carter56 v Barclays

[saintly_1]

Sorry that your case was stayed hun ....... but well done on going and facing them

 

 

Guess I know which way my case will be going ... oh well think of all the interest

[tezl]

bad luck linda, but your a winner in a big way.

tez

[hagenuk]

Am I missing something here?

 

Next step Linda is to apply to lift the stay, look here for details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

Then again, come back for more advice and help if anything is unclear.

 

Read post #2, applying for a set aside of the stay.

[vincymum]

Well done linda, I'm so proud of you. I was up in court today aswell and my case went similar to yours. I see things differently. My worst case scenario is that it would get thrown out. It did not, so I'm happy.

 

I made an argument about benefits being inalienable and most of the bank reps seemed unaware. I said they could not put a prior claim on my benefits before I even got the money as not even the Inland revenue can do it automatically like the banks do.

 

I confess I like the sound of my own voice and I paid £120 to have it heard, and heard it was. Have a few days relaxing, cos that's what I'm going to do.

 

xx vincymum

[hagenuk]

Well done linda, I'm so proud of you. I was up in court today aswell and my case went similar to yours. I see things differently. My worst case scenario is that it would get thrown out. It did not, so I'm happy.

 

I made an argument about benefits being inalienable and most of the bank reps seemed unaware. I said they could not put a prior claim on my benefits before I even got the money as not even the Inland revenue can do it automatically like the banks do.

 

I confess I like the sound of my own voice and I paid £120 to have it heard, and heard it was. Have a few days relaxing, cos that's what I'm going to do.

 

xx vincymum

 

There is something else you should know about benefits too - it is not your money, nor the banks money, it is public money and therefore is not available to the banks in order to pay charges.

 

Right of set-off

 

Direct payment of centrally administered benefits and tax credits means that many benefit recipients now have their benefit income paid directly into basic bank accounts. This is income which the person concerned requires to sustain a minimum standard of living. Patricia Hewitt , Secretary of State for Health, recently wrote to Ian Mullen, Chief Executive of the British Bankers Association, about this matter, stating:

 

“I have recently heard of situations where people have become overdrawn in one of their accounts, or have incurred bank charges but have no money in their accounts to pay them, and as a result banks have taken the money from ‘direct payment’ accounts……I would like to highlight our concerns. I recognise that banks are legally entitled to do this when they are simply recouping a debt from an individual’s alternate bank account.

However, a direct payment account is not money that belongs to the individual; it is public money to be spent on the person’s care needs. Taking this money will mean that their care needs are not met."

 

Letter from Patricia Hewitt, Secretary of State for Health to Ian Mullen, Chief Executive of the British Bankers Association, 26 October 2006

[slick132]

Sorry, Linda about the outcome but I'm so glad you went and stood up for yourself.

 

Re Hagenuk's comments, have B's been taking their charges out of Benefits paid into this a/c (sorry but I haven't time to go back thro your thread now). This was important in the Torquay case that's been un-Stayed.

 

Slick

[carter56]

no barclays haven't been taking charges out of my benefits as i am employed. i guess i will take some time to think things through and then follow the next step.

i felt quite proud of myself today and that i didnt just sit there like a nodding dog.

linda

[oneofakind]

Well done Linda.

I know you didn't get the result you wanted, but you stood up and made yourself heard. Roll on the next court date!

 

You're a star.

 

D.

[torigirl_uk]

You sounded bloody marvelous! (excuse typo's!)

Well done chick, you went and fought your corner. Sorry it was stayed, but at least you were prepared for that.

Try the application to get the stay lifted, you never know! If not then just think of the mounting interest - which is what I'm doing now!!!

God what a confidence boost for you! Keep feeling proud you did good.

 

STAR!!!

Tori:)

[W_s_n]

Well done carter56!

i've not been on here for a while, but it was great to read all the way through.

My case has been stayed, but I will look at the details for the removal of the stay.....

W_s_n

[carter56]

well the day has finally arrived. just read on here about the hearing being transferred to smaller room with access for only 6 members of the public. somebody got something to hide ??? well lets hope it gets off to a good start. heard we might not know anything till about easter? hope those silly bankers are getting an early night tonight they will need their beauty sleep

good luck everyone

linda x

[saintly_1]

Hi

 

Long time no type

 

Hope your well and in fighting mood when this is all settled

[slick132]

Hi Linda,

 

Nice to see you again. I assume you didn't try to get the Stay lifted - it wouldn't have worked anyway as the Judge's had little discretion in the matter.

 

Stick around to keep up with what happens over the coming weeks/months.

 

Slick

[carter56]

hi everyone long time no see hope you are all doing well

so the result is due on thursday 24th april anyone got any views and should we be doing anything ??

linda x

[slick132]

Hey Linda,

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-consumer-issues/126479-oft-test-case-news.html

 

[carter56]

BBC NEWS | Business | Banks braced for charges defeat

[carter56]

so now we wait till may 22nd is that correct ?

linda x

[slick132]

Yes Linda,

 

Thats the deadline by which the banks must appeal yesterday's ruling.

[carter56]

so tomorrows the day fingers crossed but i think it will just be a day for the banks to lodge any appeal what does anone else think ?

linda

[W_s_n]

Hi Linda, long time no speak

Things have changed a bit eh?! The banks appeal was dealt with.

Have you read the Press Release by this website regarding the lifting of the Stays?