Olden v Barclays Bank

[ice maiden]

Thanx for the replies.

Do you know whether the cases were positive for the Claimants or positive for the banks?

[smutley]

oh I think for the banks.... probably cases where the judge has gone down the line of thought on considerations being added... ie no more bank charges being incurred to account prior to result of OFT case. And then deciding against adding them!... Im sure one of mods might recognise the cases.

[olden]

I have looked around for butterbean and I think he's over on MSE or Penalties ? whatsit site?

[stonedecroze]

Hi stone and thanks for that Did you get your hearing date changed yet? also I wrote to that BBC programme and they never answered me at all, hope they got some good cases on there, must remember to watch that val

 

 

They were following my case, but the date for my hearing 13 Nov is outside their timescale. The program will go out on 16 Nov. They told me that they do have some interesting cases, so it is a pity that i will miss it as I am away on hols then. Will just have to find some kind soul to record it for me.

[Castlebest]

Hiya Olden first time I've read the full account well done !!! told you you would be ok once you were there

 

The cases he referred to were something like (and if anyone can interpret them, please feel free)

 

Bearing

Doesn't ring a bell here

Carslyle

Carslisle v Clydesdale (see below)

Harris v HSBC - Ian Hughes

Heynes v HSBC ? (see below)

Crossdale

Carslisle v Clydesdale ? (see below)

 

 

The two cases that are being used by HSBC (I know this is Barclays ) are Heynes v HSBC and Carslisle v Clydesdale. In both cases the judge upheld the stay but there are differences.

 

Heynes v HSBC.

Mark Heynes agreed to clear the outstanding overdrawn balances of his accounts so the judge stated there was no need to place further restrictions on the bank.

I have a paper copy of this judgment but don't know of a copy online.

 

Carslisle v Clydesdale (also known as the Leed's mercantile hearing)

This case was heard by a high court judge so I'm pretty sure it set a precedent (rules for other judges to follow).

The judge was aware of the possible actions of the bank while the stay was in place, further charges, debt collection, default report etc but he didn't think restrictions on the bank were appropriate. He does state however if the bank do try to collect or report defaults the stay would be removed immediately and the case would go to hearing effectively blocking the bank from any action during the stay.

 

copy of this can be seen here http://www.consumeractiongroup.co.uk/forum/show-post/post-1155075.html

 

pete

[olden]

Hey stone if you have got someone to record OK but not worry I'm sure it will appear on here or Martin MSE will do it?

[olden]

Hi all, WHERE DID IT ALL GO?? I thought it was me at first, what happened? I was waiting for a letter from the Judge, which might help or claim, as he told us, and I received a "Notice of Judgement Hearing" today. I don't understand whats this all about? heres what it says:-

 

Take notice that the hearing will take place on 30 October 2007 at 10.40 AM at Cardiff CC .....

NO ATTENDANCE REQUIRED

5 minutes has been allowed for the hearing

please note.. This case may be released to another Judge, possibly at a different Court.

vbrep_register("1200468")

[saintly_1]

I did put up a warning about the site closure

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/117918-site-closure-thursday-friday.html

 

saint

[olden]

sorry saint I didn't see it, is there a certain place to click on under these circumstances? I am still a novice. val

[saintly_1]

I started a thread about it hun but no worries

[tezl]

sorry saint I didn't see it, is there a certain place to click on under these circumstances? I am still a novice. val

 

how many fingers do you use to type val.

[slick132]

Just seen your post on Tez' thread.

 

Guess now you're a Golden Olden.:o

 

Regards, Slick

[olden]

all of them tez!! don't you? thats very good slick not to be confused with the golden oldies:D

[tezl]

still only one finger,

cant lay on sofa and use 2 hands.

[olden]

do you remember I had trouble with getting my refund from Ideal Shopping? well after nearly 2 months of emails and threatening letters they finally refunded,and put a £10 credit in my account with them to come off my next purchase! damn just when I decided I will never buy another thing from the b....s, give me the money!

[olden]

Hi all Have you seen this, I emailed Alanfromderby,and this is the reply, i was trying to forward my details to him as asked on the judicial review site where crfx has put that together. they want as many cases as possible. not sure if my hardship details are enough, but the other grounds put forward might be? :-

 

Hi

 

Thanks for your message, actually the server was down on Thursday/Friday for

essential maintenance work - it was nothing caused by outside influence as

it is our own server.

 

Our final submissions will be going to the FSA tomorrow, so if you wish your

case to be included then please can you let me have the details today if

possible.

 

It may also interest you to know that we have been contacted by Guy Weaver,

who is a journalist working for MoneyMail. He has asked for anyone who has a

complaint about a bank failing to action claims where they are going through

financial hardship.

 

As your case may fall within that category, you might wish to consider

contacting him to discuss your situation.

 

Thanks again for your support.

 

Best Regards

 

Alan

 

 

Guy Anker - Contact Details:

 

[email protected]

 

Tel: +44 (0)20 7938 6138

Fax: +44 (0)20 7937 8161

Mobile +44 (0)7960347105

 

Daily Mail,

Northcliffe House,

2 Derry Street, Kensington,

London, W8 5TT

 

 

 

 

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

From: "BankFodder"

To: "'alan@CAG'"

Sent: Sunday, October 28, 2007 1:09 PM

Subject: FW: remove waiver

[olden]

Alan has emailed back already, he will ensure my case is included, so go ahead, the more the better.

[olden]

What a shame about the judicial review proposal, all seems to be lost and CRFX is away so no one knows if anything can be done do they?

 

The paragraph about crfx not having standing as he himself is not aggrieved surely crfx could use one of us claimants name? and we would all be prepared to join ? Is this possible? CRFX has worked so hard for everyone. Not forgetting all of you.

[olden]

thanks for the link Jenny, I really must learn how to do that, haven't figured it out yet.

[olden]

Why Is Everything Showing 1st November ??

[olden]

Why Is Everything Showing 1st November

[olden]

OK now I think i need to do something about my debt. Is it a good move to get rid of Barclays after 45 years of banking with them and put the overdraft on to a loan with the cheapest interest rate? or should I keep barclays mounting up charges? As I knew when that stupid Bs sol. made her stupid comment to the judge! that I was 1000 under my limit!! by the end of the month I was up to the £5000 and by tomorrow will probably be hit! can't transfer any more that makes £9000 owing now. Any good tips would be nice.

[smutley]

omg Val.... how about opening/or if you have already got another bank account, getting all your monies paid into that and transfer what dd/so you have to the new account. Leave the barclays one standing just under the overdraft limit and just deposit enough to cover interest to keep it under the limit. Then sit back, forget barclays and wait and see if/if ever/ when barclays own up to overcharging and refund. Thats what I have done only using another barclays account that I had as I was unable to open another bank account. xxxxxx

[tezl]

hi val,

always easier said than done.

not knowing your personal stuff its difficult.

this is said in no condesending way to anyone,its just

what i have done

,the cheapest money was to borrow on house,which i did at start of all this.consequently i havent had any charges applied since.

i have got rid of 90% of my direct debits,this is a must to not get charges.

no direct debits no charges.

if you take cash out of hole in the wall knowing you will go into red,which we have all done,then charges.

ive kept important direct debits eg..,mortgauge,rates,dont want trouble from them,for non payment.

in a nutshell the rest can get stuffed,they get it,when i get it.

i now have bills sent direct to me.

back to good old red letters.

i have a water card to pay by at shop next to post office

energy bills come direct.

maybe pain for lot of people,but if it means no hassel from charges im doing it.

 

on the same note,i wonder if the oft will cover this point about people having to borrow to pay back o d caused by unlawful charges.

people loosing houses.

getting divorced because of money.

loosing buisnesses.

many more.

i never signed any thing when i got paid,so as far as im concerned my case is still open for further claims for damages.

unless the oft draw a line underneath all this,there will be claims for damages eg.., tom brennen.

 

thats why i think,the outcome of oft will not find charges were unlawful,ilegal or anything else.the damages scenario will make charges look like pee in the ocean.

 

back in groove,had severe case of sleeping sickness

tez

[olden]

Thanks Tez I still have a few DDs I have been mulling over getting a Loan, pay off Bs and CCards start in new bank or leave overdraft in Barclays, pay in enough to cover the interest and go to Alliance & Leicester parachute account with everything else, but I would still have to pay off C Cards still more going out than coming in methinks:( val