Stayed or not?! I'm confused!!!!

[impish]

Hiya

 

I put in my claim directly to my local court at Haverfordwest and shortly thereafter received a letter saying that the case had been stayed (because of the OFT case). I was also informed that my case was being transferred to Cardiff.

 

A couple of days ago, I received a notice that a defence has been filed from Cardiff County Court, along with an allocation questionnaire (small claims track) that I have to fill in by (remember, remember the) 5th of November (gunpowder, treason & plot).

 

For a start, I thought that the defence was extremely dodgy, especially the last paragraph, that included the statement that ..."the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft."

WHAT?!? It's laughable, really...

 

So - my first question is: Is my case stayed or not, seeing as the bank have filed a defence?!

 

Secondly, should I include anything extra in part G of the form I've been sent - where I can include any other information I consider will help the judge to manage or clarify my claim, including any other info I consider should be supplied by Barclays????

 

For example: should I ask that Barclays prove they have thus suffered loss and damage as a consequence of me being overdrawn (only ever by £1,500 at the most at any one time - it's hardly millions!).

 

One other point... in the defence that was filed, in part 2 it states that the particluars of claim are summary in nature and that, accordingly, my defence is summary in nature. That I reserve the right to amend this Statement of Case in due course. I don't understand that, when I noted dates, amounts, and included the relevant additional information available on this forum when I submitted my claim to the court...

 

Any help gratefully appreciated asap (as the form has to be returned by 5th Nov).

 

Many thanks!

Karen

[slick132]

Hi Impish,

 

Your case is not Stayed until the local County Court (to which your case has now been transferred) tells you so.

 

Have you read the guide to AQ completion here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Follow this carefully to complete your AQ which will include the Draft Orders for Directions which accompany the AQ.

 

Don't worry about the detail of bank's defence - just follow the guide and get your AQ into court. This is all you need to do just now.

 

You should keep to your existing thread here now and add to it - this keeps your claim history complete rather than starting a new thread every now and then which makes it difficult for us to track events. You'll get better help and advice if nec'y. If you can't find an old thread, use the search button and type in IMPISH - you should find your last thread and then add to it.

 

Stick to this one now and you should be OK.

 

Slick

[dar£n]

take a look here

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

 

last time I heard it was at the judges discretion still but have a read thro the thread someone may have had recent dealings with them.

 

good luck

[impish]

Okay... so a year later and I'm still confused!!! Is the OFT case over? My case (I presume) is still stayed as I haven't heard otherwise...

Has anyone else here put in a claim at Haverfordwest court and heard anything?

 

Thanks!

[impish]

Forgot to mention that I'm past my overdraft limit because of interest charges in the interim - I've had a heck of a time these past months, lots of hassle from the bank wanting a repayment plan. Am currently having to put money into the account monthly to offset their charges and bring me back under my agreed overdraft limit... haven't got the money to do this, but feel pressured by them like I have no choice but to give them even more money, even though THEY OWE ME. it's very frustrating having to wait like this... anyone else here facing similar problems?

[slick132]

Hi Impish,

 

Many who are waiting are having the same probs.

 

If you are managing, good. If it's causing you real hardship, please confirm and we'll see if any help can be offered.

[impish]

Thanks slick132 - I am 'managing' but it's not easy as I don't have any money coming in apart from working families tax credits... I'm a self-employed writer/author and work is sporadic!

I called the court today and they said I could apply for them to lift the stay - has anyone else here successfully done that?

[slick132]

Getting the Stay lifted has been tried many times and will not succeed.

 

However, if you complete an Income and Expenditure schedule and apply to the bank direct on the grounds of Financial Hardship, they should consider refunding.

 

I'll try and find the right link for this.

[slick132]

Have a look at the top 2 stickies here - http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

First off, approach the bank with an I&E schedule and see what they say.

 

If you think you have a case and they fail to act, you can go to the FSA.

[impish]

Meanwhile... I am now being chased by the dudes from the Consumer Finance dept and have been served with a termination notice while they're looking at my I&E form. Anyone else had one of those?

 

Retail banking customer services dept have written to me saying that "Whilst the media may have implied that by claiming financial hardship we are obliged to refund a claimant's bank charges, this is not the case and each claim will be considered on its own merits".

 

So we shall see what happens...

 

Any thoughts or comments from anyone here will be warmly received. Thanks!

[slick132]

Hi Impy,

 

Sounds like they're closing your a/c as it has been "out of order" for some time. Are you fighting or accepting this.

 

Are you setting up an a/c elsewhere.

 

Roughly what are you reclaiming from them in chgs and what is the present o/d on the a/c.

[impish]

Hi Slick,

 

I don't object to them closing my account - I don't use it anymore and I do have an a/c elsewhere...

 

I'm claiming around £900 in charges and I'm overdrawn around £1,600 - the accrued interest on the account has been building up since I put in my claim to refund bank charges over a year ago now.

 

I'm going into the branch to have a chat with them today... should be fun ;-)

[affirmation]

Hi Impish

 

I too put in a claim in Haverfordwest - against HSBC not Barclays - last year and is also curently stayed at Cardiff.

 

HSBC also continued adding interst to the account - which I wasnt now using and started adding to my credit history with Experian for the first time in 12 years.

 

The case is just waiting for the outcome of the test case - but its worth knowing that after several times of arguing with the call centres I went direct to the solicitors and complained about the increasing charges and continuing phone calls when the matter was clearly in dispute.

 

They stopped calling and adding interest but continued to record data and defaulted the account - again just for spite. tis time I complained to Experian and they have come back saying that following instructions from HSBC they are deleting the entry.

 

Dont take it lying down - the account is disupted and as such they should not be adding interest or further charges or recording data on it!! stick to your guns and demand they act accordingly.

[slick132]

Impish,

 

How did you get on with the bank?

 

Regarding your case and the comments from Affirmation above, have you read this about Defaults and the Stayed OFT case - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html

[impish]

Thanks for the info, Affirmation - truly appreciated! I am on the case...

 

[impish]

Hi Slick,

 

Well I haven't heard back yet - should be anyday now but will let you know when I do...

 

Thanks so much for the link! (No, I hadn't read that before - but I have now!!!).

 

Aint no stoppin me now...