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lizzy40

Help needed with bank error!!!

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Good info.If this is the case then we should make this info available to all those with Business claims.Theres certainly lots of confusion.

Lizzies recent convos with the FOS appear to confirm that as it stands the position remains the same as before the conclusion of the part 1 OFT case.


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Maroondevo52 you post has left me a little confused?

 

MY case is so confusing over the course of 16 months I have had charges refunded which covered me up till May 2007 this was only refunded when the FOS got involved and then I never got refunded till Feb 2008 as it was touch and go as to whether Business and personal accounts came into the OFT's court case like you the FOS decided that business accounts are nothing to do with the court case and therefore the FOS will continue with them. I'm claiming for more charges from may 2007. Since 24 April things have changed the judge has ruled that they are not a penalty therefore this is the grounds for my claim under a business account. I am shocked why the FOS can put business accounts on hold when the whole court case is about personal accounts anyway. I quote from the letter I got from Barclays dated 25th April

 

" One of the issues that will be considered in the test case is whether these charges on personal accounts are penalties at common law. In the circumstances it is possible that this case may inform the approach to be taken by banks in how they deal with business claims such as yours".

 

So things have changed as from 24 April 2008.

I fax my letter to the fos yesterday and they have decided that business accounts will go on hold like personal.

What do you think? I was hoping to get the full amount funded?

I'm so depressed over it...

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Hi, Lizzy.

 

FOS putting Business Claims on hold is news to me. I'm really not sure what is the best way forward. Looks like you may have to wait until further advice from FOS is forthcoming.

 

Try not to let it get you down, you never know ,something might come through for you quicker than you think.

 

 

Regards.

 

Scott.


 
 

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Yes your quite right things do change on a day to day bases, however I have 28 days to accept offer but I feel the longer I leave it the bank may withdraw this offer!

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Thread moved to the new business forum :)

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I am in shock!

 

If you have been following my post you will know that I've had offer from Barclays on 25 April 2008 the day before court case and because of the judge's conclusion (not a penalty), business accounts could no longer claim refunds under the grounds of a penalty charge.

 

When I got this offer (the offer was bad) my claim had already been passed to the FOS.

 

When I heard this news I spoke with the FOS and they told me due to the new information from the court case, business accounts where being put on hold the same as personal accounts and the FOS weren’t looking at them.

 

Everything was out of my hands now and I had a month to decide what to do. I decided not to make any rash decisions and leave it as long as possible before the offer expired in case something changed has it had many times.

 

Although the FOS verbally told me that they were putting business accounts on hold I was still getting letters from them that my complaint was still waiting to be looked at. On the 13 May 2008 letter said my case was still waiting to be allocated to the casework support team? I did not read too much into this as I had already been told by the FOS it will be but on hold.

 

As my time was running out to accept this offer I rang Barclays to discuss it with them but they said as I'd passed my claim onto the FOS whatever I decided to do accept or reject offer it had to come via the FOS so basically I couldn’t do anything.

 

So I rang the FOS and told them but they said my claim was still waiting to be looked at and they would be in touch as soon possible. I didn't question them just thought lets just see what happens; things do keep changing however I wasn’t very optimistic and thought I'd lost the offer now but I just waited.

 

Got another letter on the 2 June from the FOS still waiting a caseworker to look at my complaint? Today got another letter this was dated 6 June so in four days they had looked at my case and resolved it something not right there. Anyway, the good news is Barclays have trebled their offer I must admit it is a shock because was expecting Nil or for it to be put on hold.

 

I am just so happy I will be getting my money back.

 

Hope this thread will help other business claiments as it looks like the FOS is still dealing with business accounts....

 

This has been hard work! Started original claim Feb 2007 - June 2008

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Hi Lizzy,

 

Today got another letter this was dated 6 June so in four days they had looked at my case and resolved it something not right there. Anyway, the good news is Barclays have trebled their offer
I'm really pleased to hear this - excellent news.

 

Please post up exact detail of the FOS letter, or scan it for us to see.


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Well done Lizzy, It's been a long haul, but hopefully worth it :)

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Whoooooooooooooohooooooooooooo !!!!!! :D

 

 

Another Business claimant getting justice !!

 

 

I am now even more convinced that something odd is going on with regards the banks attitudes towards the likelihood of charges (both Business and Personal) being found penalties at common law.

Why else would they be settling so many claims that are not based upon the UTCCR or OFT case, if they really were that confident that they could win them on the basis of common law not applying ?


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I agree something doesn't add up but I don't think anybody knows whats going on. I felt 100% sure that it was the end of the road for my claim especially when my offer expired. So I think the best thing for business claims is to carry on as normal and just hope its a happy ending!

 

This is part of the contents of the FOS letter I received on 6 June

 

" More recently, the financial services authority (FSA) undertook a review of the waiver it had provided to the banks concerning unauthorised overdraft charges complaints handling. At that time, the FSA decided that banks and building societies should, after all, continue to deal with complaints about default charges on business accounts"

 

The letter doesn't state when the review took place I'am assuming it was after the May court case?

 

Anyway hope this helps!

 

Lizzy

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