Bank Charges OFT Test Case Discussion

Stokey125

yubyub31 wrote: »

Hi I am hoping someone might be able to tell me whether or not my bank can get away with making an offer and then telling me I have to sign a new disclaimer to get the money.
To put this in context an offer was made 29th June, however I didn't receive it, on 18th July I received a letter telling me I had to reply, I didn't know what it was about so I rang the number on the letter. This is when I found out an offer had been made. They agreed to resend the letter, which would take 7-10 days.
I received a letter dated 27th July on 31st July, which said I would get my settlement within 14 days of them receiving the signed acceptance. I posted back my acceptance of the offer on 1st August. The bank received that on 3rd August thanks to a postal strike.
On Friday 10th August I phoned my bank to check all was well and was told that they had to send me a new disclaimer, due to the OFT case, which could take another 7-10 days and then I would have to wait 14 days after that. Can they really move the goalposts like that?
Thanks for your help

In short no they can not do this. I would write back to them politely telling them that unless you have a cheque for the agreed settlement sum within 7 days you will sue them for recovery of the money.

TEX

TEX wrote: »

I have gone through the process of filing my claim. The bank has offered me a seetlement figure, which I stubbornly refused. I, then, sent them a proposal that I felt confortable with, which they replied that they were instructed to refuse. The bank's refusal came after the date of the waiver. Am I within my rights to change my mind and accept their first settlement offer as opposed to waiting for the outcome of the test case?:beer:

:eek: Could somebody please point me in the right direction with my above question, as I don't really want to wait another, say, 2 years to receive my settlement. I would be much obliged. Thanks

Stokey125

TEX wrote: »

:eek: Could somebody please point me in the right direction with my above question, as I don't really want to wait another, say, 2 years to receive my settlement. I would be much obliged. Thanks

Tex - the answer to your question is NO once you make a counteroffer the original offer is taken as refused and in normal circumstances is not open for later acceptance. That is the legal position as far as I understand it from when I did contract law sometime ago. Whether the bank will let you accept the offer regardless is another matter and is totally a matter for them they are not legally obliged to.

the_number_1

I was made an offer by my bank for a refund, which I accepted. I was told that the money would be in my account within 14 days of reciept of acceptance, after 16 days the money was still not there, I phoned my bank to see what the problem was they told me about this test case, they made the offer ( which I was happy with ) on the 18th of July will this offer still stand. I have all of the documentation could someone help me with this

Stokey125

the_number_1 wrote: »

I was made an offer by my bank for a refund, which I accepted. I was told that the money would be in my account within 14 days of reciept of acceptance, after 16 days the money was still not there, I phoned my bank to see what the problem was they told me about this test case, they made the offer ( which I was happy with ) on the 18th of July will this offer still stand. I have all of the documentation could someone help me with this

The banks are sup[posed to honour offers already made you have two options report your bank to the FSA for breach of the agreement. You can also write them a letter saying if they do not give you a cheque within 7 days you will sue them on the agreement.

charlie3010

Started my original claim in February. After months of trying to get a statement of charges, I put my claim in, in May. I had a letter stating that due to high number of claiments it would take 4 weeks. 4 weeks later I had another letter stating they would be in touch within another 4 weeks. My claim was for £5100 + interest. Last week, whilst I was on holiday, I had a later stating that they were quite within their rights and that the charges were legitimate but as a gesture of goodwill they will reimburse my account with £815, which they did while I was on holiday, and that they will close my case. DO I NOT GET A SAY IN THIS! I am not very happy that they have decided to close my case. I would rather wait until the test case has been heard. Apart from writing to them to state I am not happy, what else can I do? How many other people have they done this to? Just think how much money they will save themselves by doing this. Has anyone else had the same happen to them? All advice will be greatly received.

dbelle

I have a quick question..

Last week I was charged £34 by my bank for a failed Direct Debit. I called up to see if I could reclaim as it was my first offence (with this account anyway!) and she said all claims were on hold etc.

I've just had a note on my internet banking today saying that a £25 unauthorised overdraft charge is due to be applied on the 27th August (annoying as I've already swallowed the £34).

Can I ask for this not to be charged to me or are cancellations of charges not yet applied count in this holding of claims too?

JAY4_2

HI
Anyone out there, please help!!!!!!!!!!!!!!!!!!!!!!!!!!

I hve now completed all copies for my court bundle and Barclays bundle which has to be in by 17/8/07.

Can someone advise how I go about putting in a Stay, I do not understand, as someone has told me that the Bank will be there, and apply for the stay.

I do not seem to appear thick but I am as I cannot get my head around these forums as they seem to be all over the place

Court has advised me that case will continue as per dates as above, but to be prepared for the bank to be there and a application for a stay to be enforced, please can anyone help me??????????????

Many Thanks

Jay

Gneilikins@aol.com

allan1010

After a careful search through the articles and on the forum here, I don't believe I saw an answer to my question, equally I can't believe I'm the only one:

I applied to Barclays several months ago for copies of statements so I could total up my charges. As they were dragging their heels I also followed up with one of Martin's template letters asking simply for "Any and all" charges goingf back 6 years from the date of the letter to be refunded in full.
Eventually after making excuses to extend their time allowed to respond, they came back with a flat "NO".
I followed up with a "14 day letter" threatening court action which has had no response, unsurprisingly, since the OFT judgement came out in the interim.
Incidentally, the copy statements only arrived this morning (ALMOST 4 MONTHS processing time; they HAD to have them on hand to determine whether or not to accept or refuse my first letter, surely???)
My question is simple, the request has been made and denied, a second latter requesting further action has been ignored. Is it worthwhile going the court route and paying up front, or FSA route and if I choose the latter will the full value of my claim be protected against the ravages of the Statute of Limitations?
Thanks.... just wondering what to do for the best.

Joebloggs_2

I had raised a complaint with the FOS about unfair bank charges prior to the announcement by the banks and the OFT.

The FOS raised another claim for me after the announcement as i am in financial difficulties. The FOS has now stated that the new claim is for current charges as the waiver still applies to everyone trying to reclaim the last six years charges.

I had believed that if you were suffering financial difficulties then the OFT's waiver did not apply and the FOS had to investigate the claim against the bank for the last six years worth of charges.

Can anyone clarify the position.

Joe