Stop Press - View On Oft/bank Announcement

dogloverme

Dear Martin,
I would like to thankyou for all your help i am also on the consumer thread .
i am grateful for everything you have done but at this minute i feel like just giving up i am feeling downhearted tyvm
roxie
x:money:

dogloverme

thankyou so much

Marq_2

robbiet27 wrote: »

cheers for your reply marq - but to update you to my own claim against Nationwide on Friday they paid the whole amount including court costs and interest into my bank - so im way happy and had a cracking weekend.

Nice one brother:T

Marq_2

lorna_anne wrote: »

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

do you have house insurance or an RBS royalty card, check if they would cover your legal costs, please also bear in mind the the banks will and try and ask for your case to be put on hold until the test case is heard, but if you have insurance that will take it up, then go for it.

tres01

I assumed if the court said it would go ahead then it would. Ive been waiting since February and as much as i want to keep going is it worth it?! - if they try and get a stay on the day i think ill cry!!!!

lindilou39

jonesys wrote: »

Be prepared!
My case is on the 14th and was told last week it was definately going ahead.
I recieved a letter yesterday from SCAM to say they have put in a stay. And yes the court has just informed me they have agreed the stay.
i dont understand how they are allowed to get away with this. 2 working days before the case. How on Gods earth am i to get a defence in to uplift the stay by then. I am a normal middle class person who has to work 6 days a week to make ends meet and keep Lloyds TSB in profit. Not a high class Barrister who could just whip up a fab defence in maybe 30mins. To say im angry would be an understaement.

then why dont you apply to the court on monday to have the stay set aside...apparently on the penaltycharges.co.uk site there is a very good defence for having the stay overturned.

julie101stef

MSE_Martin wrote: »

I have just added the following Stop Press note to the bank charges article:

[FONT=arial,helvetica,sans-serif]EMERGENCY STOP PRESS NOTE. 26 July 2007[/FONT]

In a surprise announcement the Office of Fair Trading has announced it has agreed to a test case with seven major banks to decide the principles of reclaiming in the High Court. At the same time the regulator the FSA has said banks no longer need deal with complaints; the Ombudsmen is likely to suspend dealing with them too, and a request will go to the Master of the Rolls that all courts suspend current cases until we’ve had a test case. See the detailed Channel 4 news video of the piece (in which I was interviewed just after the news broke)

Why weren’t we told?

This was all agreed when the announcement broke this evening (a day before it was due to because of a leak). The documentation says consumer groups will be consulted; yet why was this fait accompli announced without any consultation?

Over a million people are reclaiming using this site, and hundreds of thousands through sites like Consumer Action Group, however as far as I am aware so far, none of the consumer groups were consulted before this was done. Why weren’t the people who’ve been driving this campaign asked for a view?

What should be done?

This has saved the banks an estimated £200 million in reclaims by the end of the year. After all the vast majority of people who tried got their cash. While I welcome a test case, the effective moratorium is a worry.

I hope the result of this is not “we get a decision that bank charges are illegal and they must pay out if asked” after all that’d be little better than the situation we’ve had until now; what we need to know is that if we win and bank charges are deemed unlawfully high, the banks will be told by the regulator “you took people’s money from their accounts without asking, something even the taxman can’t do, so you must give it back to everyone without being asked.” This isn’t chicken feed, it could cost the banks £10 billion.

What should you do if you’re reclaiming or planning to?

This shock announcement has left a confusing situation. What about people currently in the process? What about those who’ve been offered a payout (whether they’ve accepted or turned it down)? What about those for whom their claim was around 6 years ago and thus the statute of limitations means the delay will count their claim out?

Frankly, as yet I don’t have an answer. Yet I do intend to find out and will of course publish it in detail here. If you want those answers, please ensure you get the weekly MoneySaving e-mail where I will attempt to keep you updated.

Martin

PS If there are other outstanding questions please report them below (note these shouldn't be individual questions, but notes of principle I can get confirmed).

I have received a letter from Nat West bank stating that i must either accept an offer (which is minimal) or agree to wait until the trial case in February 2008. I wish to do neither as my case was just about to be given a court date. I feel that the letter is unfair and do not wish to sign. Am i allowed to ignore letter as Nat West have continually done or do i need to respond. The other thing i am confused about is that Nat West instructed solicitors, yet they are now in the background and Nat West are writin direct. Is this allowed, only i understood in law that if a solicitor was instructed then all correspondance had to go through them. Please advise

Thank you

agnes_2

tres01 wrote: »

My hearing against HSBC is to go ahead! They owe me £1700 in bank charges.
I called the court this morning (Clerkenwell & Shoreditch) and was told the hearing is still on. Im assuming its because i had the court date before the 27th announcement.
Guess HSBC will try to stall it - hopefully they will just pay up!!!:j

HI You are very lucky, congrats, no we over at the Cardiff hearing for tomorrow all had the date before the 27th but the judge has put a 'blanket hold, on all up to 600 of us!!:mad:

Knackered

So I don't have to read through 38 (thirty-eight) pages of thread, can someone please summarise what is going on here, and will it affect my current claim against MBNA credit card?

Just in a nutshell. Cheers.

debs81

to knackered

credit card claims are still ok. its just the straightforward bank charges who are having their cases put on hold due to test. luckily for me i did my bank account first and am now tackling my credit cards.
you are still ok to put in a claim for MBNA. just make sure that if you are taking them to court that you state it is a credit card charge case.