OFT Win

[Camdenite]

When your claim got stayed, you would have had a letter from the courts, you need to find it and see what it says.

 

Just had a re-read of mine and it states:

 

"Within 2 months after that decision is given (subject to any appeal that may be made), the parties or either of them shall inform the court in writing whether or not this case has been settled, and, if not, that further case management directions are or a hearing date is desired, and any party seeking further case management directions or a hearing date shall give a time estimate for the small claims hearing".

 

It's the last part, I'm not really sure I've grasped. Any thoughts?

[Bookworm]

It just means that once service resumes, if either side still wants to go to hearing instead of settling, they should tell the courts how much time they think they'll need at the hearing (so they can arrange their dockets accordingly).

[Guy]

Hi all,

 

Along with all of you i have been awaiting the outcome of this case, a further rack of charges accruing over the last year.

Not being too pessimistic but in the current economic climate, even if the eventual ruling goes in our favor, can the government allow a potential payout of billions when they in effect own the banks now anyway.

Is there any way they could intervene and stop us getting our dues back?

 

Guy

[yourbank]

Hi all,

 

Along with all of you i have been awaiting the outcome of this case, a further rack of charges accruing over the last year.

Not being too pessimistic but in the current economic climate, even if the eventual ruling goes in our favor, can the government allow a potential payout of billions when they in effect own the banks now anyway.

Is there any way they could intervene and stop us getting our dues back?

 

Guy

 

Considering that some estimates suggest as low as £2billion in payouts and that one bank alone has insured their debts for £250 billion, the economic climate will have nothing to do with it. They can't intervene on a legal process because it would an abuse of state.

[Vinnystoolbox]

Well some light at the end of the tunnel for some of you i hope, i received a letter from Farclays dated the 17th saying they had reassessed my case for hardship and were tranferring the sum of the charges 'which they still dispute blah blah' into my account 'as a good will gesture' but also that should the finding be against them they would pay the rest.

 

And i bet they think i'm going to keep that account open and use it, ha ha ha

[photoman]

Well some light at the end of the tunnel for some of you i hope, i received a letter from Farclays dated the 17th saying they had reassessed my case for hardship and were tranferring the sum of the charges 'which they still dispute blah blah' into my account 'as a good will gesture' but also that should the finding be against them they would pay the rest.

 

And i bet they think i'm going to keep that account open and use it, ha ha ha

 

Well done,

Nice to hear of some progress being made in hardship cases.

 

Perhaps you wouldn't mind helping others here by explaining how you managed to get your case reconsidered on hardship grounds?

 

Did you have to make an application, any submissions etc ?

 

Would you mind (with personal info removed) posting up an outline of any submissions & arguments you put forward ?

 

PM

[choco]

Well done,

Nice to hear of some progress being made in hardship cases.

 

Perhaps you wouldn't mind helping others here by explaining how you managed to get your case reconsidered on hardship grounds?

 

Did you have to make an application, any submissions etc ?

 

Would you mind (with personal info removed) posting up an outline of any submissions & arguments you put forward ?

 

PM

 

Yes, I would appreciate that too actually.

 

Bookworm, didnt get a chance to look last night through my paperwork for the court letter re the stay, will look later!

[Vinnystoolbox]

Yes basically i filled out a form barclays sent me when i made my original claim for hardship, giving my details, debts, income, outgoings, etc.

 

They originally said it wasn't a good enough case but the new letter says about

 

::::complaints regarding unauthorised overdraft charges still being on hold.

 

They have recently revised their policy for dealing with hardship claims, and have reviewed my information and decided to accept my claim for difficulty. So as a gesture of goodwill they have transferred the sum of my charges (not the full claim amount) to my account.

 

In the event of a court or regulatory body ordering them to make a payment with regard to my unauthorised overdraft charges complaint, such payment will be made less the amount of the goodwill payment.

 

This the "final response" with regard to my financial difficulty claim.:::::::

 

 

That's the slightly abridged version but it covers all the relevant info, i think they have been told that they are gonna have to pay out and would rather seem to be helping those in desperate need before they are ordered to do so. Farclays trying to save face i think,

 

Just as a side point i won't be using barclays as i never opened an account with them, i did have a Woolwich account some time ago.

 

 

Cough Nationwide cough

[koalaattack]

Congratulations Vinnystoolbox! I have to say I'm shocked that they've done this but that shouldn't take away from the fact that you've got your cash so nice one!

 

It still amazes me that this isn't really classed as evidence that the banks know they're wrong as surely no one is naive enough to believe that they really are paying back charges because they actually care about you as a customer or person?!

 

If they didn't expect the worst they would sit tight and let you rot (so to speak).

 

Or may be I'm just being paranoid?

[yourbank]

lol, all payments are classed as "gestures of goodwill" ie they're admitting nowt. They are however, alleviating hardship(some would say that they caused)

[koalaattack]

lol, all payments are classed as "gestures of goodwill" ie they're admitting nowt. They are however, alleviating hardship(some would say that they caused)

 

Yeah, I know that and I know legally it has no sway but surely everyone can actually see through it?! Surely!

 

It's just a little frustrating that banks will claim it's goodwill when no organisation with the aim of making profits that are as big as possible would actually dish out millions (from when this all started) unless they had to?

 

I honestly don't believe the banks are sitting there saying:

 

"Hey you know, I'm not sure these charges are fair..."

"Oh really, wow. Thats interesting. Go on."

"Well, it seems they have to be a fair representation of the cost to us and I'm not sure they are. And look, Vinnystoolbox and others are suffering financial hardship - lets just give them some of this back as a gesture yeah?"

"Hmm, do we have to?"

"No, we don't have to. It would be nice though wouldn't it?"

"You know, it really would. Fetch the cheque book and my good pen; I've some signing to do"

 

And they all lived happily ever after...

 

As a complete aside to this, I hope you don't think I have any beef with you yourbank? I'm aware it may look that way in the other thread but it was never on my agenda.

[fleeced_by_rbos]

Anyone ever though that Angela Knight of BBA is like Comical Ali - she says banks are helping people while clearly they are not but she insists on trotting out the same old guff.

[choco]

Yes basically i filled out a form barclays sent me when i made my original claim for hardship, giving my details, debts, income, outgoings, etc.

 

They originally said it wasn't a good enough case but the new letter says about

 

::::complaints regarding unauthorised overdraft charges still being on hold.

 

They have recently revised their policy for dealing with hardship claims, and have reviewed my information and decided to accept my claim for difficulty. So as a gesture of goodwill they have transferred the sum of my charges (not the full claim amount) to my account.

 

In the event of a court or regulatory body ordering them to make a payment with regard to my unauthorised overdraft charges complaint, such payment will be made less the amount of the goodwill payment.

 

This the "final response" with regard to my financial difficulty claim.:::::::

 

 

That's the slightly abridged version but it covers all the relevant info, i think they have been told that they are gonna have to pay out and would rather seem to be helping those in desperate need before they are ordered to do so. Farclays trying to save face i think,

 

Just as a side point i won't be using barclays as i never opened an account with them, i did have a Woolwich account some time ago.

 

 

Cough Nationwide cough

 

Thats really good to hear.

I have submitted a complaint to the ombudsman about my hardship and they're looking into it, so watch this space.....

[choco]

#duplicate#