Hi has anyone won by the FOS

[Youngblood]

I got the a letter from ABBEY and they have refused my claim and has told me to go to the Financial Ombudsman Service, I have called the FOS and they say that it may take up to nine weeks. I don't want to wait that long and I can't go to court because I haven't got the money.

[jonni2bad]

If you think that paying the court fee will cause you financial hardship, you can ask the court to waive the fee.

 

Phone them, explain your circumstances and see what they say....

 

If you are in receipt of certain benefits then you will be exempt anyway!

[Guest louis wu]

I hate to say this, but 9 weeks is a pretty good time frame to reclaim your charges! Did they mean 9 weeks before they even look at your case?

 

If they say up to 9 weeks for a full refund then take them up on it, get it in writing, and sue them if it doesn't happen.

 

You need to tell us what stage you are currently at, what process you have followed, how much your claiming etc, and then you'll get more tailored advice.

[Youngblood]

Well if I had the money I would be at the court stage now.

[Youngblood]

I'm not on benefits I'm just a single parent and working

[Guest louis wu]

Well if I had the money I would be at the court stage now.

 

does that mean you have given them a request for payment, and a letter before action?, or have you followed a different method than is generally used at CAG?

 

dont want to sound picky, and believe me noone will want to help you more than me, but you need to post some details.

[Guest louis wu]

I assume you have looked at the HMCS web site about fees, I have copied a section that may be relevent. You may know this, but have you tried talking to the court manager?

 

FROM HMCS WEBSITE

 

The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

 

you or your partner receive Income Support;

you or your partner receive Pension Credit guarantee credit;

you receive Income-based Job Seeker’s Allowance;

your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;

your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form EX160A - Court Fees - do I have to pay them? This is also available from any county court office, or from our website Her Majesty's Courts Service - Home. You will have to make a separate application for each fee that is payable.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

hope this helps

[Guest louis wu]

You'll get sick of me soon.

 

found this for you, it might be worth having a read

 

http://www.consumeractiongroup.co.uk/forum/campaign/66764-financial-ombudsman-helped-me.html

 

You can PM the original poster and ask how it went.

 

best of luck

[Youngblood]

thanks Louis wu and Jonni for the info, my boss is going to pay the cost for me to go to court, in pay of helping him to do the same for his five bank accounts. so everything has worked out fine for now.

I will keep you all infomed.

[Youngblood]

Hi, I've just done my court claim online.

Does anyone know if I should send Abbey a copy, so that they are awake when the court contact them.

How long does this take, after the 14days they have to reply with their defense

[jonni2bad]

No, when you start court action the court themselves will give notice to the bank.

 

They then have 14 to ACKNOWLEDGE and a further 14 to submit a DEFENCE (28 in total). The court will notify you each step of the way.

[Youngblood]

Thanks so I've got less than a month to wait, for them to pay me back £5,000.

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

[pmahonc]

Actually they are within their rights to charge just not at the rates they do at the moment, they can charge only what it costs them to deal with the mistake, not the cost + profit.

 

good luck with the claim.

 

pmahonc

[PKea]

Thanks so I've got less than a month to wait, for them to pay me back £5,000.

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

 

They have a month to enter a defence, then you have to wait for the court date. This could be a few months away so dont think you'll have money that quick. There is also the posibilty that you wll also have to submit an AQ as well.

 

Abbey settled with me 4 days before the court date, and i waited 3 months from the inital court papers being served

[Youngblood]

Hi Guys just a update, Abbey has acknowledge on Friday so they have 28 days to put in a defence.

So now I'm going to get my defence ready for the court date.

Any idea on what to do until then.

[Janet-M]

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

 

 

I think you need to read this

[pmahonc]

Youngblood

that 28 days is from the date of issue not from the time they acknowledged. just in case you thought is was from when they acknowledged.

 

regards

pmahonc

[Youngblood]

Thanks so I've got 14days then.

Okay who got the latest court bundle

[Youngblood]

Well guys it been a month now and Abbey has put in a defence and now I'm waiting for the court to get back to me.

Abbey has asked for all the details of the claim and my personal details(which I think they have already or is that they are dumb or they don't talk to the complaints dept).

Anyway can someone tell me how long do I have to wait for the court to get back to me.

[PKea]

Well guys it been a month now and Abbey has put in a defence and now I'm waiting for the court to get back to me.

Abbey has asked for all the details of the claim and my personal details(which I think they have already or is that they are dumb or they don't talk to the complaints dept).

Anyway can someone tell me how long do I have to wait for the court to get back to me.

 

Can you clarify please,

Is this something thats in their defence?

[Youngblood]

Oh no their defence is something like 10 pages long. My personel details was for their lawers.

[PKea]

All the personal details they need will be on the court docs

name, contact details etc.

 

So they sent a letter seperatley asking for your details!

If they managed to end you a letter, they have your details!

 

Paul

[Youngblood]

Yeah I know that what I said to my friend who is also claiming from Abbey, so we are both being guided by this site.

Sorry Pkea you told me the answer in your first post thanks

[Youngblood]

Hi Everyone just an update,

Just got a letter from the court Today and it appears that all County Courts are transferring the Bank charges claims to the Mercantile court the be heard. My claim is going to the Royal Courts of Justice in central London.

Still no court date yet, hopefully it will come soon.

[Guest louis wu]

Here is a forum set up to discuss the mercantile court, it should be useful to you

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

and this is a very handy guide to the MC

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html

 

Hope this is useful to you.

 

Good luck

 

Louis