OFT Test Case Questions

[pjdavies2000]

Apparently so, and then add them to microfiche!

 

Well, I got them anyway, even though they told me the same on my cover letter!

[welshcakes]

I'm about to SAR my mortgage company for a couple of £30 charges two years ago when the monthly Direct Debit failed.

 

Will be interesting to see what hapens as the Test Case is about banking charges and I do not consider a mortgage account to be the same. Does anyone feel the OFT will bring up mortgage charges in order to encompass them into this Test Case?

[carter56]

well it all sounds like a good idea i am defo going to look to who i can send off my sar to next week

thanks linda

[pjdavies2000]

Basically anyone else can still be worked on:

Mortgages

Credit Cards

Store Cards

Loans

Debt Collectors

 

That should be enough for us to be getting on with for the next few months!

 

The goos thing about CCards is that the OFT have already ruled that anything over £12 is unreasonable, and even £12 would need to be justified - so how could we lose that one!

 

Good luck everyone!

 

Last one to claim is a - erm - banker!

 

Ha ha

 

Peter

[tonycee]

Apparently so, and then add them to microfiche! well, I got them anyway, even though they told me the same on my cover letter!

 

Yes i got 4 years worth of microfiche statements, but requested, and am still requesting 17 years worth. Apart from holding a gun to their head, or non compliance through an over crowded court, any ideas ??????

[pat69]

I agreed to a settlement with barclays on tuesday 17th of july, sent agreement signed str8 away, bs said had not recieved. sent copy by fax on thursday 26th july they said they would request payment, where do i stand now??? is my agreement binding or have the oft pulled the rug on me for now??

[welshcakes]

Pat

 

There is an Agreement document that has been signed by both parties - it is legally binding and no decent judge is going to side with Barclays should they decide not to honour it.

 

Tonycee

 

I have put a thread on today about SARs and how imperative it is that people do not give an inch interms of non-compliance.

[welshcakes]

According to Yahoo News today:

 

"Meanwhile, the FSA has agreed to allow banks to stop dealing with complaints over unauthorised overdraft charges until the courts have issued a judgment, and the Financial Ombudsman Service is suspending its work on the issue.

 

Banks will also be writing to the UK courts requesting a stay of all claims that are pending until after the outcome of the test case."

 

So I guess that gives us an idea of what to expect at all further Directions/Preliminaries.

[vogelrok]

i posted this response in another thread with regards to this. if you dont claim the unauthorised overdraft charges, but all the over charges. i.e. unpaid d.d. unpaid referal and such could you stop the stay by the judge on these grounds.

 

dont claim the unauthorised if its a new claim. this is only a guess. but got to be worth a try surely

[raz76]

SO is there any kind of draft of letter that we should send to our courts to request that they do not allow for a stay?

 

For some of us this has already dragged on for months and months, another 6 months and I'll be within reach of financial disaster. Seeing as they have been paying everyone off and just delaying it as long as possible it is surely even more unfair to allow them a further 6 months or more delay before they do what they have done in thousands of other cases and pay up

[GuidoT]

Raz76 - There in one is progress that will be posted soon.

[millymollymoo]

Hi can some kind soul help me out here ...oh please!

 

I have two claims for my o/h against barclays at the mo, both in court.

 

first one is barclaycard, so I guess thats okay as its their credit card me hopes!!!! Goodness i hope so as this has been going on sooooooooo long in court!

 

The second is against barclays, my o/h's current account. This one is at the stage of waiting for their defence to be filed {next wed latest}. This is for paid referral fees and unpaid outs fees only claimed. My question is will this second claim be stayed because of the OFT test case??

 

Milly XXXX

[taff-p]

Hi mily..im am also at the same stage with barclays and thay have until monday to send in there defence..i was told by my court on friday afternoon i would still win by default if thay did not recive there defence monday..I shall phone monday and find out.

[millymollymoo]

OOH...lets hope they forget with everything thats gone on;)

 

I wish you no defence from them and a judgement against Barclays:D {and a nice fat cheque:D ]

 

Good luck

 

Milly XXXX

 

P.S Let me know what happens!!!

[taff-p]

Will do milly.thanks.

[saintly_1]

There is work going on at the moment to produce an argument against any syays that are applied for

[pjdavies2000]

There must be something around the fact that the FSA and OFT are entering a case against excesive overdraft fees...for example, and unpaid out, isn't about overdraft fees as such, but against the cost of bouncing a direct debit due to insufficeint funds. Generally, the bank hounour these, so the charge is for that, rather than going over your limit.

 

I know these are weasle words, but its about time we played them at their own game! Something like this could be used to lift a Stay, and force their hand. But then again I suppose this needs alluding too in the POCs?

 

My head hurst now!

 

Peter

[saintly_1]

As GaryH said on the Cardiff Hearing thread last week hopefully there will be something available tomorrow to help fight any stays

[pjdavies2000]

A message from our sponsors:

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

Peter

[littlebea]

i am at Bow County Court on 7th Aug and i rang Barclays the other week, who said theyd be sending me out a letter last week (they never) NOW i rang them today and Mr HIckey (beautiful voice by the way but im still MAD) said they will be sending a barrister and asking for the cases to be stayed in light of the big OFT thing. he advised i should still go to court with my court bundle. so no early settlement for me then,,,,,

[mikesmotor]

Dear All

 

I'm in the throe's of taking Barclays to court. They've offered me about 75% of my claim but in the light of this OFT situation should I accept, wait for the outcome of the case or proceed with the county court. Any advice here would be helpfull.

 

Many Thanks

 

Mike

[welshcakes]

Mike

 

I always say two things to bear in mind

 

1) How much of a difference will it make to you short and medium term to have 75% now.

 

2) Put your figures into the spreadsheet and see what you're claim is worth upon filing in court PLUS of course *5 still accruing until settlement.

 

BTW, I wonder if the FSA will head another case against the banks for being naughty by not playing by the rules of communicating with customers :

FSA finds banks at fault over complaints

 

By Jennifer Hughes

Published: July 27 2007 19:59 | Last updated: July 27 2007 19:59

 

 

Two high street lenders are being investigated by the City watchdog after it found “significant defic­iencies” in banks’ handling of complaints on overdraft charges.

In a report on Friday, the Financial Services Authority said it had found some banks threatening to close accounts in what seemed to be a move to deter complainants; others were fobbing off complaints with “irrelevant” responses.

[tnook]

I guess we should all start claiming Compounded Contractual Interest.

 

The banks are keen for us to have plenty of time to accumulate it

[smokeyspot]

I am on my second claim - first one settled in full before court hearing. I have sent the letter before action but have been offered nothing as they say they have already settled with me once and this covers all other cases (!). I am happy to go ahead but obviously the next step is going to cost me money. If I haven't actually got a court case going at the moment, then surely nothing will be done until after the test case? If the case ends in our favour but gives a figure for charges at about £12, surely I'm gaining nothing by paying extra for court as they will only pay back the charges? Sorry if this doesn't make much sense but I'm not keen to pay out any more if there's a chance I wont get it back. Any advice gratefully received!

[thespaceshanty]

Just called Barclays they are contesting and going for a test case!