I had a letter on 19th Feb 10 from Barclays stating that if I still have a County Court claim (which I have) this will be addressed separately.

I am still waiting to hear.

Gerty

Hi Gertrude

Only just picked up your reply it was in my spam box!

I haven't heard from Barclays yet. Wondering if I should write to them

regards mummybird

just checking in, i am now completely out of debt thru this site, no claims in at all, give up on rbs for £80 or so due to the test case result, anynway what is the update, are people still getting money back, or are they fighting like made for it, in the start the success rate on getting your charges back was 99.9% and only took 12-15 weeks, sometimes less. whats the situation now. arte claims fruitless or what

i tyake it that penalty charge reclaims are mostly dead in the water now

Has anyone heard from a bank where the case is a debtor defending the bank's claim and claiming back charges as part of defence?

tedney

A bit old I know for a response but an old case of mine has raised its head again. Basically, my bank sued me for my overdraft after we had a disagreement in 2005. We corresponded for over a year but I could get anywhere with them. The correspondence went dead for a further year during which time the bank unknown to me bounced my direct debits twice a month for 4 months, charging £30 each time. At the start of 2007, they started a legal action against me to recover the overdraft which had grown due to the charges (I had moved banks in 2006).

Not only did I file a defence but I also countereclaimed for the charges. We went through the Court hoops (fast track) but 3 days after being served with the court's order to disclose documents etc, and eight months after the start of the OFT v The Banks case in 2007, the bank made a 'without notice application for a stay until the end of the OFT case.

Needless to say the court rolled over and granted the stay. I tried to get it lifted but all the Deputy District Judge would say when refusing my application was that 'it had come down from on high' that these cases were to be stayed. I just left the court in disgust.

Well, that was nearly four years ago and nearly two years since the Supreme Court gave its final judgement. To be fair, I had almost forgotten about the case but the bank have now written to me saying they will lift the stay on the grounds that following the Supreme Court's decison, I have no defence (wronlgi I might add).

Even if the bank win,I intend to continue my defence all the way using S140 of the Consumer Credit Act (Unfair relationships). I may end up in the Court of Appeal. Do you or any other Caggers know of any other cases where a defence/counterclaim has continued post the OFT decision?

Doc

tedney

 

Do you or any other Caggers know of any other cases where a defence/counterclaim has continued post the OFT decision?

Doc

Hello DocNot heard anything on mine, as far as I know case is still stayed, not heard from court or bank. My case also had PPI issue in it, so maybe that is why, more than three years now!

Regardst

I had my claim against Barclays stayed. To this day I haven't heard anything.

Does this mean it is still in limbo, or does it get thrown out after a time.

I would have thought the court should have given confirmation.

Is there still an alternative action, I'd go against their top lawyers, put what charges they like, no means to pay them anyway ;-)