Stop Press - View On Oft/bank Announcement

Dutchgirl_2

techspec wrote: »

Credit cards are still being dealt with by the FOS.

I don't think this is true. I sent my credit card charges claim to the FOS a few weeks before the news about the court case and I got my claim and materials returned with a letter saying that the FOS is awaiting the outcome of the case and that they sent a notification of my complaint to the bank in the meantime so it can be dealt with afterwards. There was no ambiguity about my claim being about credit card and not bank charges.

Unfortunate ... but they still encourage people to complain to their bank so that their case is on file.

shamrock7

shamrock7 wrote: »

Anyone Advice Please???

Still waiting for advice on this one if anyone is in a similar position??

techspec

Dutchgirl wrote: »

I don't think this is true. I sent my credit card charges claim to the FOS a few weeks before the news about the court case and I got my claim and materials returned with a letter saying that the FOS is awaiting the outcome of the case and that they sent a notification of my complaint to the bank in the meantime so it can be dealt with afterwards. There was no ambiguity about my claim being about credit card and not bank charges.

Unfortunate ... but they still encourage people to complain to their bank so that their case is on file.

I spoke to them last week, and they confirmed that credit cards are still unaffected. However, they have had my claim 3 months, so i think they are waiting it out anyway.

Lloyds TSB also confirm that credit card claims are still progressing:-

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

(Near bottom of page).

Palerie-head

shamrock7 wrote: »

Anyone Advice Please???

Hi shamrock

I think you should write to the bank, send it special delivery and copy in the Financial Ombudsman. State the details as you have above and tell them that you are aware that they have been advising an 8 week time frame to respond to complaints and as such your claim should have been dealt with before the test case was announced.

You have been disadvantaged by their administrative incompetence and you should definitely take it further.

Hopefully the FO will give your bank a shove and tell them to sort it out with you. Mind you, looking at the directive from the OFT is does only say that the banks have to honour settlements offered pre 27/7 - but they might get a good slap from the FO for messing you around.

I hope that helps. Chin up!;)

denny250

anyone seen the latest

http://news.bbc.co.uk/1/hi/business/6960358.stm

seems barclays have been told to stop charging until the test case

I quote the bbc

"A judge has stopped Barclays bank taking any more penalty charges and interest from a customer who sued for their return. Judge Abrahams, at Luton County Court, has ordered Barclays to stop applying the charges until a High Court test case settles the legal issues involved."

I wonder how that affects the rest of us

Stokey125

denny250 wrote: »

anyone seen the latest

http://news.bbc.co.uk/1/hi/business/6960358.stm

seems barclays have been told to stop charging until the test case

I quote the bbc

"A judge has stopped Barclays bank taking any more penalty charges and interest from a customer who sued for their return. Judge Abrahams, at Luton County Court, has ordered Barclays to stop applying the charges until a High Court test case settles the legal issues involved."

I wonder how that affects the rest of us

This is a case specific decision and is not binding on other judges. Having said that other judges may be persuaded to follow this decision where the imposition of the stay would cause hardship. It may be an idea rather than applying to have a stay lifted where it has been made of the courts own motion to have it varied so that it provides that during the period of the stay no further charges are to be imposed. If enough courts adopt this practice the banks might decide to apply to lift the stays.

PoorPete

It's worth reading that article...

My wife and I both claimed our charges from Halifax, totally nearly £3000. We were both offered less than 25% of our claims which we both declined on the phone and we both received the money in our accounts afterwards... Mime was taken back out my account the night before the test case announcement leaving me overdrawn, for which they charged me again.

My account has been forced to close because of the vastly increased charges since we made our claims, and my wife has had over 25 £39 charges in the last 4 weeks. They have killed us with charges. They have bounced cheques even when there was enough money to cover them... We both feel we have been victimised by them. We have made a complaint to the FO and they think we have a case seperate from our bank charges.

The above case could be an answer for us and many. I asked it when the test case was announced and have been told 3 different things... Halifax say the case is to deside if the charges are fair not legal so they stand. OFT says I should push not to have charges till case is concluded and FO say it would mean huges charges if banks win... Interesting situation. What do you say Martin, shouldn't the charges be stopped till case concludes?

PoorPete

Crying_over_spilt_milk

PoorPete wrote: »

It's worth reading that article...

My wife and I both claimed our charges from Halifax, totally nearly £3000. We were both offered less than 25% of our claims which we both declined on the phone and we both received the money in our accounts afterwards... Mime was taken back out my account the night before the test case announcement leaving me overdrawn, for which they charged me again.

My account has been forced to close because of the vastly increased charges since we made our claims, and my wife has had over 25 £39 charges in the last 4 weeks. They have killed us with charges. They have bounced cheques even when there was enough money to cover them... We both feel we have been victimised by them. We have made a complaint to the FO and they think we have a case seperate from our bank charges.

The above case could be an answer for us and many. I asked it when the test case was announced and have been told 3 different things... Halifax say the case is to deside if the charges are fair not legal so they stand. OFT says I should push not to have charges till case is concluded and FO say it would mean huges charges if banks win... Interesting situation. What do you say Martin, shouldn't the charges be stopped till case concludes?

PoorPete

I too have been ripped off by Halifax but that really takes the biscuit! THey just have no qualms about what they do, do they?!?!

Do keep us updated on your progress with them and the best of luck and most of all - keep up your stamina - you'll need it to unravel that mess they've made!!

Jester

Agnes wrote: »

HI Jester And Jonesy in particular, about Cardiff and anyone else involved in 14th August, 'blanket stay' You say you read about 12 of you being stayed,do you know there were between 500 -600 of us ALL set for the same time 10.30 on that day, all transfered a second time from our local court, obviously a set up, I smell a RAT, according to a case (Refer to the following)Claim Number: 7QZ63543
Claimant: SarahApples
Defendant : Barclays Bank plc
North Shields County Court
16th August 2007

The Bank representative asked for a stay in all three cases. The Judge asked if the Bank had submitted applications for stays into the Court he said they had The Judge replied' Actually no you haven't at all!' The Judge went on to say he did not think much AT ALL of the Banks asking for blanket Stays - when they do not actually apply for them the correct way ( individually and with a £65 cheque attached).

Hickinbottom has not behaved in the fair way that many other Judges have throughout the country, I believe Wales is the only place this has happened Many of us went down there, but not enough to do any justice, but we handed in objections etc. We have all written the letters to the MOR, our MP's Rhodri Morgan, and anyone else the Western Mail, the South Wales Echo, the banks are being helped by the court here and it shouldn't be allowed!

MARTIN IF YOU ARE OUT THERE READING WHY CAN'T WE DO SOMETHING ABOUT THIS THEY ARE TREATING US SO BADLY AS IF WE DON'T EXIST ANYMORE. THE COURT , THE FSA AND THE OFT ARE ALL WORKING FOR THE BANKS.

Agnes,

I believe that the courts are so overwhelmed by the amount of these cases that they are simply trying to get some relief from it all and therefore granting the Stays so that they don't have to do anymore work on it. Rather than being on the Banks side, they are simply creaking at the seams trying to deal with the avalanche of Bank Reclaim cases.

However, that does not make the actions of the Courts any more excusable as they are, as you point out, simply making it easier for the Banks.

I applied for the Stay to be removed on the grounds of financial hardship (I am unemployed), but to date the Court has not even given me the courtesy of an answer to explain what is happening.

The whole thing has simply crashed into one disastrous mess since the FSA/OFT got involved. The silence has become deafening. Neither the FSA or OFT is prepared to make any comment on the massive mess they have caused by making an agreement with the banks behind closed doors without any consultation with the consumer groups. Hence the reason that everything is so confused and up in the air.

The fact that Martin has been so quiet of late leads me to believe that he is also being met with a wall of silence from the FSA/OFT as Martin ALWAYS puts the latest developments up on the site and makes an announcement here.

We all just have to stick together and help one another through this. I'm sure that someone will work out a way forward soon. Have faith. We have got this far. How many of us would have got this far without the invaluable help of Martin and all of the mods to be found here on the forum ?

I for one and very glad I started the proceedings I did and am very grateful to EVERYONE who has helped me along the way with tips, advice and help.

I'm sure that as soon as Martin/CAG etc have any inkling of our next steps then we will be the first to know.

Frustrating ? Yes. All over ? Absolutely not. I've not heard the fat lady sing yet !!

agnes_2

Jester wrote: »

Agnes,

I believe that the courts are so overwhelmed by the amount of these cases that they are simply trying to get some relief from it all and therefore granting the Stays so that they don't have to do anymore work on it. Rather than being on the Banks side, they are simply creaking at the seams trying to deal with the avalanche of Bank Reclaim cases.

Hi again, I haven't quoted your whole post, just to save space While all your points are true reasons for the courts being overwhelmed that is not our fault the courts should have applied more pressure on the banks to pay up earlier not one of the banks has ever complied with the laws on submitting bundles to the claimant or courts, they have got away with delaying tactics, they submit their defence after the allowed time, they do not pay even when judgement is filed . against them, they default on all time structures, doesn't this show the courts are favouring the banks, you wouldn't get away with it. if claims had been dealt with swiftly this backlog would never have accumilated I started my claim in January, supplied all required info, posted everything to Barclays and courts recorded delivery, apart from the defence filed by the bank, I never got a single reply to several letters to Barclays After dialog via email with the litigation clerk I am sure I was about to receive my settlement and then lo & behold the case was stayed. Like everyone else, I need this money ( £1,091,) to pay off some of my debt Also I was under the impression that the MOR stated no blanket stays, the banks should apply individually with a fee of£65.??