne wrote: »

Hi Marc,Just to let you know the bank has totally stone walled me with regards to my claim. So now I'm getting MEAN!!I have been in touch with my local Civil Court to ask advice on the process of my claim since the news of the OFT statement. I was told that I can still apply through the courts that they have not been told differently and that my bank has stalled me throughout my claim could go in my favour. Sooooo...here I go today to get the ball rolling through the courts.I'm nervous but very clear in the fact that I won't let the banks dictate to me how to proceed with this issue. I will let you know how things go.Thanks again for all your advice and support.Lorna

you go girl, as long as you see it through to the end you will be fine, it is a scary process but one that has to be done, we've been bullied by these banks for years, the tables have turned, they don't like it, remeber you are not alone everyone here is rooting for you, go on, nice one:D

Jester

shelley24 wrote: »

Jester,

I am due to attend Cardiff Court on August 14th as well, i rang the court yesterday and was told they will be granting a stay and they are trying their best to send all letters out quickly, i havent yet received a letter but i am taking that as its definitely stayed. I will be sending of an application to have the stay removed after speaking with many other Cardiff attendes over on the CAG forum. They have been a great help. Go and take a look at a few hsbc threads over there and you will discover a load of other people who have been stayed by HSBC (and a lot who are due to go to Cardiff) and what they are planning to do. I dont think we can give up now as we were so close, there are definitely now no guarantees but i feel like ive gotta try until the fat lady sings, so to speak!

Hi Shelley,

Thanks for that information. I am a member on the CAG site as well but don't frequent it as often as here. I'll go over and have a look.

Marq_2

Stokey125 wrote: »

While noting what you say and while you may be correct that some people may be shouting thier mouths off as you put it. I am sure that I am not the only person who gives a view which is based on personal knowledge while not being legally qualified. Do feel free to have a look at my posts and let me know if you disagree with the views expressed.

cheers for the message stokey, but again i'm not here to disagree with people, although some of the messages people are giving are quite frustrating, as they are not totally accurate, but as you say it's their personal view, the point i was merely making was that so far my experiences of this site are about poeple trying to out do each other with their veiws, when i'm merely explainig how it works form the inside, i'm here to offer moral support and help, and although some of my advive will be directed at one particular person and their experiences, it is still correct and not dangerous. I'm not here to ruffle peoples feathers just to do a job, i'm sitting here using my 100% accurate infomration system. Maybe if i explained a little more about what i do it may help. I'm not a volunteer for CAB, i am a paid trainer and consultant, I currently specialise on young peoples law, consumer and debt, but i can still give accurate generalist advice on anything, and i do it from our award winning system, so sorry bud but i am not here to disagree, your intitled to your very valid opionions (i'm very bad at spelling sorry, dyslexia) and i'm sure you would not say anything carless or damaging. Peace love and empathy.

Edinburghlass_2

amanda29kb wrote: »

Hi everyone,

Don't know if this has been answered but I can't the answer anywhere. Both myself and my husband have claims in (£3000 & £1200) and we are only at the second stage of things, i.e; we sent in our claims and we received standard letters stating "it takes 8 weeks to investigate" (Barclays), I received my letter July 12th and I believe my husbands was the end of June. Does this mean our claims will not be looked at now? Do we just sit back and wait for the letters telling us that its hard lines we arn't getting anything or can we still do something when the 8 weeks is up?
I am really confused and upset by it, I was hoping that we would be able to straighten ourselfs up a bit financially but it seems like we have been kicked while we are down as usual!!
Can anyone offer a glimmer?

Thanks
Amanda

As it is very likely that the next letter you receive from Barclays will say that all claims are suspended I would send off your next letter threatening court action in 14 days and then on the 15th day if you haven't heard then start court action. If you don't start the court action you'll find that your charges from 6 years ago will be time barred once the test case of over.

Have a read of Martin's Emergency Guide here...

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

lorna_anne

Marq wrote: »

you go girl, as long as you see it through to the end you will be fine, it is a scary process but one that has to be done, we've been bullied by these banks for years, the tables have turned, they don't like it, remeber you are not alone everyone here is rooting for you, go on, nice one:D

Hi Marc!I am now having to look into the court action abit more! I have found out that because of the amount I am claiming the bank for is over small claims amount, my claim would fall into Ordinary Claims Court (£11,400.56 including interest) As this is more complicated than the small claims procedure, I have been told to seek advice for a solictor. I am a bit apprehensive as I don't have the money to pay a solicitor to represent me, as I am off work on long term sick leave. Do you know if they can work out some sort plan, say if my case looks to have a healthy chance of being won that they would wait until the case is won to receive payment (like no win, no fee?) When I spoke to the bank about my case and they told me that my offer was on hold due to the test case and because I only was told verbally that I would receive a settlement. They said they would pay money into my account for charges they made to my account last month as a good will gesture and because these charges did not fall into the frozen charges that I was claiming. I have received that money. (£117 to be exact). Does this not prove they are admitting liability?? Am I grasping at straws here!!!I'm just concerned if I don't proceed with going to court that my claim will be time barred. Any advice would be great. Lorna