Stop Press - View On Oft/bank Announcement

Cherryb007

Hello everyone,
I've just had my hearing against Natwest on 12th September stayed :mad:

I'm going to appeal through the form N22 but I was wondering if anyone has had any success in overturning a stay yet?

I'm in serious need of some inspiration!!

Palerie-head

Screamapillar wrote: »

Myself and sister are both pursuing bank charges from HSBC. We have both agreed to settlement out of court, duly signed the acceptance and returned to them expecting the money to be re-credited to our accounts within the 14 days stated.

The 14 days have expired now and HSBC have now sent a new letter (with the same settlement offer) stating that they cannot accept the previous signed and accepted form they have received they have to send this new one to tell us about the OFT test case and get us to sign a new acceptance. The offer is exactly the same amount on the exact same form!

To cut a long story short about the lies being told to us about the FSA making them do it and telling me I didn't need to sign this new form but send it just in case! etc...

My sister had her hearing to today and whilst he stayed all other claims the judge ruled in her case that HSBC could not ask their customers to re-sign an acceptance form and thought the letter was just a delaying tactic. HSBC should count the 14 days from when the original acceptance was signed or they were in breech of contractural law. As a point, although it was not my case he was hearing advised me to summons HSBC with my own claim for non-payment.

I have spoken to HSBC this evening and told them I want my money by COP tomorrow or I'll go to the press and summons them but I thought I'd let all you HSBC customers in the same boat don't be taken in by this latest letter if you've signed an orginal settlement acceptance you do not have to sign anymore.

I'll update tomorrow the outcome. Hope this helps some of you out there!

Good luck with that!
My position is slightly different, but still with HSBC...
I was awarded judgement on 25th July (2 days before test case announced) and they should have paid up by 4pm yesterday. Bank have insisted that they haven't had the judgement from the court (even though I have faxed it, emailed it and the court have even re-sent it!!!) and they have no intention of paying because of the FSA direction.
I have now written to them, their lawyers, the court, and anyone else I can think of (inc Daily Mail financial pages and my MP!) because I am sick of them thinking they are above the law.

:mad:

tryingtowin_2

Hi Lindilou,

Thanks for your response. i have been on the MCOL website and printed of the form N244... bit unsure how to fill it in now thou, i issued my claim in May.

when i have filled in this form and attached a revised list, do i send it off with my claim form to the courts and bank, and then continue with my bundle, or do i send it all off together... sorry to be thick, i hate all this legal stuff.... finding it very worring...

thx.
Lisa.

Emstarlily

Hi guys

Sorry if this question has been asked a million times already but I can't seem to find an answer.. just wondering if the stay is on credit card charges too... I'm about to start proceedings against LTSB because I sent the warning letter over 3 weeks ago, and I've heard nothing. I'm just worried I will hand over the fee I can't afford and find out I've lost it in the system because they aren't looking at credit card charges either now.

raychmike

lindilou39 wrote: »

Annalisa here are the numbers you require:

Tel: 01264 834307
Fax: 01264 832238

Hi don't know if I should ring. Got to the court stage the Tsb didn.t enter a defence so I entered a request for judgement. Which has not been heard yet but have been told by the courts that it is unlikely to be heard until after the test case. Just received a letter this morning from their solicitors telling me that they have asked for a stay on all cases and will keep me informed blah blah. Does any one think it is worth ringing and what do you say? Personally I think it's an outrage that they can do this after defaulting on the defence. I'm sure I wouldn't get away with it. Thanks in advance, Rache

techspec

Dragonwings wrote: »

Hi guys

Sorry if this question has been asked a million times already but I can't seem to find an answer.. just wondering if the stay is on credit card charges too... I'm about to start proceedings against LTSB because I sent the warning letter over 3 weeks ago, and I've heard nothing. I'm just worried I will hand over the fee I can't afford and find out I've lost it in the system because they aren't looking at credit card charges either now.

They are not supposed to be affected. I have phoned the FSA and FOS, and both say they are not included.

But my claim against Barclaycard, has been stayed until February, 2008. Barclays are the main culprits for taking advantage of the waiver.

But i may be able to help you out with Lloyds TSB. If you print out the link below, Lloyds have helped your case, by admitting that they are not included (near bottom of page).

http://www.lloydstsb.com/ways_to_bank_with_us/answers_bank_charges.asp?link=side_navigation

Hope this helps.

lindilou39

tryingtowin wrote: »

Hi Lindilou,

Thanks for your response. i have been on the MCOL website and printed of the form N244... bit unsure how to fill it in now thou, i issued my claim in May.
when i have filled in this form and attached a revised list, do i send it off with my claim form to the courts and bank, and then continue with my bundle, or do i send it all off together... sorry to be thick, i hate all this legal stuff.... finding it very worring...

thx.
Lisa.

A copy to the court and solicitors and keep a copy for yourself, Bundle is not required at this stage, on your original claim form on the left hand side you will see Particulars of claim, underneath this write in red see amended Particulars attached.. Also attach this.

IN THE ****** COUNTY COURT (your claim no.)

Your name CLAIMANT


- and -


YOUR BANK
DEFENDANT





DRAFT / ORDER




BEFORE DISTRICT JUDGE

WITHOUT NOTICE

IT IS HEREBY ORDERED THAT



1) The Claimant be granted permission to amend the Particulars
of Claim as annexed hereto;

2) The amended Claim Form be re-served accordingly;

3) There be no Order as to costs.



Dated this day of 2007



I hope that helps...I,ll help you fill in the N244 when i see you online also with the proper outlay for what I typed above.

Emstarlily

techspec wrote: »

They are not supposed to be affected. I have phoned the FSA and FOS, and both say they are not included.

But my claim against Barclaycard, has been stayed until February, 2008. Barclays are the main culprits for taking advantage of the waiver.

But i may be able to help you out with Lloyds TSB. If you print out the link below, Lloyds have helped your case, by admitting that they are not included (near bottom of page).

http://www.lloydstsb.com/ways_to_bank_with_us/answers_bank_charges.asp?link=side_navigation

Hope this helps.

Thats great.. thanks techspec that does help, I feel a bit more confident about applying to the court now

TANZARELLI

Edinburghlass wrote: »

You must start your claim in the normal way following Martin's step by step guide in his article. More than likely the bank will come back and say they won't be doing anything until after the test case is over but if you have charges going back six years you must follow up the LBA and start a court action or your initial charges from six years ago will be time barred.

Please read Martin's emergency guide here...

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

I wouldn't wory about the charges being time barred for the reasons below.

If six years ago I was aware that the charges were unlawful then I would tend to agree. They will try to use the limitations act and the 6 year rule to minimise the amount of charges they have to pay out. However if argued using section 32 of the limitations act stating they have concealed the charges etc and back it up with other points and caselaw then we should be argueing from the time we realised the charges were unlawful. Not from the date you file your claim, as they lead us to believe as the cause of action is still within the primary limitation period (therefore 6 years runs from the time you were aware the charges were unlawful)

To clarify further I will try to explain this to you in a way in which you will understand.

If for example in January 1995 I was made aware that the charges were unlawful. Lets say I had been leaked the information from a bank employee and I wrote to the bank and supplied them with this information which proved the charges were unlawful and requested a refund of all the charges applied to my account, but the bank refused to pay back the money. The date which the limitation period started to run would be the time at which I discovered the charges were unlawful ie Jan 1995 (when I was supplied with the information). The limitation act states I therefore have 6 years to bring a claim to court so therefore I have until Jan 2001 to bring a claim to court before it becomes statute barred.

The banks will lead you to believe that the first charge applied to the account which you are claiming is when the limitation period starts.

I only became aware of it when the OFT credit card report was in the media in April 2006 not in 1996 when Barclays placed there first charge on my account, therefore the limitation period I beleive runs until April 2012.

Hope that clarifys things.

Tanz

techspec

Dragonwings wrote: »

Thats great.. thanks techspec that does help, I feel a bit more confident about applying to the court now

Don't forget you can claim for free via the FOS, but they are very slow.

They have had my lloyds card claim for over 2 months, and havent even looked at it yet.