Stop Press - View On Oft/bank Announcement

Jester

jonesys wrote: »

Sorry i cant answer your question. But wandering if you could tell me when you heard that your case was going to be stayed as iam also in court on the 14th August in Llanelli. I have heard nothing from the courts as yet, do you think i would have heard by now? also i have only had one letter from SCAM asking for more details and that was 12 June

Jonesys,

If you have heard from the Defendant's solicitors that they are applying for a Stay in proceedings, then it is worth you calling Llanelli County Court to ask them what is happening.
I'd not heard anything from Cardiff County Court, but others on here were aware that Cardiff County Court were granting the stay. So all I did was call the Court and ask for confirmation on what is happening. Cardiff CC confirmed to me that the Stay had been granted so I asked them what redress I had to reverse the decision. They told me to appeal using form N244 and that the usual £35 fee was being waived.

Each court is dofferent however and it all depends on the Judge that presides at that particular Court. So call Llanelli CC and find out what is happening. If you are lucky, then the Judge there will be proceeding as normal. If not then you will have the right to appeal as I did.

Stokey125

vansgirl69 wrote: »

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.

Abbey are wrong they will have to apply for the judgment to be set aside as they have not you should enforce the judgment by sending in the baliffs.

sunny69

I had a letter from Barclays dated 16 July offering me £425 of the £515 I was claiming. I replied to the letter saying that before I accept or decline the offer could they let me know how I would stand in claiming the £245 that has arisen since my initial claim was put in up to the present day of dated letter 17th July. So far I haven't received a reply from him and when I rang Barclays this morning the guy just kept saying everything had been frozen and he couldn't help and that it wasn't possible to speak to Jon Rice who sent the letter. Can anyone tell me if by accepting the £425 I can at a later date (depending on court outcome) put another complaint in for the outstanding amount. Hope that made sense to someone out there!

Ldut

Hi - we have been trying to reclaim our charges from Yorkshire Bank since March, originally told no so we started the court process - YB made sure they acknowledged and filed the defence in the appropriate timescales and we guessed we were in for the long haul. After the case at the start of July where YB did infact turn up in court and the judge ordered them to disclose their charges or settle, we suddenly received a letter from the bank's solicitors with a cheque for £200 - given that the claim in for some £2,700 and we had paid £120 to start the court process, we politely declined, and hoped things looked more hopeful for us as the bank seemed to now be on the back foot. The court process continued and now with the latest news on the test case we were intrigued to see what would happen next, and expected the whole thing to be put on hold. This morning we have received our court date for the 28 Sept, which was great news, but we are actually overseas on that date - just our luck. I phoned the court to ask what to do next, they asked me if I had filled in a Allocation Questionnaire showing the dates we weren't availbable, but I explained that I had previously spoken to someone when the case was transferred to our local county court as to what would happen next, and she said we may or may not be asked to fill the AQ in, the judge would decide once he had reviewed the case - he may just send a date through. So this is what happened, the date has come through and we can't make it. The lady today said that I have 3 options (more like outcomes)- 1) contact my bank and ask if they agree to a new date and for both of us to put this in writing (can you see them being this obliging) 2) if this isn't done within 14 days of the court date there will be a £35 charge, even if the bank agrees and 3) if the bank don't agree we have a separate hearing with the judge to explain why we can't make the date and it's up to him whether to move it or continue in our absence, this will cost £65. I have phoned YB today to try and speak to someone but apparently they don't have telephones in their charges department and I have to put it in writing, which I will do today. I just want to ask for advice really whether this is all a waste of time, presumably the bank will apply for a stay on the case anyway, not sure what the chances are of us getting to this court date, so is it worth paying £65 to change it when it might never happen (or at least not for the next 12 months or so). We are in a position that we really need this money we are claiming and don't want to give up on the process that we have spent so long on, plus be down £120 in fees. Can anyone advise what to do - how long would the bank take to apply for a stay, maybe it is worth waiting for this before attempting to change the court date? And if this is the case - how do we go about appealing against the stay, as we are not in a position to wait 12 months to see what happens with the OFT test case. Apologies for the length of this, first time I have posted on here and had to get it all in!

Beate

Twinkly wrote: »

Hear hear. :T

The attitude that its ok for the low earners and benefit recipients to be screwed out of what little they have so long as it doesnt affect 'your' free banking is disgusting. Anyone with such thoughts should be thoroughly ashamed of themselves for demanding that they be allowed to continue to live off the misery of others.

Applying the reasoning shown and giving an opposite view I cannot think of a single good reason why I should subsidise someones else's free banking with extortionate bank charges, especially when that charge has been incurred by anothers inefficiency in handling a direct debit or payment into my account. Fortunately I am not stupid and unlike some I do not subscribe to the theory that free banking is paid for entirely from revenue raked in from bank charges and the example shown is purely for illustration of the point.

If you are seriously gullible enough to believe your bank if/when it starts charging you more and blaming the loss of revenue from unlawfully high bank charges as the reason then you are begging to be ripped off by your bank and quite frankly, deserve to be.

Thanks for that, Twinkly.

The most important thing should be that we have to stick together as we all have a common goal. I am quite disturbed by the discussions cropping up everywhere about that it is all the fault of "people who can't take care of their finances and reclaim bank charges" that banks might decide to levy charges for running bank accounts. Banks are profit-oriented, if they lose one means of income, they will find another. There is no point in blaming anyone for it, other countries have had fee-charging accounts for years without this scenario.
<O:p</O:p

There are a lot of people in genuine hardship out there who by no fault of their own have been hit hard by unfairly high bank charges. It is those we really have to help now as it transpires that banks STILL take charges from people whose only income is benefits, and ignore the hardship rules that state that those cases have to remain open. Frankly, reading about these cases makes me more angry than anything else at the moment as it shows that banks never have and never will intend to play fair.<O:p</O:p

Edinburghlass_2

Ldut wrote: »

Hi - we have been trying to reclaim our charges from Yorkshire Bank since March, originally told no so we started the court process - YB made sure they acknowledged and filed the defence in the appropriate timescales and we guessed we were in for the long haul. After the case at the start of July where YB did infact turn up in court and the judge ordered them to disclose their charges or settle,

From what I can make out from your post, I would suggest you write to the court/judge and point out that the bank hasn't complied with the court's request and ask them to review your claim again in view of the this fact. Do you have anything in writing regarding this?

we suddenly received a letter from the bank's solicitors with a cheque for £200 - given that the claim in for some £2,700 and we had paid £120 to start the court process, we politely declined, and hoped things looked more hopeful for us as the bank seemed to now be on the back foot. The court process continued and now with the latest news on the test case we were intrigued to see what would happen next, and expected the whole thing to be put on hold. This morning we have received our court date for the 28 Sept, which was great news, but we are actually overseas on that date - just our luck. I phoned the court to ask what to do next, they asked me if I had filled in a Allocation Questionnaire showing the dates we weren't availbable, but I explained that I had previously spoken to someone when the case was transferred to our local county court as to what would happen next, and she said we may or may not be asked to fill the AQ in, the judge would decide once he had reviewed the case - he may just send a date through. So this is what happened, the date has come through and we can't make it. The lady today said that I have 3 options (more like outcomes)- 1) contact my bank and ask if they agree to a new date and for both of us to put this in writing (can you see them being this obliging) 2) if this isn't done within 14 days of the court date there will be a £35 charge, even if the bank agrees and 3) if the bank don't agree we have a separate hearing with the judge to explain why we can't make the date and it's up to him whether to move it or continue in our absence, this will cost £65. I have phoned YB today to try and speak to someone but apparently they don't have telephones in their charges department and I have to put it in writing, which I will do today. I just want to ask for advice really whether this is all a waste of time, presumably the bank will apply for a stay on the case anyway, not sure what the chances are of us getting to this court date, so is it worth paying £65 to change it when it might never happen (or at least not for the next 12 months or so). We are in a position that we really need this money we are claiming and don't want to give up on the process that we have spent so long on, plus be down £120 in fees. Can anyone advise what to do - how long would the bank take to apply for a stay, maybe it is worth waiting for this before attempting to change the court date? And if this is the case - how do we go about appealing against the stay, as we are not in a position to wait 12 months to see what happens with the OFT test case. Apologies for the length of this, first time I have posted on here and had to get it all in!

As above in red, you need to push the fact that the bank were told to disclose or settle and a cheque for £200 is not settling your case. Neither do I see that it is up to you to phone and bank and agree to a different date, but perhaps I'm wrong there. I would go with the option of having a hearing with the judge yourself and as soon as possible.

TimRose2007

Afternoon,

Stop me if this has been covered...I've filed my claim, paid my court costs, and got a hearing date from the court the day the announcement was made.
Still waiting to hear anymore - is there anything else I can do before the case (if it's heard) (which is in October...)?

Thanks,

Tim

(Land_of)_Maz

sunny69 wrote: »

I had a letter from Barclays dated 16 July offering me £425 of the £515 I was claiming. I replied to the letter saying that before I accept or decline the offer could they let me know how I would stand in claiming the £245 that has arisen since my initial claim was put in up to the present day of dated letter 17th July. So far I haven't received a reply from him and when I rang Barclays this morning the guy just kept saying everything had been frozen and he couldn't help and that it wasn't possible to speak to Jon Rice who sent the letter. Can anyone tell me if by accepting the £425 I can at a later date (depending on court outcome) put another complaint in for the outstanding amount. Hope that made sense to someone out there!

Hi Sunny,

you can accept the offer up to the date of your claim absolutely, and then you can (now or later) submit a new claim which will be logged but not acted upon until the big court decision is made.

Depends on whether you are currently still accrueing charges regularly, or whether this latest batch are likely to be the last you need to claim for.... If you're still accruing charges regularly, it will be a movable feast so wait until you are more financially stable. As long as you claim within 5 (scotland) or 6 years of the oldest new charges. Assuming the legal case goes in favour of us of course. Otherwise it might decide we're not entitled to claim!

Take what you can now. That'd be my advice!!! And if stable get a claim lodged now for the rest.... maybe even worth talking to the bank in person and seeing if any can be waived... with a promise of good behaviour in future!

Stokey125

Ldut wrote: »

Hi - we have been trying to reclaim our charges from Yorkshire Bank since March, originally told no so we started the court process - YB made sure they acknowledged and filed the defence in the appropriate timescales and we guessed we were in for the long haul. After the case at the start of July where YB did infact turn up in court and the judge ordered them to disclose their charges or settle, we suddenly received a letter from the bank's solicitors with a cheque for £200 - given that the claim in for some £2,700 and we had paid £120 to start the court process, we politely declined, and hoped things looked more hopeful for us as the bank seemed to now be on the back foot. The court process continued and now with the latest news on the test case we were intrigued to see what would happen next, and expected the whole thing to be put on hold. This morning we have received our court date for the 28 Sept, which was great news, but we are actually overseas on that date - just our luck. I phoned the court to ask what to do next, they asked me if I had filled in a Allocation Questionnaire showing the dates we weren't availbable, but I explained that I had previously spoken to someone when the case was transferred to our local county court as to what would happen next, and she said we may or may not be asked to fill the AQ in, the judge would decide once he had reviewed the case - he may just send a date through. So this is what happened, the date has come through and we can't make it. The lady today said that I have 3 options (more like outcomes)- 1) contact my bank and ask if they agree to a new date and for both of us to put this in writing (can you see them being this obliging) 2) if this isn't done within 14 days of the court date there will be a £35 charge, even if the bank agrees and 3) if the bank don't agree we have a separate hearing with the judge to explain why we can't make the date and it's up to him whether to move it or continue in our absence, this will cost £65. I have phoned YB today to try and speak to someone but apparently they don't have telephones in their charges department and I have to put it in writing, which I will do today. I just want to ask for advice really whether this is all a waste of time, presumably the bank will apply for a stay on the case anyway, not sure what the chances are of us getting to this court date, so is it worth paying £65 to change it when it might never happen (or at least not for the next 12 months or so). We are in a position that we really need this money we are claiming and don't want to give up on the process that we have spent so long on, plus be down £120 in fees. Can anyone advise what to do - how long would the bank take to apply for a stay, maybe it is worth waiting for this before attempting to change the court date? And if this is the case - how do we go about appealing against the stay, as we are not in a position to wait 12 months to see what happens with the OFT test case. Apologies for the length of this, first time I have posted on here and had to get it all in!

If you have travel insurance see if you can claim on that if you were to cancel your holiday. If you apply to change the date then Yorkshire Bank
might cross apply for a stay and in these circumstances would get it as you cannot make the trial date and it would have have to be vacated then might as well delay it until after the test case that would be Yorkshire Banks position. Another way around it is has Yorkshire disclosed the evidence as per the order if they have not apply for an order debarring them from defending for non compliance with the order. You will not get it but use the application and thier non compliance as grounds for changing the date.


Hope this helps

eherway

My court case was scheduled for 18th September at Brighton Court and today I received a letter saying that my hearing is vacated, the claim is stayed and that it will be reviewed in March 2008. I can of course apply to lift the stay which I will attempt to do on grounds of financial hardship.