Jump to content

bruce47

Registered Users

Change your profile picture
  • Posts

    38
  • Joined

  • Last visited

Posts posted by bruce47

  1. I am sure many people don't care about this may be the end of free banking, i don't. Nothing's free anyway we all know that!

     

    Some people may not like it they can always put there money under the bed if they want.

     

    Just my view, i bet if you did a poll on this site most wouldn't mind if they got refunded and had to pay a monthly fee. It would be cheaper for them. It does cost the banks to run our accounts so we should expect to pay a fee for that.

     

    It would then be honest and legal which is the point of the whole bank charges argument.

  2. I have read your thread and i guess it was to be expected so close to the court date.

     

    But only 6 days to go then at least it has started however long it takes to come to an end

     

    I hope as Alec says they may come to a agreement on the 11th hour fingers crossed!!!!

  3. This is unbelivable, no conclusion until May???

     

    Is this set in stone? why would it take 4 months to set the judgement??

     

    I guess April passes the only thing i can think of.

     

    Is it common for a verdict to take this long?

     

    If the court case goes ahead can the banks cut a deal with the OFT while the judgement is waiting to be set?

     

    The crazy thing is, the Banks say the UTCCR's do not apply to current accounts. So we should all be able to claim the charges back like with a bussiness acount leaving out the UTCCR's in the 14 day letter.

     

    Anyway 9 days to go!!!

  4. Hi i thought we could have a countdown to the court case as i guess the site is going to be busy with posts once the court case starts

     

    7 days to go!!!

     

    Feels like being a kid again waitning for christmas morning.

  5. Bit of a bummer the findings are not going to be published, but from my readings of the counter claim at least the OFT seem to be doing a good job and have all angles covered. So at leat they are getting one thing right!!

  6. To any members who have received a letter from Barclays saying no to Financial Hardship. the letter will have a paragraph saying this.

     

    "i belive our obligations under the banking code may inadvertently have been misrepresented in the media and elsewhere. I apologise if you have received the impression that your financial hardship complaint is an alternative to your bank charges complaint as a methord of obtaining a refund of fees (and consiqently avoiding the current deferment arrangements)"

     

    This is a standard letter refusing to refund any hardship claims they are starting to arrive now. The letter is a clear breach of the waiver conditions and maybe the best proof that the banks are breaking the agreement to date.

     

    Please can any members leave a message if they have received this letter.

  7. "Excellent news - we will wait - ours is a limited company by the way:wink:"

     

    It was a sole trader not a limited company.

     

    But Natwest say they are sending offers to all bus claims and they are for the full amount!!!!

     

    I know it is a bit late for some people who have gone through the courts but i think all bus claims are best waiting the 8 weeks unless with Lloyds who are rejecting claims as ever.

     

    When you call Natwest they now have

     

    Press 1 for personal accounts

    Press 2 for business accounts

     

    So they have set up a dept just for the business claims, just keep calling them to make sure they have the complaint and keep calling to let them know the 8 weeks is coming to an end as they were a few days over the 8 weeks.

  8. A friend of mine has just recently received £15k back from Natwest!!!!

     

    Without court action, he just waited the 8 weeks and got a full offer!!!!

     

    So i would recomend any Natwest & RBS as same bank to hold fire with issuing court claims as you will prob be waiting longer for your money and it could get stayed.

     

    So i think it is worth giving them the 8 weeks and save any probs that may occur.

     

    Just thought i would let you all know!!!!

  9. Funny enough a freind of mine has a work mate who has just got as response back from barclays i don't know him to well so couldn't really ask for a copy so i wrote down i paragraph which is very intresting

     

    Quote

     

    "i belive our obligations under the banking code may inadvertently have been misrepresented in the media and elsewhere. I apologise if you have received the impression that your financial hardship complaint is an alternative to your bank charges complaint as a methord of obtaining a refund of fees (and consiqently avoiding the current deferment arrangements)"

     

    It also said "I wish to make it clear at the outset that you should not expect our proposals to include an offer of refund the bank charges you have incurred"

     

    Then just dribbled on and said a member of the debt managment team will call him to see what the can do for him ie seeing CAB etc etc.

     

    But looks like they are not going to be refunding any fees for financial hardship for anyone as this was a standard letter and i bet many Barclays members will be getting the same letters through now, it doesnt say its a final response but does say you can go to the ombudsman if you are not happy.

     

    It will be nice to see when the OFT asks barclays how many financial hardship claims you have refunded and they say NONE!!!!

     

     

    I Am sure what they are saying is a very strong statement as they are clearly saying they do not need to refund any charges because of financial hardship. So who is doing the misrepresentaition the Banks or the OFT????

     

    If this is true then the waiver should not have included the financial hardship rule, it should of said they will still deal with hardship case's but will not have to refund any charges just pass you onto a debt management team member.

     

    It will be intresting to see some views of the Alecm?? sorry bud, and CRFX250 etc on this

     

    I told him to go to the ombudsman and also make a complaint to the FSA.

  10. Yes it is a good possibility but i think it is more to do with the defence entered by the banks as it was only after the defence was submitted they changed the POC's.

     

    When you read the first POC's then 1 of the banks defence as they are all similar then read the new POC's you can see a strong maybe aggresive tone in the new POC's, which is good for us as it shows that maybe they are on our side!!!

     

    I think the next important step is when the OFT publish its findings in December and just hope they do not delay it again!!.

     

    Then the balls over in the banks court and hopefuly they will of already planned a way out agreeing a lower charge.

     

    It also seems that the test case in Jan is just phase 1 so they will be setting anther court date after this to find out if the charges are a penalty or not. So it looks like the waiver will still be in place even if the OFT wins phase 1 of the court case.

     

    But yes hopefully the banks will come to an agreement with the OFT before the end of the year!!!!!

  11. Techspace

     

    If you have a claim for financial hardship and they have said this in reply to you. Then make a complaint to the FSA as they are not keeping to conditions of the waiver.

     

    The waiver clearly states that banks must filter through hardhip cases and deal with them!!!

     

    Again i would ask them for a copy of this booklet and also to put in writing what they are saying about the Hardship rule being misleading.

     

    NO IF'S OR BUT'S, if this is what they are saying to you it is a LIE!!!!!

  12. Great news that they have arrived,

    Just at a quick read through the defences they all seen to be aimed at the same points

    They are not a penalty

    They are in plain intangible language

    They are not a beach of contract

    They are in the main terms of the contact

    From all the county court claims the banks know the above is wrong or they would of used this defence and defended every claim not spend 500 million or what the amount they have paid out.

    They all have the "good faith" in the counterclaims as well?

    When you read the OFT's POC 2, in my opinion they seem to be very strongly, aggressively not sure of the word i would use making it clear that the defences are not a defence and they intend to use there powers if needed.

    They also mention a lot about when there investigations are complete at the end of the year they will use enforcement or seek an injunction.

    Seems to me they mean business, I would like to know what the banks solicitors think to the new POC's???????

    I think by christmas once the OFT's investigation is complete the banks are going to agree a lower amount £12 and pull out. But this would then not really solve any issues as people would still like credit cards go to the courts for the full amount. Clogging up the systems which is what the waiver is all about really

    Or they may go to court as it is only in relation to the UTCCR's so they may appeal and drag it on for as long as they can,

    Or as we are in England anything can happen and the judge sides with the banks

  13. I have received an email back regarding the price just as well i was sat down!!

     

     

    The copies have come back & the full cost for your photocopying is £85.50 and the cheque should be made payable to HMCS ( Her Majesty Court Service

     

    Yours Sincerely

     

     

    I think i may need to do a pay per view lol!!!

     

    I am going to send of the the un edited copy as the OFT defence when published i expect will be half as long as these ones.

     

    I wont be able to post them on the site because there is approx 160 pages according to the price and i don't have the time to scan all the pages and post them.

     

    If any member wants to do this i can get copies done and post them to an address for them if they cover the costs of the copys and postage, sorry but its the best i can do. If there was 20 -30 pages i would scan them and put them on a thread but 160 would take to long.

     

    CRFX250 have you any idea when you will receive the PDF version as this would be a lot quicker to put on a thread, also just out of intrest i got a reply back from Sion Simon MP the guy on the Northen rock program last week, asking for my postal address so he can reply back in writing to me. I am guessing if i say where my address is which is 120 miles from where he is he will say to speak to my own MP?? or do you think he still might reply?? not emailed my address yet just thought i would see what you think first.

     

    Thanks

  14. I agree is this legal??

     

    When you go for credit anywhere you sign to agree them doing a credit check, so no problems.

     

    The question is, where have they got the authority to do this from??

     

    My only thought is if you have a warrant issued you lose your rights and are able to be traced witout your consent, or something along these grounds.

     

    I, and i am sure most members have no qualms if this information is used for SERIOUS criminals etc.

     

    And the next step they take is not chasing people without "warrants" for parking tickets etc!!

     

    As at the end of the day this is soley down to money the more people they get in court etc the more money for them!!!!

  15. I emiled them for the price and sending the defence to me and got a price of,

     

    I unable to email you the copies of that you have requested as we do not have the facility to do that at the moment. I can only send you the hardcopies of the documents via the post. So please can you provide the court with a postal address. And unfortunately have already sent those documents to our reprographics department for photocopying so as soon as I get it back which normally takes 48 hrs, will I be able to tell you the exact cost. I can pre-warn you that we do charge £5 for the first 10 pages & 50 pence there after per document.

    so i think! its going to be around £4 if i am correct in thinking 50 pence per document then means each defence as there are 8 of them?

    Hopefuly CRX250 will get a copy first, but we will get copies before they are published by the OFT anyway!!

  16. Sounds good, there are 8 defences i from eack bank. Funny enough i asked if they can email the defence to me and they said no it would have to be in hard copies. But i guess its who asks for it!!!

     

    I have wrote a letter to send to them today so will send it anyway. Keep us posted if there is anything intresting. It will be good to have a un edited copy so we can see what the OFT have taken out when they publish the defence themselves.

     

    Thanks

  17. I spoke to OFT today regarding the banks defence, they say they are going through it at the moment to see what they can publish as there is some commercially sensitive data in it which they have to remove, also they are altering there POC due to the banks defence.

    I asked where else i can get an original copy of the defence with nothing deleted. He said you would need to apply to the High Courts civil procedures rules where an un edited copy of the defence can be obtained.

    Just spoke to Royal Courts Justice - 020 79476000

    Commercial Dept / Registry Claim no - 2007 folio 1186

    The banks have entered 7/8 defences so it seems they all have there own. got an address of them

    Royal Courts of Justice

    Commercial Court

    Room EB13

    Strand

    London

    WC2A 2LL

    They say you need to request copies of the defence in writing first, they will then write back to tell you how much the docs will cost, send a cheque and they will send the docs on.

    I will send of and keep you updated and again anyone else can do the same to see who gets them first. Prob better to just email them to MOD as i wouldn’t want to copy and paste them onto a thread just in case

    Just a shame about the postal strikes.

    Also actually she mentioned if i was close by so i presume if anyone is near the address they can call in get a price and call back to pick up the defence would save a lot of time but i am miles away.

    Thanks

    Bruce

  18. Hi thanks i think thats him, he has short hair now.

     

    I will email him and ask if he can write to the FSA regarding the waiver and ask him to tell them not to send the blanket response they have sent to most MP's

     

    Not sure if he they wil say speak to your own MP but its worth a try we could do with an MP that does not like the FSA

     

    Will let you know if i get a response and thanks for your time and info

  19. At the end they mentioned they had until tuesday to submit there report and answer there questions, will this be a public document?.

     

    Also what was the name of the guy on the far left near hector, he would be great to lobby and try and get him to get the FSA to explain why they have issued the waiver losing all consumer faith in them as he obviously did not like either of them and rightly so!!!

     

    They both answered the qestions like politions but it was good to see them saying look answer yes or no or don't comment. I found it unbeliable they didn't answer the questions asked just said no comment.

     

    This has just confirmed what a sham the FSA is, and can't wait to send them a congratulations card when they are made to reisgn!!!!

  20. Well that was the best tv i have watched for ages!!!

     

    Great to see them getting drilled like that and good to see them gettiing told to anwer Yes or No or i am not going to answer that. brilliant.

     

    I liked the guy on the far left nearest to hector he gave some good direct questions and let them know he thought they were useless and to blame for it all.

     

    Also that if FSA were found to of the banks that they would sack the person and also resign themselves.!! awsome

     

    I think they will have no choice but to resign over this.

     

    And hopefully they will be quized over a lot more isuses and investigated.

     

    Shame they never mentioned the Bank charges but hey great to see them get get put on the spot.

     

    Cant wait for some imput from other members on this also to see what else is to come for sir d*ck and hector

     

    Made my day!!!

  21. Well at least they have received it!

     

    Just hope it doesnt take them to long to publish it, if it is to be a public document then why should there lawyers have to look at it first.

     

    Anyway good news just hope they pull there fingers out.

     

    I wonder what the counter claim is? will be intresting

     

    Thanks for the info

  22. I thought the banks had until the 28th to submit a defence?

     

    Do we know when it will be published, is there any reason its not been published yet? Maybe they have not entered a defence? it will be good to see so some of the more legally minded members can give us there view on it.

     

    Could we email the OFT and request a copy of it or do they not have to show it to us?

     

    Reading the agreement the OFT have until the 26th Oct to respond to the defence.

     

    I hope its not like the waiver review and takes 2 months for them to publish the documents

  23. Hi have had a partial refund from MBNA, i want to send a claim form to FOS called them and they said to put the reasons in why i should get a full refund.

     

    Just asking what am i best writing on the form as to why i want the rest of the money paying to me.

     

    Many thanks in advance

×
×
  • Create New...