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Defence for those having their action stayed

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  • lindilou39 wrote: »
    can I ask what they offered you and what you are claiming??
    Total with out interest was £3,344. with = £4,026.84
    they offered just under £2,500.
  • lindilou39
    lindilou39 Posts: 927 Forumite
    Total with out interest was £3,344. with = £4,026.84
    they offered just under £2,500.
    roughly £844 less of your claim...there is no guarantee you will get the interest, usually only if you win in court is this awarded by the judge, its up to you but it aint a bad offer.
  • BabyDiesel
    BabyDiesel Posts: 48 Forumite
    Hi Sugarpuffgirl,

    If i was you, i would take the money and run! I to am claiming from abbey and am due in court on 16th of this month, kust got to wait and see if the case is actually gonna happen now!

    Think of it this way... Ur not £844 down, ur £2500 better off!!! :D
  • hi all,i have 2 cases with the financial ombudsman at present, i am dissapointed they are taking the test case as an oportunity to do nothing!i am now stuck with waiting for the test case to be finished before i get my money back or can i continue on without the ombudsman?any advice would be greatly welcomed...cheerssickOfEm
  • lindilou39
    lindilou39 Posts: 927 Forumite
    hi all,i have 2 cases with the financial ombudsman at present, i am dissapointed they are taking the test case as an oportunity to do nothing!i am now stuck with waiting for the test case to be finished before i get my money back or can i continue on without the ombudsman?any advice would be greatly welcomed...cheerssickOfEm
    the ombudsmans decision isnt final anyway and depending on when you are claiming from its probably best to go through the courts or you risk being statute and barred.
  • corinne28
    corinne28 Posts: 61 Forumite
    thanks stokey, i spoke to abbey about the overdraft yesterday after my post and they said: they had an email from complaints that they would credit my account with £418 i asked for over £2200 so would not of accepted anyway but would have been a nice part payment. anyway phonned complaints because i never recieved the letter or the funds. she said that because i started court proceedings they withdraw there offer. bizarre as i never recieved anything. any ideas. oh and thankyou for your help.
  • deary65
    deary65 Posts: 818 Forumite
    The objective is this, to persuade the judge not to stay the action on the bases that the OFT are taking action in the high court to test the fairness of the banks charges. Your argument is you wish to trail the legality( wager your law) of those charges and not their fairness. Weather the judge agrees with you or not is an other matter but I can see no reason why not.

    The office of fair trading, an employee of the state, charged with the authority to over see fair dealing, in other words see that might does not make right. The OFT have decided to test the fairness of the charges levied by the banks. The courts have consistently failed to define what reasonable is other than what a man on the Clapton omnibus may think it is. As to fairness that like beauty is in the eye of the beholder or will our man on the Clapton bus decide what it is.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • lindilou39
    lindilou39 Posts: 927 Forumite
    Went to work as normal today and had a little chat with one of our cleaners who has recently had an offer from Barclays which she accepted..Now they have written to her again with a booklet on how to claim for the full amount, she phoned them up and was told...In view of the recent hearing in the courts where the Courts have ruled that charges are unlawful the banks are now offering full settlements???? This isnt just Barclays apparently its HSBC and quite a few others???? Der! Have I/we missed something here??
  • deary65
    deary65 Posts: 818 Forumite
    Oh what a tangle web we waive, when first we practice to deceive!
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • lindilou39
    lindilou39 Posts: 927 Forumite
    Well she is bringing this letter in on Monday for me to see, she did say that the man they spoke to also said that he shouldnt really have told them about the outcome but in this instance the court had ruled against the banks??

    some secret mission??? Wonder if Martin has heard of this?
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