Helly Feks

[sea-sidelady]

That was very thoughtful of them. :lol:

[Riezem]

Just checking out thread by dutch1979 and Katies on Barclays section (couldn't work out how to put link in). Both went to (my local) Croydon County Court yesterday and both cases were stayed!!!!!!

Quote dutch 1979:

The Judge made directions that she was staying the case and that pending the outcome of the test case, that Barclays would then have to send me a 500 word summary talking about how it affected my case. Obvilusy this all depends onthe outcome, so now I have to wait and see. Also Judge said that the case will come back to court either for a hearing or dismissal again deending on the test case.

 

Can I just say that this test case has totally ruined this past year I've spent trying to get this to court...disappointed but knew it was going to be stayed.

 

I think it s fair to say that Croydon County Court is staying all cases.

 

I will now await this test case - which I hope will acutally now happen. :sad:

Quote Katies on Barclays:

As expected - my case was stayed!

 

I was met outside by a nice enough 'independent barrister' who explained that he was there to request the case be stayed. Even if he didn't succeed (when most cases are being stayed) he said I was unlikely to get a court date much before the test case and whichever way that went, it would be appealed and heard after the test case, so not really much point. He went on to say that in the meantime I would be earning a nice interest rate - 8% - which is better than most savings accounts at the moment. At this point I thought I'd speak up and say that unfortunately it would be wiped out by their overdraft interest (0.79% per month for authorised) x 12 doesn't leave anything!

 

I did ask how long he envisaged everything would take. He thought upto 3 weeks for the test case and a few months for the inevitable appeal, I then asked what he thought to the rumours of upto 4 years if it went as far as the European courts, he looked surprised and gave me the impression he thought that it wouldn't go that far... Who knows?

 

In DJ's office it was all very relaxed and the decision to stay was made long before I got there! She said much the same re time scales but said the case appeal would be expidited (hurried through) and she expected it to be complete by the end of March. Barclays have 28 days after the test case to write to me (in less than 500 words) explaining the effect of the outcome on my case. If the OFT won (IF???) there would be no need to return to court, my money would be re-imbursed and if the banks won and £35 was a reasonable charge (I did raise my eyebrows!) it would be very difficult to win my case as the test case is taking place in a much higher court than county court. (The barrister had covered the 3rd possible outcome, that say £10 was agreed to be reasonable - the difference would be returned to me.)

 

I did have my argument in front of me but said that I saw little point in saying much of it but that I was concerned about the fact that Barclays can still charge me but I have no come-back now the case is stayed, she looked at the barrister and said she would hope that Barclays would re-imburse any further charges should they be taken (I don't think she knew the barrister wasn't a member of Barclays staff - would anyone like to admit that anyway these days...Lol!). I did have the opportunity to say that my overdraft was made up of the charges, she did seem to sympathise and said that some people she's seen have been in a real mess with their mortgage accounts...

 

However, she did say that some banks are still settling - she'd had 2 this morning! I was supposed to be 1 of 6 people seen at 2pm but I didn't see any others about - a bit worrying! I would certainly say that the whole experience was OK today if a bit frustrating after all the work (and printing out) I've done over the last few days / weeks / months, it really wouldn't have made any difference if I'd known very little (I'm not saying I know a lot by any means!), although I suppose I wouldn't have felt prepared for much if there had been any need for input from me. As a parting comment I did say that Barclays had dragged this out since Feb and the DJ said that that wasn't a long time in legal circles - shame I thought of a reply once I was out of the door - it would be if it was my money they were after - but they've already got it!

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

[Riezem]

Hi there,

 

I've been reading loads of threads, but can't really find what I'm looking for.

 

They received my LBA re non-compliance last Tuesday, so if they don't send me copy of contract by next Tuesday, I can take them to court for non-compliance with Data Protection Act. If it does get that far, what can I claim?

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

[**Tilly**]

hi riezem

hopefully you will here from them but here is the link

Data Protection Act Non-Compliance - Particulars of claim

it explains here what you can claim

[Riezem]

Hi Tilly49,

 

Thanks again!!

 

It does look like I would only be able to claim time spend and postage..... would it be worth it?

 

I can't see the benefit ....

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

[**Tilly**]

hi

it is entirely your decision whether to take them to court

they could still send it to you i read on one of your posts you have the original then they must have a copy so fingers crossed and tk;)

[Riezem]

Yes, I do have original!

I want a copy from them, just to be awkward

And I'm thinking it might help build my case (as in - look how complacent they are) when I get to court for charges claim.

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

[**Tilly**]

i think you have made a decision then:D

[Riezem]

Well, here we go....

 

7 days have passed since LBA re non-compliance with Data Protection Act, I haven't received a thing.

 

I'm trying to find relevant threads. I've got everything prepared to file at court, but I would like to be convinced it would benefit me, apart from cost incurred (time spent / postage / court costs).

 

Is it worth the hassle?

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

[sea-sidelady]

If you have the original document and you have recieved your statements, then i dont see why you are still fighting. If you want another copy, you could try calling them before you pay out money at the court for it.

[Riezem]

Hi SeasideLady,

 

I know there's no real need, but I just wanna be awkward to them....

 

I'm not calling them. They've had since 3rd of August to send me what I asked for. They've got my home address, 2 e-mail addresses, home, work and mobile number.

I will wait until Nov 6 (deadline Prelim), I will put the fact that they didn't reply to LBA on their record

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

[sea-sidelady]

Ok, I just didnt want you spending any money you didnt actually need to, thats all.

[Riezem]

Hi all,

 

Their time's up!

 

I received a second set of statements and a list of charges accompanied by a letter. This lot in response to my complaint to the Info Commissioner. They didn't include a copy of contract.....

 

I Double checked, I thought I had my original contract, but I haven't.

 

So now I have no copy of my contract and they couldn't even be asked to send me the infamous standard letter ("sorry to hear you're not happy..... charges are fair.....")

 

Any news of any-one having their stay lifted? If not I might as well claim through MCOL......

 

Would the fact that Halifax couldn't be asked to even reply to me with standard $%^! "£$%! letters to either LBA on Data Protection Act or my Prelim re charges have any influence......

 

I know the answer is going to be "You can only try", but it be good to hear it from others......

 

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

[sea-sidelady]

There are some stays getting lifted. Have a read throught the stay forum link in my signature.

 

And it wont make any difference that they havnt sent out any letters as it is really not unusual for them not to get in contact.

[Riezem]

Thanks SSL

[Riezem]

Thanks SSL,

 

Let's just hope that a judge sees their ignorance and complacency as a good enough reason to lift a stay.... (if needed).

 

I'll take my N1 to court tomorrow.

 

phone call from our friends last night (if I wouldn't laugh about it, I would cry...)

 

Halifax - "your account is overdrawn unauthorised, you need to pay"

Me - "This is only account I have, and I don't keep cash under my matrass)

Halifax - "Can you settle by Debit or Credit Card?"

Me - "Only Debit Card I've got is with this account. If you refund unfair penalty charges there wont be any problem with my overdraft"

(The lady must have been quite new there)

Halifax - "Let me talk to my manager"

*Music*

Halifax - "which charges specifically"

 

I read out the whole list coming to a total of £2658, she talks to her manager again, but she was very sorry, she couldn't help me......

 

I'll send them a cheque.... and let it bounce

 

It is getting quite hard at the moment....

 

Can any one confirm that as soon as I file at court, this means my account is under dispute? And does this mean it becomes "untouchable" for Halifax? (ie. they can't chase me for outstanding moneys)?

 

I'm thinking of opening a new account elsewhere, have my wages put in it, move all DDs and SOs to that account and just let the Halifax account sit there until outcome of either my own or test case.....

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

[Riezem]

Just noted my mistake...... I'm running before I.......

 

They can have another 14 days after Prelim, need to send LBA first

 

That's what I'll do today.

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/10/2007 Deadline Prelim come and gone

[rory32]

And get that parachute account opened. Remember a basic account will do just fine as you don't need an overdraft facility just something that does DD's and SD's.

[Riezem]

Hi All,

Called County Court in Croydon.... All cases are being stayed. I was told that unless you have a very strong "hardship" case; stay will not be lifted

I received letter from Halifax "your complaint / request has been received, it's on record, please wait for outcome of test case"

The way I see it now is that it would be a waist of time and effort to even file at court

Is there anything that could change my mind?

Thanks for all your help and support, but I'm seriously considering sitting it out till after the test case

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

[rory32]

The only real plus of filing now is that it gets your case in the system. I know the position on blanket stays is going to be reviewed in January (although we can't know whether that means there will be a change of position on stays). Also if you file then the limitation period is frozen when the case is stayed.

 

Not a lot of plusses I know but something to perhaps consider.

[Riezem]

"Also if you file then the limitation period is frozen when the case is stayed"

Please explain

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

[rory32]

Under The Limitation Act you can only claim 6 years worth of charges back as this is the period of limitation. To claim more than 6 years of charges back you need to argue section 32(1)© of the Act.

 

Postponement of limitation period in case of fraud, concealment or mistake.

32 — (1) Subject to [F21 subsection (3)] [ F21 subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a)

the action is based upon the fraud of the defendant; or

 

(b)

any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

 

©

the action is for relief from the consequences of a mistake;

 

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

So if your claim for charges was near to the 6 year period, and you didn't wish to use this part of the Act as an arguement, if you filed now you wouldn't need to use this argument as the limitation period (the 6 years) would be frozen from the time that your case was filed.

 

It's not really a great benefit either way as the section 32 argument has been used successfully before.

[sea-sidelady]

One of the plussess is once you have filed, the interest will build up while you wait. But obviously when the claims arnt very large, then it doesnt make much difference.

[Riezem]

Thanks again for your advice and help...

 

I will file claim as soon as 14 days (after LBA) are up. Thanks for reminding me of the 8% interest £356.39 so far, and growing day by day.....

That is the reason still to go through the courts!

 

Below a link to yesterday's BBC articlce on OFT's response to banks' defefence.

 

BBC NEWS | Business | OFT rejects banks' charges claim

 

 

30/07/2007 Data request sent, including £10 cheque (Special Delivery)

03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement)

28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! )

02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too)

13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007)

17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax)

19/10/2007 Received statements (no copy contract)

22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)

30/10/2007 Deadline of LBA re Data Protection Act has passed

04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office)

06/11/2007 Deadline Prelim come and gone

10/11/2007 LBA sent

[Riezem]

Claimed under hardship. Got "final offer" of £90.....

 

Sent rejection letter and LBA

 

After two weeks received the following reply (a real person wrote this one; they misspelt my name and the signature at bottom is from a real pen)

 

My question:

 

I read somewhere they've now got 8 weeks to resolve my complaint.....

 

Should I (since they had my LBA for two weeks now) go straight to court, or give them another 8 weeks and then go FOS, or go straight to FOS now?

 

 

-----------------------------------------------------------------------

LPR/3/C&R/XX

 

6th March 2009

 

My name

My address

 

Complaint ref: XXXXXXXX

Account No: D/XXXXXX-X

 

 

Dear Mr Riezem

 

I am writing in response to your letter dated 20th February 2009. I am sorry to hear that your complaint has not been resolved satisfactory.

 

To finally resolve your issues I have escalated your complaint to our Customerrelations department for a final review. They will review yor case in it's entirety before issuing a final response to your complaint. If they feel they are unable to do so they will issue you with referral rights so you can take your complaint to the Financial Ombudsman Service for independent adjucation.

 

If you wish to discuss your complaint, pleas contact Customer Relations directly on 08457 253519.

 

You have previously received a copy of our complaints leaflet, which advises how we will handle your complaint. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for Assistance.

 

Yours sincerely

 

XXXX xXXX

 

Customer Care Manager

Retail Banking Collections