Letter from FSA not to put a stay on claims

[bruce47]

Just a thought i am sure crfx250, alecmac18 and all the other top posters will have a view on this.

 

If a credit card, benifit, bussiness claim has a stay put on the case when obviously it shouldn't then what if we write to the FSA and ask for them to confirm in writing that the claim is not covered by the waiver and hence any stay should be lifted and not put on in the first place.

 

I am sure it would be useful for people applying to have a stay liffted if there was a letter from the FSA stating the claims are not covered by the waiver and should not be stayed. Then surely the judges would have to lift the stays.

 

Or do you think the FSA would not or would not want to put this on paper?

 

At the end of the day they have imposed the waiver and if its being used wrongly then surley they would have the duty to correct the matter.

 

Poss all credit card claims etc get a letter from the FSA before submitting the claim with the courts so in theory no claims should ever get stayed again.

 

Also causing more work for our faithfull team at the FSA.

[alecmac18]

I totally agree that a letter from the FSA (or some form of clarification) would be great for people claims back credit card charges and business accounts.

 

The Office of Fair Trading: Current credit card default charges unfair

 

The trouble is that it was the OFT who ruled on credit cards (see above). They don't seem to want to clarify their ruling. And the FSA will say that it is the OFT responsibility.

 

Divide and conquer.............muddy the waters......pull the wool over the eyes of the sheep......this is the way of our regulators.

 

I think the good news about this situation is that the OFT ruling on credit cards has not been properly tested in a court yet. This means that if you apply to the FOS or the Courts for a claim - you will probably win. You might actually be better going to FOS over credit card charges - they have still not made a ruling - and claims continue to be paid in full. I have noticed some credit card firms getting a bit nasty with litigation though - e.g making things more complicated - filing long defences etc.........man... bet the courts are loving it.

 

Note:If you go to FOS over a credit card claim - try and mark your application as clearly as possible so the staff know that it is not an ordinary bank charge claim - otherwise it gets lost in the forest of paper that is apparently flowing into their office evry day. A big red marker on a covering letter with the app should do the trick.