Just going to "have a go" at Barclays...

[welshcakes]

Hi J&W

 

I understand your line of thinking in respect of the Human Rights issue however you cannot indicate a HR issue on the basis of a Stay that has not in fact been issued at the date of you submitting the AQ. The only way you could reasonably justify a HR contention is where you could provide documentary evidence that your particular case had been selected for Stay and since you cannot pre-empt this ie acquire such evidence, I cannot see how you could argue the cause.

[jackieandwayne]

How about when the Court writes to say it has been stayed? Can I start arguing HR then perhaps? It just seems like we are all in for a lengthy wait so we may as well be just as annoying to the powers that be in the meantime. Use the time as a learning curve.

[welshcakes]

HR is one of the main arguments already included in the Objection to Stay template.

 

Some posters have suggested that judges have indicated that the HR issue is with some merit so it's certainly worth researching it more to see whether HR can be more potently argued.

[jackieandwayne]

Well, its been a while since I posted about this topic, been waiting like everyone else - OFT case.

 

In the meantime. I had to move banks eventually to get back control of my money. I wrote to barclays and told them that I wanted to cancel all dd's and standing orders. I didn't say i was closing my account or that they wouldn't be able to rob me of my salary this month. (Its like a breath of fresh air by the way, having control again!)

 

I didn't set up any DD's the other end, I told all of them that I would pay them by card and then reset up DD's later. Well now, is it my fault if Barclays ignored my letter and very kindly paid everyone for me? 10 of them? and charged me so much money for the privilige! The account is in dispute they can't do anything about my overdraft now, and i have just had a great month with my salary to myself and all my bills paid for! My letter was signed for, so they can hardly say they didn't receive.

 

Anyway, last week I got a nasty letter from their collections dept with a big red sticker on it. Action will be taken, blah blah blah. It was very inconvenient to have to reply to them and introduce them to the other department, customer services, who last year sent me a letter to tell me all about the OFT case etc etc. and assuring my my complain was on hold until the outcome. In these letters I pointed out that both Barclays and I are conversant with consumer law, did they really want me to report them to whoever, would they please just speak to each other, bugger off and leave me alone or i will bite. I also explained the need for them to try and be patient until the outcome of the OFT case is known.

 

This morning I had a telephone call from a Susanna of collections. She was very apologetic and stated they didn't know the account was in dispute. I politely suggested they use a simple flagging system on their computers! And of course no action will be taken until the outcome of the OFT case is known; She grovelled so much I thought she might offer to wipe out my overdraft - but no such luck!

 

Just thought I'd share this little ditty - it cheered my day and made me laugh!

[slick132]

Hi J&W,

 

Did you ask the bank to refund the chgs made by them in connection with them paying the cancelled DD's.

 

Just a thought as interest will be mounting on the o/d and this would save you a bit.

[jackieandwayne]

I did say that in fairness they shouldn't be charging interest on something that was their own fault. I said i had the signed postal slip - no comment was made, but I will write and point this out to them!

 

What I'm doing is putting aside a set amount each month in readiness in case we lose out in the OFT case, so that I can clear it straight away.

[slick132]

Ooo, wash your mouth out !!

 

Sensible but hopefully not necessary.

 

Definately take this up to get any resultant chgs withdrawn. If they won't play, you'll get the chgs refunded later on anyway.

[jackieandwayne]

I don't think it will be necessary anyway, but you never can tell and I don't intend to get caught with my drawers down again -so to speak! I can always have a holiday on it if I don't have to hand it over!