Help needed with bank error!!!

[lizzy40]

UP DATE TO MY ON GOING CASE

After settling part of my complaint with bank I have been trying to get additional charges back which had escalated due to the original charges taking so long to get refunded.

Wrote to bank in DEC 2007 regarding additional charges applied to my account for Sept and Dec 2007 totalling £810.00. This letter wasn't acknowleadge so past it to the FOS in February 2008 after the 8 week time had elapsed. Since then my complaint has been back and forth with the FOS as they are not sure whether they should be dealing with it as I haven't actually had a final responce from bank. Anyway tried to explan to the FOS thats the reason why I'm using their service because they haven't acknowledge my complaint within the time frame.
Still waiting to here from them.

Also wrote to the bank again 8th March 2008 and 28th March 2008.

Today I have got a reply not sure if its in responce from my follow up letters to bank or from the FOS, anyway basically they are offering a good will offer of £575.00 and have given me 28 days to accept.

They have also used reference to the OFT's court case to bear in mind when making my decision.

I quote:

In making your decision on whether to accept or reject the offer we made to you, you should be aware that there is a court case pending between a number of financial institutions on one hand and the office of fair trading on the other. The case deals with unauthorised overdraft charges on personal current accounts (as opposed to business accounts). One of the issues that will be considered in the test case is whether these charges on personal accounts are penalties at common law. In the circumstances it is possible that this case may inform the approach to be taken by banks in how they deal with businss accounts such as yours.

You may, therefore wish to defer taking the matter further until the out come is known; in which case you will be taken as having rejected the above offer made to you. In this event, we will retain details of your complaint and revisit it once the out come of the test case on the penalties point is known.

This is such hard work!

Each month more charges are being added. As it stands to date I have now got March 2008 charges to add on to this figure total £1140.00.

I'm aware the bank could at any time change the way they deal with business accounts.

Any veiws especially on the bank trying to get me to wait on the OFT's decisions?

[slick132]

Hi Lizzy,

The OFT test case ruling on Thursday makes it very unlikely that any further business charges will be repaid. CAG advice at the moment is that no one should start a NEW business claim, and ongoing court claims should be continued only if on the small claims track - so you're not exposed to the risk of the significant legal costs.

Try accepting Barclays offer immediately but don't be surprised if it is withdrawn.

If this happens, let us know and we'll advise further.

[lizzy40]

This doesn't sound very good?

I don't understand the significance of the court case and business claims, why has the case changed my exsisting claim. Why would I be exposed to legal costs?

Thanks slick nice to speak with you again.

Lizzy

[slick132]

Hi Lizzy,

The ruling on 24th April said the charges you're reclaiming are NOT penalty chgs. As this is the basis of reclaiming business chgs, it appears that a claim proceeding to court will likely fail.

As you have not gone to court with your claim, the question of legal costs is not relevant to you.

I was talking in general terms, saying a case continuing to court and NOT on the small claims track could expose the Claimant to significant legal costs.

[lizzy40]

Okay so what are my options? The fos are still dealing with my case should I contact them tomorrow and get advise on what I should do?

Under normal circumstances I wouldn't except this offer as I held out before and got what I was asking for?

Can the bank withdraw this offer?

Thanks slick

[slick132]

Hi Lizzy,

It's so soon after the judgement, we've had no experience of how it will affect business claims, ie, how the banks and the courts will treat business claims.

In time, I expect a case will go on for a full hearing and the court will make a judgement. This will not, in itself be binding on any other cases.

Only when a case goes on to be appealed will THAT decision set a precedent, as it will be heard at a higher court.

Okay so what are my options? The fos are still dealing with my case should I contact them tomorrow and get advise on what I should do?

Try speaking to them and see if they have any advice.

Under normal circumstances I wouldn't except this offer as I held out before and got what I was asking for?

My own advice would be to accept the offer made by the bank as I said in post #62.

Can the bank withdraw this offer?

I suspect they can, and may do so.

These are just my own opinions - I'll ask if any other Team Members wish to comment.

[MARTIN3030]

Yes of course they can withdraw the offer,its likely that their conditions in offering this will have been put to you.We are in unchartered waters here as has been said already.The FOS are unable to act where Court litigation has commenced.You have nothing to lose by contacting them and explaining the position.Keep us posted here.

[lizzy40]

Thanks to you both will contact the FOS this morning and see what they have to say. Will keep you informed.

[lizzy40]

Spoken with the FOS this morning and they are under the impression that Business accounts are still okay?

However I was asked to fax the letter I got from Barclays, as I mentioned to the FOS the reference the bank was making in respect to the court case and she was very interest to know what they are saying.

Not quite sure the FOS are up to date with what is happening!

They are going to call me back later today to advise me whether this will make any difference to my existing complaint and if I reject it will I lose out.

Will keep you up dated.

[lizzy40]

The FOS have just got back to me and have said this was first letter of this kind they had seen from a bank. Anyway all business accounts are being put on hold with the FOS because of the court case. They did say if the OFT appeal the judges decision then this may change. So for me it looks like my bank have won?

I suppose I could think myself lucky, I managed to get an offer just before the out come of the court case.

The amount I was claiming was £1140.00 the offer is for £575.00 if I don't accept it and in time the OFT put a cap on a reasonable figure will I be better off waiting thats the question?

Any views or comments most welcome...

Lizzy

[slick132]

Lizzy,

You also need to contact Barclays and see if they are still willing to repay the amount recently offered.

There's little point in debating this if Barclays are not willing to stand by the offer.

JMHO, as ever.

[lizzy40]

Well the offer was dated on the 25th April and I did ask the FOS if they could withdraw their offer and she said they couldn't the offer stands for 28 days.

I feel as if I've been done up like a kipper...

The bank has been dragging its heals all the way through my complaint I believe they knew what the out come was going to be; in their favour.

Its so frustrating....

[slick132]

Lizzy,

As it stands, you may have the chance of getting back SOME of your chgs if Barclays honour the offer made to you.

Many members who have spent £100's will get NOTHING back, based on the current situation.

Write to bank and accept their offer and see if they stand by it.

[MARTIN3030]

Good work Lizzy like you say you are a victim of the present circumstances but have to be given credit for your efforts.Thanks for posting your dialogue with the FOS it will be useful to others for clarification in the short term.
Them telling you that you was telling THEM something they hadnt seen before,clearly demonstrates how much in limbo things are at the moment.
Keep us posted on what Barclays say..I would inform them that the FOS has told you their offer should remain at your disposal for the 28 days...I am sure they wont expect you to have sought clarification on that.

In respect of whether you would get a better deal...its a matter for you to weigh up-firstly whether you dont need the money offered at the moment...and are prepared to wait.
If the OFT gives a figure it deems as fair and reasonable (as in the case of the £12.00 credit card fees)..this could potentially wipe off 40% of a claim if of course it was set in stone.But as you know despite the OFT suggestion to the CC issuers the £12.00 is still not statute law or been ruled in Court.So its up to you.
No one can make this decision for you.

[maroondevo52]

Hi, Lizzy.

My Business Claim through FOS, was paid in Full on the 20th, March 2008.
How FOS can be saying to you all Business Claims are on hold baffles me.

Here's their reply to me word for word.....

The FSA has recently issued further guidance on this issue and clarified that this does not apply to complaints about default charges on Business Accounts. As a result, HBOS has indicated that it is, in principal, prepared to settle such complaints. It will shortly be in touch with you directly with a settlement proposal.

Of course, if it is not possible for you to reach an agreed settlement without our further involvment, you should let us know. Similary, please tell us if your complaint is resolved, so that we can update our records, or should you have not heard from HBOS within the coming six weeks.

Have a look at my thread...

http://www.consumeractiongroup.co.uk...-business.html

On the 10th of April 2008, they FOS also got HBOS to settle my Visa Claim, if you read that thread, it's a follow on from my Business Claim, as they were both made at the same time.(there's a lot of bumf in the thread, but it get's there eventually

Maroondevo52 v HBOS & FOS (Visa claim) *** won ***

When you contact FOS, mention you know someone with a Business Claim that has been paid, and quote their wording in my letter.
If you need names of the people I dealt with in FOS, I can provide them.

Not sure if this will help you, hopefully it will.

Regards.

Scott.





Scott.