Bank Charges OFT Test Case Discussion

meeshyc

i wonder if someone can help.

underway with Abbey re: reclaiming charges. They refused a couple of times, then made an offer (it was a poor offer), which i refused in writing and asked them to reconsider..(all as per the advice on this site). I then also wrote to Financial Ombudsmen just around the time of the announcement re: test case.. but continued, so that the claim/complaint would be with FSO.

then Abbey wrote saying that when the FSO wrote to them, they reviewed the case file and saw that they'd written to me explaining their decision to refuse refund etc. and that now they've contacted the FSO to confirm their (Abbey's) review of the complain ... they finished the letter by saying that FSO have updated their records accordingly.

i'm quite confused as i was simply waiting for the test case to proceed/conclude.

now i don't know how or who to reply to? Abbey and or FSO?

please help!! thanks

boo_star

meeshyc wrote: »

i wonder if someone can help.

underway with Abbey re: reclaiming charges. They refused a couple of times, then made an offer (it was a poor offer), which i refused in writing and asked them to reconsider..(all as per the advice on this site). I then also wrote to Financial Ombudsmen just around the time of the announcement re: test case.. but continued, so that the claim/complaint would be with FSO.

then Abbey wrote saying that when the FSO wrote to them, they reviewed the case file and saw that they'd written to me explaining their decision to refuse refund etc. and that now they've contacted the FSO to confirm their (Abbey's) review of the complain ... they finished the letter by saying that FSO have updated their records accordingly.

i'm quite confused as i was simply waiting for the test case to proceed/conclude.

now i don't know how or who to reply to? Abbey and or FSO?

please help!! thanks

You'll write to Abbey Customer Care. The FOS won't do anything until you go down that route.

The best you can do now is lodge a "complaint" unoless you're claiming financial hardship when you may be able to take it to court.

Xzane

Is it worth contacting natwest now and ask for my money, it was put on hold in july 07 due to this test case.. What kind of letter would i send now, i already did all the steps back in july, then got that letter saying everything is put on hold etc etc..

natweststaffmember

The same letter would be received re bank charges cases which are still on hold pending the OFT test case conclusion.

andrewman

evening all. I have a claim in against the abbey for over a thousand pound, but since my claim started the bank closed my account with them and started asking for £200+ in bank charges, even though they are aware of my claim.
I have received letters from westcot debt collectors demanding i pay up, I emailed them twice and i got a reply back in writing last week saying they have passed my letter to another part of their company to deal with. I wrote to financial ombudsman who replied to my email saying that banks etc can still chase you for any outstanding debts on accounts, because the law has not made its ruling yet on how to proceed.

liddled

andrewman wrote: »

evening all. I have a claim in against the abbey for over a thousand pound, but since my claim started the bank closed my account with them and started asking for £200+ in bank charges, even though they are aware of my claim.
I have received letters from westcot debt collectors demanding i pay up, I emailed them twice and i got a reply back in writing last week saying they have passed my letter to another part of their company to deal with. I wrote to financial ombudsman who replied to my email saying that banks etc can still chase you for any outstanding debts on accounts, because the law has not made its ruling yet on how to proceed.

Its sounds as though the FSA are backing the banks.

My court case was stayed for 12 months back in October and I agreed to the stay providing LTSB didn't charge me anymore and my account was frozen, I had claimed several thousands in charges back but this was only for 3 years.

They have ignored my request and continued to charge me on this account so I have now issued a claim with them for the full 6 years which has doubled my original claim, I would have settled for the original amount if they had been sensible about the situation.

Good Luck

Nathan_Spleen

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Original Message

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From: "Consumer Queries" <[EMAIL="Consumer.Queries&#64;fsa.gov.uk"]Consumer.Queries@fsa.gov.uk[/EMAIL]>
To: Nathan Spleen
Sent: Wednesday, February 27, 2008 4:47 PM
Subject: RE: Ref ISS668672, ISS00678806

Dear Nathan Spleen

Thank you for your email of 10 February 2008.

About your enquiry

Following our previous response, you have contacted the Financial Services Authority (FSA) with several further questions relating to the FSA's bank charges waiver. I have detailed your questions, and our responses below.

Your enquiries

1) "You say that the FSA will consider the position of the waiver on ''the outcome of the test case'' but are you referring to the judgement of the initial hearing that concluded last Friday (that deals with the preliminary issues) or on the outcome of the substantive issues yet to be heard?"

- I can confirm that the FSA will need to consider the position of the waiver in the light of the circumstances at the relevant time e.g. both the outcome of the preliminary hearing and subsequent outcomes.

2) "If, on the outcome of the preliminary hearing, a significant number of stays are lifted, would the waiver be revoked?"

- The terms of the waiver included guidance that we intended to review the continued satisfaction of the criteria for giving the waiver two months after the date it was granted, and that in conducting this review we would have particular regard to several criteria including whether there was a stay of relevant proceedings in the courts of England and Wales, Scotland and Northern Ireland in materially all cases. The waiver guidance also states that if we were no longer satisfied as to the above criteria at any time while the waiver remained in force, we would expect to revoke the waiver.

3) "Is it conditional that stays must remain in place for the waiver to remain in place?"

- Please refer to the answer given in 2) above. For further information about the details of the waivers issued, you may wish to view this link - http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

Yours sincerely


A Franks (Mr)
Consumer Contact Centre
Financial Services Authority

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Superheavy

Hey guys,

I've read into the court case in some depth, as I have a letter sitting on my computer ready to be mailed to A&L should anything happen in the near future.

However, at present I am struggling to pay off an overdraft with A&L which is all down to the charges, but I'm worried that if I send them the letter they might cancel my a/c, and ask for the remainder of that overdraft up front.

Do you think I should just sit on it for now, and wait till I have the money available to pay the overdraft off before mailing the letter, or send it and hope for the best?

mutimerpj

I am overdrawn with the Halifax by more or less the same amount they owe me in charges. They are now chasing the money, and threatening to damage my credit rating by issuing a default notice. If they can have a stay from paying me, can I get a stay against paying them?

johnnynonails

mutimerpj wrote: »

I am overdrawn with the Halifax by more or less the same amount they owe me in charges. They are now chasing the money, and threatening to damage my credit rating by issuing a default notice. If they can have a stay from paying me, can I get a stay against paying them?

hi i had the same problem wiv n/wide , they gave my debt to a collection agency and said the same things to me as in damage my credit rating , so when i got payed i logged mcol for my money back of n/wide and told the debt collection agency and i havent heard a word from them since , they wernt interested that they owed me my charges back , n/wide tole the debt collection just to get the money back of me, so thats 1 route u could take or maybe sum 1 else will reply to u as well hope that helps jill