Stop Press - View On Oft/bank Announcement

katy_essex

I have just received a letter from my bank refusing to refund the charges i've paid, therefore i was about to start court action. However having just read about the OFT test case, I'm wondering if i should still start the court action immediately or do i wait for the outcome of OFT test case first?

Jester

Dogman wrote: »

Hi

HAs anyone had their cases put on hold by the judge as a result of the OFT decision. On Friday last I had a notification that the judge hearing my case had put on hold the hearing until after the OFT case.

If I am reading things right this is not what Martin has said should happen as the Chief Justice has not directed this. It says on the form I can ask for the jearing to go ahead but if I do is the beak going to take a dim view of me.

I've been trying to get my charges (several £ks) since December last year and I don't really want to wait until december 2009 whilst the appeal process is gone through.

My question is can anyone advise my best way forward

Hi Dogman,

If you read back up the threads just one page, you will note that both Shelley and I have been comparing notes as we are in the same situation. Cardiff County Court has placed a stay on all claims (which is a bummer as we were both due to have our hearing on 14th August).

When I spoke to Cardiff County Court this morning, they told me that I can appeal to have the Stay overturned. You need to fill in form N244. There is a discussion ongoing on the Consumer Action Group about how to apply for removal of a stay. You can find it here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108427-application-removal-staty.html

Though you may need to register on the site to read it all. However, it gives a full template and instructions on how to file an N244. Be aware though, it is specific to HSBC and so if you are with another bank then you may have to adjust it slightly from what they tell you.

Filing an N244 usually entails a £35 fee. However, Cardiff County Court have told me that the Judge is waiving this fee.

I also included a cover letter stating my objection to the Stay and why I felt it should be removed in addition to everything I put on the N244. I am also claiming financial hardship due to the fact I recently lost my job and am unemployed.

Hope this helps.

rapierman

Jester

just followed your information and printed of a "order of Stay" form as i am due in court on the 14th with HSBc, in Cardiff, so i shall be sending it off tomorrow, as soon as i have spoken to Cardiff Courts 1st & checked tonights post.

Jester

rapierman wrote: »

Jester

just followed your information and printed of a "order of Stay" form as i am due in court on the 14th with HSBc, in Cardiff, so i shall be sending it off tomorrow, as soon as i have spoken to Cardiff Courts 1st & checked tonights post.

Hey Rapier,

From what I can gather, Cardiff County Court is about to be inundated with N244's in protest from everyone due in Court on the 14th. The more of us object, the more chance we have of getting it overturned. I started this whole process back in January and I aint about to let HSBC/First Direct get off with it through their delaying tactics. The way they have behaved over the last few weeks leads me to believe that all of the banks knew the OFT thing was coming.

Make sure you include a time-line of events to show the judge how they have been stalling and generally treating both us and the Courts with contempt.

Maverickone

Hi everyone,

i've had my Barclay's Bank claim stayed recieved notification on saturday due to the postal strikes and had till today to reply, does anyone know if it is too late to appeal against the stay?

Most importantly, i recieved today a court letter saying my Barclaycard Claim is stayed until the OFT case is completed, and also because of the postal strikes it was late i have until today to respond? I thought credit cards were still okay?

because i work night shift i've literally just got up which means there is no way i can get anything done to appeal against the stay today, what do i do now?

Any advice would be much appreciated cheers all x

vansgirl69

I am a newbie to this site so please bear with me if I am in the wrong thread then please accept my apologies. Just had my Judgment For Claimant (in default) made in my favour however the ABBEY is still refusing to pay saying they don't have to due to the pending court case in the High Court. They told us that they could not discuss any customers accounts because of the test case. My judgment was actually made against them on the 23 July 2007 so therefore surely they should abide by this as judgment was made before the OFT announcement last week. We are considering instructing the Bailiffs to go in but if they still refuse to pay up is it worth spending £55 any advice would be appreciated.

moneyreclaimer

Spoke to Barclays on Friday and they told me about the OFT taking the banks to court and about the suspension of all claims. This was the first I had heard about this action and was rather p%**ed off!! Unfortunately from the off-set we had hardly any working capital when we started the business and as we got busier and busier things spiraled (but not totally out of control). We were working out way out of our £5,000 overdraft, but when charges were constantly been taken from our account, how can you?? One quarter they took £1300 in overdraft interest, transaction fees (including £900 paid referral fees) and then bounced my mortgage, putting my children's home at risk. This was why we started the action. As Martin advised we obtained six year's worth of bank statements (this was easier than obtaining them from archives) and sent a cheque for £10 (they later sent it back saying it was a free service).
Once we calculated how much they owed us (over £7,000!!) we wrote again claiming this amount back and gave them 14 days to reply. This was handed to them on 25 June 2007. The letter they sent back to us gave us a date of 9 August when they would write with a reply - more than 6 weeks after our claim was put to them. It was quite obvious that this date was because of the impending court case - WE WERE NOT TOLD!!
Barclays office told us that it was unlikely that OUR claim would be affected due to the fact that the claim had already been put to them.
We are confused because all the evidence states that our case will be stayed like the rest - is the information correct? They were just as confused as the rest of us.
On Friday I also told them that Barclays did not want us as a customer and we did not want them as a bank, so if they could settle our overdraft (amicably) in return for us dropping our claim we could say goodbye to one another for good.
It is very unfair for those who have already started their claim to have it put on hold like this - perhaps this should apply to new claims?

gillt_2

Hi toniq!

Well, I waited until 3pm today and no call back from Miss Judd - so I phoned her. Nice young man answered and said she was out of the office all week! He couldn't find any record of our conversation, so had to go through the whole saga again. He promised to make some calls and get back to me by the end of the afternoon. 20 minutes later, a call from a Mr Port from RBS. Although he was very understanding and could hear how frustrated I was (me frustrated? - hopping, spitting, furious more like!), the bank had to blah, blah, blah ..... Said I fallen into a 'black hole'! He said the new letters would be out within 5 days. Told him if I had not received letter by Friday I would call him back. I just feel totally paralysed by all of this. If I had left my students' coursework lying around for 10 days without looking at it, I'd be in the Head's office having my competence as a teacher called into question! How can the bank receive a letter and not even acknowledge its receipt after 1o days?

Must calm down now - I bet my blood pressure's through the roof! This money was supposed to be helping to solve my financial problems - not add to them!

gillt

vansgirl69

If anyone has any advice I would be very happy. Here goes, just had my Judgment for Claimant (in default) against the ABBEY. Went into the branch this morning and asked them when they will be crediting our account. We were left waiting for about 10-15 mins (or until the Branch Manager could be bothered to get up from his chair) when he eventually turned up to speak to my husband and I he refused saying that as all cases had been put on hold they are not allowed to discuss customers claims. I pointed out to him that my judgment against themselves was made on the 23 July 2007 surely they should abide by the courts ruling and they should pay up seeing as my judgment was made before the OFT announcement last week (27 July 2007) we are now wondering whether to go ahead and appoint the Bailiffs, but we are not sure it will be worth it if the banks still refuse to pay any advice would be appreciated.

lindilou39

vansgirl69 wrote: »

If anyone has any advice I would be very happy. Here goes, just had my Judgment for Claimant (in default) against the ABBEY. Went into the branch this morning and asked them when they will be crediting our account. We were left waiting for about 10-15 mins (or until the Branch Manager could be bothered to get up from his chair) when he eventually turned up to speak to my husband and I he refused saying that as all cases had been put on hold they are not allowed to discuss customers claims. I pointed out to him that my judgment against themselves was made on the 23 July 2007 surely they should abide by the courts ruling and they should pay up seeing as my judgment was made before the OFT announcement last week (27 July 2007) we are now wondering whether to go ahead and appoint the Bailiffs, but we are not sure it will be worth it if the banks still refuse to pay any advice would be appreciated.

I would phone the court if I was you and ask their advice, tell them that you have been into your branch and what you were told by the manager, see what they suggest first, they may even tell you to execute a warrant.