Cardiff directions hearings *POST HERE*

[smutley]

and heres one that I received today....

 

Thank you very much for your e-mail regarding the test case of unauthorized banking charges.

 

The test case, which will determine if the bank charges are indeed unlawful. is due to begin by October at the very latest. It is hoped that the decision will clarify the level, fairness and lawfulness of these charges. The judgment of the court is likely to apply to all existing and future claims against these charges. The FSA hope that the test case will deliver a fair outcome for consumers because, once the test case has created a clear basis for resolving these complaints, firms will be able to deal with them in a fair and convenient way.

 

I am sure that proceeding on the basis of one test case in relation to these charges is ultimately to the benefit of bank customers, who until now have engaged in an expensive lottery in challenging these charges in the Courts. I share your concern, however, about the decision to allow banks to continue to impose charges until the case is concluded. I believe that there should have been a suspension of further charges pending the Court outcome, which would have the advantage of concentrating the parties' minds on ensuring that there is no avoidable delay in hearing and concluding the case.

 

Up until now some customers have been refunded while others have not. The FSA does not believe that this is in all of their customers benefits. In order for the test case to progress the FSA has granted some banks and building societies a waiver. This means that they do not have to comply with FSA regulations on time limits for dealing with complaints on this issue.

 

From 27th July the complaints have been `put on hold´. However there are a number of conditions which the banks and building societies must meet while the waiver is in place. Primarily your bank and or building society must keep you informed of any developments in the test case The FSA also expects firms to continue dealing with any cases of genuine financial hardship during the waiver period. I refer you to the Banking Code Standards Board's website (/www.bankingcode.org.uk/) fir further information.

 

As your complaint is still to be processed the banks and building societies are likely to continue with their policies of charging; however if the test case rules in favor of the consumer these charges will be repaid to you in full. Any customer who has already accepted a final settlement offer will not be able to benefit from the upcoming ruling.

 

Should you have any further queries on this or any other matter please do not hesitate to contact me.

 

Yours sincerely,

 

 

 

 

Jonathan Evans MEP (Wales)

Chairman of the Delegation for Relations with the U.S.

 

-----Original Message-----

Sent: 01 September 2007 01:54

To: EVANS Jonathan

Subject: Letter from your constituent Jenny xxxxxxxxx

 

 

 

This message was also sent to: Jill Evans MEP, Eluned Morgan MEP,

Glenys Kinnock MEP

[olden]

you stayed up late Val!! interesting letter but just a fob off really...

In our view the waiver does not interfere with rights under the Human Rights Act 1998. Consumers may still lodge a complaint with firms or bring a claim to the court during the duration of the waiver, if they wish.

yes, we have taken our claim to court.... but when does it get heard !!!

We can revoke the waiver at any time if we consider that it is no longer appropriate because, for example, the test case is not progressing or if a delay in the resolution of the test case is likely to cause undue risk to consumers.

So are they honestly going to tell us if the case is not progressing? Or just keep us in the dark as they did about the OFT case ?

Human rights........ we just dont have any rights!

YES Jenny, and if I don't stop this, they will also be liable for a divorce!! does that count as hardship

 

 

 

[johnandcaz]

had hearing 10th aug..case stay..requested apeal..of stay ..court official(very nice and helpfull) has told me the judge will be looking at all cases on stay appeals today friday or monday cardiff court..

[smutley]

thats good news... we might actually hear something this month then - fingers x'd

[olden]

Hi I just saw this and thought you might be interested, that ought to keep us fighting!

 

 

Gold Account Customer

 

Join Date: Apr 2006

 

 

Re: FSA To Review Waiver

Some UK banks reported their half-year financials this week - here's how they did:

 

RBS/NatWest

Half-year profits 11% up at £5.1 billion

 

Barclays

Half-year profits 12% up at over £4 billion

 

HBOS

Half-year profits 12% up at just under £3 billion

 

Lloyds TSB

Half-year profits 15% up at over £2.01 billion

 

Anyone feeling sorry for them? Anyone need another reason to carry on claiming

 

Mac

 

(i'm also going to cross-post this into a thread of its own - everyone should read it and weep...)

[/url] vbrep_register("1055523")

[smutley]

Barclays

Half-year profits 12% up at over £4 billion

 

we would hardly make a dent in their profit.... and how did they get so much in the first place.... did we help in anyway!!

 

I had a reply from Julie Morgan MP this morning, a two page letter to me plus a copy of the letter she has sent to FSA - will attempt the scanning onto here tomorrow - she agrees that the banks should not continue to continue with their charges .....

[olden]

Hi jenny, Wonder how come they are UP after all the fuss they make about paying out? thats why I think the business about them having to resort to applying a fee for operating everyones current account in the future to make up for what we are doing, is a load of old tripe.!!

 

I have sent off my letter to my MP Jessica Morden, in response to the FSA letter, also asking for a copy of the letter which she sent to the FSA, I wonder if it will match yours?

[smutley]

Hi Val, have scanned in the letter from Julie Morgan, but dont have as much stamina as you... to stay up so late!!!.... cant work out how to upload the letter(s) and cant find the instructions anymore that you got on the Mp's mailed thread!...will have another go tomorrow - will be interesting to compare letters.. ah well, lets see what the postman brings tomorrow

[smutley]

After many failed attempts, managed to upload copy of letter received from Julie Morgan MP and her letter to FSA its posted in the thread

Re: List of all MP's written & emailed. .. I 'll have another go at uploading here

 

NB they may be in the wrong order!

 

YES, START WITH THE LAST ONE FIRST - READ IN REVERSE ORDER

[olden]

Hi Jenny, while I say she is waffling a bit and seems to me to be too much in favour of the test case and the banks, I think she has stated the main points in the llast paragraph of her letter to the FSA

[smutley]

In the letter to the FSA point 2, what does "to issue claim out of the county court" mean? Bet thereply from the FSA is rather like the one you got!

[olden]

Is she referring to those who have gone via the FSA and not the court, and come to the end of the FSA alloted time it gives the banks under their ruling or something, and therefore not referring to us who have already done that? does that make any sense not sure now? nite nite I am getting an early night

[smutley]

cheers Val, makes it a bit clearer....will re read again.... I must depart now too... catch you tomorrow! night night x

[olden]

Hi Jenny yes you do know me from somewhere:)

[smutley]

hehe... recognised you from the "cardiff carve up" !

[claret74]

Hi all,

Today I received my General Form of Judgement or Order regarding my application to have my stay listed. It states the following:

 

Before District Judge Hendicott sitting at Cardiff County Court:

Upon reading the claimants submissions objecting to the proposed order of stay it is ordered that:

1. The submissions be treated as an application to remove the stay in the order of the 8th August 2007.

2. The application is refused.

3. As this application has been refused without a hearing, either party may apply for the application to be reconsidered at an oral hearing. Any such application shall be on notice, and it is reserved to HHJ Hickinbottom or DJ Hendicott unless expressly released by either.

 

Dated 03 september 2007

 

How are we going to get justice?????

[smutley]

gutted.... what else can I say.... I havent heard anything yet, think you must be the first one. did you tick the hearing box or was it in letter format? Also, did you mention any 'hardship' in objection? See that you can apply for a hearing but now they want a 'notice' which will obviously have a fee attached to it. Well I suppose it was expected, they would not have the guts to hear the case with the OFT test case and now lloyds dropping their 'penalty' charges whoops service fees. I feel instantly depressed now and no doubt you are too

[claret74]

Hi Smutley,

I am totally gutted too, there is just no justice to be had in Cardiff. As you have asked I did send in my N244 and ticked the 'hearing' box, I also included my fee and so did things the 'right' way. What does 'on notice' mean?

How are Lloyds dropping their penalty charges, I thought they were just changing what they charged and calling it something else?

 

Clare

[olden]

Hi claret, yes I too am so sorry, after all the hard work it's just another kick in the teeth. I haven't heard yet either, but I don't expect any different form you now, and yes about the Lloyds, the appalling thing is that what they are proposing could well be costing more in penalty charges than before, have you read the article, it was in the express again yesterday, if I can scan it I will paste it here, it's a complete cover up, because the charges are still unlawful in that they do not reflect the true cost. Are people conned so easily?

[smutley]

Here we are claret, take a read of this Bank Charges: Lloyds TSB Gets Sneaky - 13/09/2007 - as you and olden pointed out their re naming their penalty charges, which could end up costing more - I put in one of the threads in the general section that this could end up costing £200 a month!

I got all excited, there was a letter from ccc for me when I got home from work, but its a General Form of Judgement or Order in reply to my application to update my claim .. in which it is ordered that

1. Leave granted to amend particulars of claim

2. Case thereafter stayed

So still waiting for my objection reply

'on notice' means that you need to fill in another N244 which is about £35 - without hearing and (need to check) £60 with hearing?

[smutley]

Just found this thread Case in Cardiff on Nov 14th stayed. Help needed to lift it!!!!! - Identical order as clarets - wheres ours Val !!!

[olden]

Hi Just read that and I can't believe it. Surely it can't possibly happen! doesn't that £1. charge say it all ? I hope they fall flat on their face all customers leave them for Alliance & Leicester, thats if any bank can be trusted.

 

By the way I can't remember how I got to paste this scan here, it isn't working now,:o but it's probably one you read earlier:cool:

[smutley]

and then I found this one Boyfriend v Barclays - a hearing for the stay ojection...... now how fair is that, so we are back to the postal lottery as to where we live, obviously we live in the wrong place. Also read today that in Edinbugh the judge is going ahead against the banks.. you can move your claim to Scotland if your banks head office is there, so no good for us barclays customers... to copy and paste, highlight the thread or link right click then paste ....never did get to grips with pasting a scan!

[olden]

Just found this thread Case in Cardiff on Nov 14th stayed. Help needed to lift it!!!!! - Identical order as clarets - wheres ours Val !!!

 

 

Well after all this I feel as if we are wasting our time, it's a foregone conclusion. This is so wrong, and everyone is doing their utmost to get some sort of justice,

[smutley]

its makes me feel like that to. Cardiff must be the slowest court in the country, bear in mind I put my N1 into the court in March (started claim in Jan)... expect your was around that time to. But why did we have to wait until August, just for directions.... not even a hearing date..... if Cardiff had responded sooner our cases would have been done and dusted long before the OFT test case nonsence... makes you think that our judges were in the 'know' long ago.... its just all so unfair