Hello people. Today I received a court letter 'NOtice of Hearing Application' in response to my appeal !! This is what it says: The hearing of the claimant's applicaiton for Oral Hearing RE: Refusal To Remove Stay(see copy attached) will take place at 10.30am on the 19th October 2007 at Cardiff County Court, Cardiff Civil Justice Centre, 2 Park Street Cardiff !! Whats next?

And its not just HSBC, I think these Judges have shares in Barclays as well to quote the politician in the daily mirror article? this is the biggest bank robbery in this country!! what amazes me is how they are getting away with this I have constantly wanted an answer to the question - 'when did all the banks get together in collusion over the amounts they would charge for these penalties?? because collusion it is and that in itself is illegal !!!

Hi rh999 I wait with baited breath to hear what he will say fingersn crossed val

Hi Jenny, Yes I have sent off my appeal, (much good it will do me) As you know something was supposed to happen at the end of September with the FSA waiver review meetings with Martin Lewis or something ? how come we never hear anything now?

Hello there Jenny It is confusing, because when you send 3 copies to the court they only require one for themselves, one for Barclays litigation and the other other one is for us. I normally send one to Barclays One to the court and keep at least one myself. I think that if you had given the court 3 amended POC/SOC they would definately have sent one to the bank ? NO harm in making a fuss see if you can get somewhere eh??

Hi MB I agree with the others, if the situation IS as you say then you are in a good position, with regard to insisting on seeing someone tomorrow. As the clerk told you it IS their responsibility. Ask if they will show you proof they sent it to Barclays and you are entitiled to a copy of that proof. Barclays are either really inefficient or extreme liars. GO FOR IT I think you are in a good position,

Hi there mb, I am so sorry this happened to you , it is way out of order!! As you say if the judge said to you that the court would send to Barclays, that is good enough. They normally are responsible for forwarding copies between claimants and defendants, but the only snag is they do not use recorded delivery. that doesn't mean the court won't have proof themselves, I should think they would have some sort of record of what goes out. If I were you I would ask them for proof and surely the judges decision still stands (just thought, they are lying b...... I sent all my copies to the bank myself by recorded delivery, they still lied and said in their ' defence ' that they had not recieved details

stone, the letter is a standard template the FSA sent to all of us mine is exactly the same, they must think we are stupid!! They don't seem to have an inkling about this do they, what the hell is Joan Humble on about, any plans to clarify the legal position ? doesn't she know anything about whats being going on?? about the OFT case??

yes please MR Croze;) on here

Yes you are right there ja-de I just hope there are enough of the good guys.

Well I have had a look now Macboy and I think this is the most corrupt government we have ever had. they are a law unto themselves same as the banks!

Rhodri Morgan is there for his own sake, greed, he made a statement before the election earlier this year that he would step down if the people did not vote him in, instead he signed up with plaid to stay in his massively overpaid job, and couldn't care less about us, what a waste of public money!

Yes Jenny, I think like ja-de about Glenys, only she's probably too busy making the family an even bigger fortune and so is Neil I expect.!! and yes ja-de how stupid was that? since his member John Griffiths and others have done exactly that .? I think I will drop him a brief letter about this? is it worth bothering? or is it a waste of time. Berserker that is one rare MP to actually to agree with us about the FSA

Sorry about the way the muddled look, but I am not very good as this!! It's still the same old cop out story:(

I do hope you get something better than the standard letter I have received from the FSA. Anyway here are the ones I refer to in post 628 you can forget Rhodri !!! Y Gwir Anrh/Rt Hon Rhodri Morgan ACI AM Prif Weinidog Cymru/First Minister for Wales From the Assistant Diary Secretary Oddi Wrth Cynorthwy-ydd Ysgrifennydd Dyddiadur Llywodraeth Cynulliad Cymru Welsh Assembly Government Valerie xxxxxl Xxxxxxxxxx Xxxxxxxxx Xxxxxxxx 18th September 2007 Dear Valerie xxxx Thank you for your attached letter dated 10th September 2007. Unfortunately, the matters you have raised fall outside the remit of the National Assembly for Wales and we are unable to provide a substantive reply. Unfortunately due to the Data Protection Act we are unable to forward your letter on without your express written permission. Therefore, I suggest that you send your enclosed letter to: The Correspondence & Enquiry Unit 2M/I HM Treasury 1 Horse Guards Road London SW1A 2HQ Yours sincerely Clare Burns Assistant Diary Secretary to the First Minister John Griffiths AM Assembly Member for Newport East Aelod y Cynulliad dros Dwyrain Casnewydd t 029 2089 8303 f 029 2089 8308 e john.griffiths@wales.gov.uk Cynulliad National Cenedlaethol Assembly for Cymru Wales Wednesday, 19 September2007 Re: Banking Charges Please find enclosed copy letter received from UK Government Minister Kitty Ussher MP regarding the above issue for your information. Best wishes, Yours sincerely, John Griffiths AM National Assembly for Wales I Cynulliad Cenedlaethol Cymru Cardiff Bay I Bae Caerdydd Cardiff I Caerdydd CF99 1 NA b~ Thank you for your letter of 16 August to Alistair Darling enclosing correspondence from your constituent, Ms xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx South Wales about bank charges and the Financial Services Aufhority (FSA). I am replying as I have Ministerial responsibility for this policy area. Your constituent has complained about the FSA's decision in principle to grant firms, who apply for it, a waiver from the time limits contained in the FSA's complaints-handling rules in relation to unauthorised overdraft charges. Whilst the Government provided the power to the FSA to make waivers through the Financial Services and Markets Act, the enforcement of this power is a matter for the FSA as it is independent of Government. The FSA has informed me of its reasons for making this decision. These are detailed below. For some time some customers of banks and building societies have been complaining about the charges they have paid for going into unauthorised overdrafts. Some institutions have settled with their customers, without admitting liability, and a large number of further complaints are in the pipeline. However, the law in this area is not clear and the current situation provides neither certainty nor consistency for consumers or current account providers. In these circumstances the Office of Fair Trading and some firms have decided to initiate a test case in the High Court to resolve legal uncertainties on the level, fairness and lawfulness of these charges. In order to facilitate this process the FSA has issued a waiver of its complaints-handling rules as they apply to complaints about unauthorised overdraft charges. The FSA believes it has made this decision in the best interests of all consumers so that all consumer complaints could be dealt with in a fair and consistent way going forward. The FSA has also monitored how banks and building societies have been handling complaints about unauthorised overdraft charges. Its aim was to find out whether firms were treating these complaints promptly, fairly and consistently, as required by FSA complaints-handling rules. The FSA saw significant shortcomings in some firms' handling of complaints about unauthorised overdraft charges, which is leading to inconsistent outcomes for complainants. 1/51375/07 The F"8A is clear that the way in which complaints have been handled in the recent past - against a background of uncertainty about what the legal position is on these charges - is unsatisfactory and not in the interest of all consumers. When the legal position on these charges has been clarified, firms will be required to deal with complaints within the nonnal timetable in a fair and consistent way. In the meantime, the FSA is requiring finns to acknowledge any further complaints they receive on this issue within five days, to keep records of such complaints, and to be prepared to deal with them once the FSA lifts the waiver. To protect consumers' interests while the test case proceeds, the waiver contains a number of conditions that firms must adhere to. The FSA will review the waiver at the end of September to ensure, among other things, that firms are complying with its conditions. The FSA can revoke the waiver at any time if it considers that it is no longer appropriate because, for example, the test case is not progressing or if a delay in the resolution of the test case is likely to cause undue risk to consumers. The FSA has also imposed a condition in the waiver to preserve consumers' rights so as to prevent complaints becoming time-barred. This means that the clock stopped when the waiver was granted and will start again when the test case is resolved or when the waiver-is removed. So, for example, if a consumer was applying to reclaim charges for the last six years and the test case took one year, that year would not count. Similarly, the waiver will not cause you to become time-barred from taking your complaint to the Ombudsman. For customers wishing to bring a complaint to the Scottish courts, the position is' slightly different, and the frequently asked questions on its website explains this more fully. If you would like more information, you can find answers to frequently asked questions on unauthorised overdraft charges on the FSA's website at Home page : FSA Money made clear. In making the decision on the waiver, the FSA has particularly considered consumers facing financial difficulty. High street banks and building societies subscribe to the Banking Code that covers how firms deal with cases of financial difficulty; the Ombudsman also considers the Code when making its decisions. The waiver does not apply to complaints about the way that banks and building societies have dealt with financial difficulty. The waiver requires firms to identify such complaints and to progress them throughout the waiver period. If these complaints cannot be resolved, the Ombudsman will be able to consider them. Please pass on my thanks to Ms xxxxx for taking the trouble to make me aware of these concerns and I hope she finds this response helpful. KITTY USSHER MP National Assembly for Wales I Cynulliad Cenedlaethol Cymru Cardiff Bay I Bae Caerdydd Cardiff I Caerdydd CF99 1 NA

Hi Jenny, It's OK I have seen the new site, and posted on it (I had about 40 pm cagbot) I am afraid you will be disappointed with Rhodri reply. I Am going to scan it over on there now.

Hi does anyone want me to copy the letters I received here? from John Griffiths AM,from Alistair Darling, and Rhodri Morgan.??

Hi Jenny, Can we get access to all those MP letters? I am sending in my letter of Appeal against the decision not to remove the stay, asking for an oral hearing ( I know I did before but the wording on the N24 i.e. 'the submissions be treated as an application' ) bugged me since I had submitted not only one but two (amended oral hearing) of the damned things with letter of objection. so what else can I hit them with now?

One thing MacBoy, The FSA letter states that 'The FSA will review the waiver at the end of September to ensure, among other things that firms are compying with its conditions'

Hi MacBoy, yes I seem to remember reading that in September there would be a review or announcement from Lloyds saying they were opting out of the case with the OFT ??or something. Also today I received replies from 'The Rt Hon Rhodri Morgan' and 'John Griffiths AM ' enclosing a copy of the letter Alistair Darling sent back to him in response to his! I have been scanning all these letters before, am I allowed to do this now, only I am not very aufait with what you said about hosting image etc. Could you explain ?? to know how to host the image in your post and have the webspace available in which to host it (or an account with a site such as Photobucket, Flickr, etc.). PM me if you have any questions about this and I'll be happy to try and assist.

OK Can I just say thanks to you clever people .

Hi jenny Funny enough I got that exactly days ago when I tried, What is going on? is there something happening here? we need reassurance from the mods I have tried to get answers on MSE from Martins mods and nothing, so I repeat is there any reason why we have had nothing from our leaders, Martin Lewis, Marc Gander and Stephen Hone why have you abandoned us?

Yes it would but only after that date, is it?

crfx250 I quite agree, I think that without these responses and without the newspaper articles we have very little else to back up our case, because it is definately being ignored by the Government and the FSA etc. These items are invaluable, it is very difficult to have to keep looking back to find them, I mostly copy them to microsoft word,but it is hard to keep track. The item I read last night by Mark Lazarowicz 16 January House of commons states the case precisely, it is the biggest bank robbery in Britain

Hi jenny, and all this is the copy of the letter my MP sent to the FSA. she did a good job, shame about the FSA letter back wasn't it. JESSICAMORDEN MP Labour Member of Parliament for Newport East Suite 5, 1st Floor, Clarence House, Clarence Place, Newport NP19 7AA T 01633 841 726 F 01633 841 727 Jessica Morden MP | Jessica Morden mordeni@carliament.uk 20 August 2007 The Director Financial Services Agency 25 The North Colonnade Canary Wharf London E14 5HS Dear Sir I have been approached by my constituent,xxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxx expressing concern about the way overcharging complaints are to be handled. Ms..... considers the recent arrangement between the FSA,Office of Fair Trading and the UK banking industry to freeze out further overcharging complaints whilst a test case is being brought is unfair, especially as banks are allowed to carry on levying penalty charges on customers. She is also concerned that the FSA has also allowed the banks to apply for a stay of all court proceedings of this nature until the case has finished. Ms.......feels this is unjust to customers; and arguable that such action might interfere with rights given under the Human Rights Act 1998 . I would welcome your comments on the points raised by my constituent. Yours sincerely JESSICA MORDEN MP P.S' I believe it is really important to provide you with relevant information about my work as an MP therefore I will keep your details on file and may contact you from time to time, if you do not wish to receive further correspondence from me please write to me at the following address Jessica Morden MP, 1stFloor Clarence House, Clarence Place, Newport NP19 7AA. vbrep_register("1140641")