Barclays can NOT apply a stay to your claim.

They can put your complaint on hold without replying but that doesnt stop you continuing to court.

Once it gets allocated, they will apply for the stay but it is down to the judge

check here to see how your local court is handling claims:

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

one piece of advice tho' stay away from MCOL at the moment, they are automatically applying the stay, use the N1 route straight to YOUR court.

No worries.

POC's = Particulars Of Claim.

Prob is that as you went through MCOL, the POC's are very limited.

it is generally looked upon in forums that if you type in capital letters you are 'shouting'

Not really a rule but just a generalisation thingy

Hello again,

did you file through MCOL?

what were your POC's?

Consumers who have just been given an offer from the bank/building society

Consumers will have two months to decide whether to accept the bank or building society's offer or to wait for the outcome of the test case. If consumers choose to accept the offer, it is unlikely that they will be able to complain again later regardless of the outcome of the test case. If consumers choose to wait for the outcome of the test case, they will not be able to take up the firm's original offer and the firm will only deal with the complaint once the test case is concluded.

taken from:

FSA grants waiver to firms on complaints handling

Hi herbs,

you had 8 weeks to accept/decline their offer.

when did you decline their original offer and when did you 'reconsider'

if this was over the 8 week window.....sorry no go!

tell you now if someone like martin lewis stood for m p in a place he was known for his exsploits,it would be a cake walk.

Nice idea Tez but in the real world he would be just another cog in the wheel of disappointment,, when has a MP EVER made a difference to OUR advantage,

and those that DO go against the mainstream soon get washed out.

Anyhoo

Meant to say:

AND ABOUT BLOODY TIME TOO!

.....

...

Realistically, what will probably happen is:

The charges will be allowed to be in line with those accepted as credit card charges , ie £12

There will prob be a limitation applied to prevent customers claiming further than 6yrs.

The OFT are going to try and push for the 'automatic repayment of charges' to consumers to ease the burden from the courts,

whether any of this actually happens is speculation at the moment.

Emma they prob here is you applied through MCOL

Advice on here now to anyone ready to start court proceedings is NOT TO USE MCOL

Use the N1 path, this way you can use the full POC's AND have it at you local court from the start.

sorry not much help to you now, yes you can apply to have it lifted but unless you have certain grounds, e.g emigrating or financial stress i dont think you will be successful

I would request that MCOL transfer it to your local court for them to decide.

I agree....when you initially requested your charges back did they comply?

erm no, it was only when threatened with court action they backed down.

Leave it up to the courts, they dont have a leg to stand on if they have settled out of court and they know it.

If they received a 'gesture of goodwill' as they put it, your friend had 8 weeks to consider, after that the Bank does not have to honour it,

I think you should strongly consider against MCOL in view of their position regarding the current test case !!

yep agree 100%

All new claims via N1

Not the answer to my question but hey ho.

Unfair Terms in Consumer Contracts 1999 (‘the Regulations’)

Mr dar£n

Firstly may I apologise for the lengthy delay in responding to your follow up, as you can imagine the OFT have inundated with enquiries relating to this matter.

In relation to your original email please see below, although we are unable to answer the question you have specifically raised, it should clarify the position of both the FSA & the FOS in relation to this current action.

Thank you

Jason Thomas | Enquiries and Preliminary Investigations Centre| Office of Fair Trading Fleetbank House | 2-6 Salisbury Square | London EC4Y 8JX | T: 020 7211 8402 | F: 020 7211 8877| www.oft.gov.uk

Suspension of consumer claims

We have been working closely with the FSA and FOS, who hold complaint handling responsibilities for the banking industry, to make sure that the test case process is as well coordinated as possible and that consumers will not be disadvantaged.

The test case does not mean that consumers are too late to complain. But until the outcome of this legal action is known, the FSA has allowed banks to suspend their work on complaints about the charges. Because the legal issues have not yet been determined, the FSA has not intervened in the levying of the charges, however it has set strict conditions that banks must follow, designed to ensure consumers’ ability to recoup charges levied prior to or during the test case, will be unaffected.

In light of this test case, the FSA agreed that banks could suspend their work on complaints about unauthorised overdraft charges while the test case is running. Because the legal issues have not yet been determined, the FSA has not intervened in the levying of the charges. However it has set strict conditions that banks must follow, designed to ensure that consumers will not be disadvantaged in their ability to recoup charges levied prior to during the test case.

Wow!! How many months is that now Dar£n!! They are unbelievable!!

LOL

Sent my SAR 13/04/07

The other day I saw on the mat a large thick white envelope..

OMG not another one??

Nahhh. twas a catalogue from Staples...LOL

any advice?????????????

yeh start your own thread..this one is seriously fkkerd up

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

your pre lim letter does not include interest. your LBA does not include interest.

you add it when you file your N1..try not to use MCOL.

send ALL correspondence by recorded delivery

I, like all the others advising you am simply trying to keep kicking you up the ahhhs to keep you moving forward..you seem intent on taking steps backwards for some reason,, send that email off without delay to at least one person named in the Litigation thread.

THEY DONT HAVE TO..

You have ALL the information necessary..GO FOR IT MAKE THAT GOD DAMM CALL MAN!

yeh I like you in dat dress....lol

Send in a SAR to get the information concerning the loan, particularly the agreement.

If they can not produce the agreement they cant pursue it.

Hi Tori darling...long time

how much is the offer in comparison to the claim.

the decision is yours, can you afford to wait ?

Do you WANT to let them off with the difference?

If you wish to continue we will advise and support you all the way

CPR 27.14

PRACTICE DIRECTION – SMALL CLAIMS TRACK - This Practice Direction supplements CPR Part 27

max claim £50

this may have been updated since i complained but I doubt it.