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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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@scared

 

the bank are talking crap you can take action if you wish because its a hardship claim however the waiver has also been lifted so they have investigate your claim regardless, if they dont then take court action,although cag has advised to wait for a bit so everything can prepared using the correct argument

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Has anyone read the FOS section on Bank Charges?

 

Basically states they are still studying the ruling but all complaints currently on hold are unlikely to succeed.

 

No surprise there then they will be happy they get to clear their filing cabinets.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Cartoon from "The Times".

 

 

Seems to sum up the attitude perfectly !!

 

 

(click on image to see larger)

Times.jpg

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Cartoon from "The Times".

 

 

Seems to sum up the attitude perfectly !!

 

 

(click on image to see larger)

 

Brilliant!

 

The skill of the cartoonist--the whole situation summed up in one picture.

 

Pity that it couldn't be a sub heading for this thread.

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The suggestion is that claims be put on hold for a couple of weeks while we seek counsel's opinion over the wording of the POCs. Whilst the current POCs/templates do the job, we do think that they can now be strengthened in view of the judges comments, we are also looking into other avenues.

 

Obviously that does not stop anyone from starting the pre-litigation stages, we would just advise waiting before filing at court, or seeking the removal of a stay.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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Advice given is purely my opinion, and is not based on any legal training.

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signed !!

MBNA £250 bank charges refunded.:lol:

MBNA claimed £2700 in PPI:lol:

MBNA default removed.

WESCOT balance written off no cca.

WESCOT default removed.

TIME RETAIL.default removed.

LLOYDS TSB.£150 charges refunded

MINT £220 charges refunded.

currently 4 in dispute unenforcible agreements.

HFOS ordered to remove default

YORKSHIRE paid token £200 PPI going now for full £600

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The suggestion is that claims be put on hold for a couple of weeks while we seek counsel's opinion over the wording of the POCs. Whilst the current POCs/templates do the job, we do think that they can now be strengthened in view of the judges comments, we are also looking into other avenues.

 

Obviously that does not stop anyone from starting the pre-litigation stages, we would just advise waiting before filing at court, or seeking the removal of a stay.

 

Thanks Alan. There's absolutely no danger of having our cases struck out in that time is there? I spoke to my CC yesterday regarding a removal of the stay and they recommended moving swiftly as the bank was likely to be requesting all cases be struck off. I'd like to think he was just trying to be helpful, but I'm slightly concerned that the banks are ready to pounce on these stayed claims.

Edited by Camdenite
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Cause created on facebook...

 

with both links to the petition on 'Number 10' and 'consumer action group' websites...

 

For those of you who have a 'Facebook' account, the cause can be found under 'Support the thousands of bank charges claimants'... Becoming a member will help circulate the information throughout the web...

Edited by Bigredbus
Typo + addendum

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Thanks Alan. There's absolutely no danger of having our cases struck out in that time is there? I spoke to my CC yesterday regarding a removal of the stay and they recommended moving swiftly as the bank was likely to be requesting all cases be struck off. I'd like to think he was. Just trying to be helpful, but I'm slightly concerned that the banks are ready to pounce on theSe stayed claims.

 

Quite agree Camdenite.

 

My case is giving me cause for concern because it is only just in the process of track allocation having paid the AQ fee in person on tuesday, so not yet stayed even..........

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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I have a claim stayed at the moment against HSBC (since early 2008) and my POC (downloaded at that time from the site here) state

 

The Bank has debited charges from the Account in respect of unauthorised overdrafts and unpaid items, relying on terms on the Banking Contract which were either

 

(1) a penalty payable on breach of contract and unenforceable at common law and/or

(2) unfair terms within the Unfair Terms in Consumer Contract regulations 1999 (The Regulations) and unenforceable

 

Do I need to amend anything ? Will send the template letter to lift the stay tomorrow, but not sure if I need to amend my POCs ?

 

I am also worried if I don't move quickly HSBC will apply to have the claim struck out, so have today requested removal of stay using the template on the site.

Still not sure if my POCs are OK or whether I should have amended them. Never mind. They refer to the UTCCR although not specifically to clause 5 or any clause really :-|

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I am also worried if I don't move quickly HSBC will apply to have the claim struck out, so have today requested removal of stay using the template on the site.

Still not sure if my POCs are OK or whether I should have amended them. Never mind. They refer to the UTCCR although not specifically to clause 5 or any clause really :-|

 

Unlike its competitors HSBC hasnt made a comment about cases in the court system but it states that "complaints" are to remain on hold while discussions on the way forward are held with the FSA and OFT.

 

S.

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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