FSA To Review Waiver

[Destinyofsouls]

Maybe it's time to hit the FSA with hundreds of complaints?

[Destinyofsouls]

Who can we call on to set up a template letter?

 

Let's not let this fade away, keep this thread up until we have hundreds that are willing to do this.

Whi is the greatest letter writer on CAG?

Could we have some input maybe form the more experienced people on here?

Keep bumping this thread everyone please, I would hate to see a great idea go down the pan.

( Right I'll get off my soap box now, there's only me on this thread. Talk about deaf ears)

[Destinyofsouls]

Gordon Brown is preparing for a general election in October this year.

 

Now is the time to put pressure on him and your MP's

Anybody any idea how to start this ball rolling?

[Destinyofsouls]

In the abscence of anything else, have a look at this letter to your MP. Please let me have any comments and any way of improving it.

Thanks.

 

The link to the MP is here ( thanks davebeek)

WriteToThem.com - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free

 

Mr xxxxxxxx MP

xxxxxxx

xxxxxxx

xxxxxxxxxx

1 August 2007

Dear Mr xxxxx,

I am one of your constituents in Anytown. I write to you in the hope you can help me in my plight with the bank and in particular the FSA.

You may be aware that on 27 July 2007, the OFT commenced litigation proceedings against the big seven banks to try and establish once and for all as to whether these overdraft fees are actually unlawful.

Whilst we agree with this course of action, the FSA has waived the regulation that enforces the banks to process claims of this nature until the outcome of this hearing.

This means that any claims going through the banks now for reclaiming charges (sometimes in their thousands) are put on hold and will not be processed for what could take up to two years if any appeals are allowed.

The FSA has also allowed the banks to apply for a stay in all court proceedings of this nature until the case has finished. The Banks are now to apply to the Master of Rolls to issue a blanket stay on all court hearings.

This is a ridiculous situation for all local people who are in the process of reclaiming charges. And, just to rub salt in the wounds, they have allowed the banks to keep on charging!!!

The majority of the people I have spoken to ( including myself) were not able to afford the court fees to take the claim to the next step. They have had to save every spare penny to raise the £120.00 needed so they could take the bank to court. In some cases where the claim was over £5000.00 they have had to stump up £250.00, something which was very, very hard for these people to find, considering it was the high cost of these charges that have put them in this position. Some even took out short term loans so they could take the bank to court to try and recoup some of these charges. They are now left with no claim, no compensation and hundreds of pounds out of pocket.

Although there may be a slim chance of them being able to recoup some of the court costs, the issue is that they should be allowed to continue with this claim and get their charges back, as have thousands of consumers all over the country.

To allow the banks to still charge and not allow the consumer the right to reclaim is against everything the FSA and the OFT and the FOS are supposed to stand for.

The OFT web site states :

The OFT is responsible for making markets work well for consumers. We achieve this by promoting and protecting consumer interests throughout the UK, while ensuring that businesses are fair and competitive

The FSA website states :

We have a wide range of rule-making, investigatory and enforcement powers to enable us to meet four statutory objectives summarised as one overall aim: to promote efficient, orderly and fair markets and to help retail consumers achieve a fair deal

The FOS Website states;

So when we look at a complaint, we give both sides a fair hearing.

Protecting consumer interests? - help retail consumers achieve a fair deal? Give BOTH sides a fair hearing? One word that appears in all of their statements is FAIR. How is this fair?

How can they be protecting the consumer interest by stopping them reclaiming what is rightfully theirs and still allowing the banks to charge these ridiculously high penalty charges.?

I understand that the banks disagree they are unlawful, so why have they kept paying out to consumers at the rate of around £500 million in the last 12 months? This alone should tell the FSA that the consumer has to keep claiming against the banks.

This situation alone will save the banks hundreds of millions of pounds, firstly through not paying out claims, not having to pay legal fees and more importantly, due to the Limitation Act 1980, the longer this case goes on the more they will save under the 6 yr rule of the above Act.

So, whilst this will save the banks money, the consumer goes further and further into debt by having charges still applied.

This is just the tip of the iceberg Mr xxxxx, I am sure there are many more people out there that will be destined for financial hardship as a result of this legislation. Not to mention the hundreds of thousands of consumers all over the country who have started their claims and some may also be made bankrupt by allowing the banks to still charge. All this caused by a regulator who is supposed to have the consumer in their best interest.

I would like to see how they explain that this benefits them. The problem with all this is, it was all done behind closed doors for months without anyone knowing except the banks, the FSA , the OFT and the FOS, and then, without a care in the world for consumers or anyone else, put into practice. The nice little arrangement that the banks had already sorted with the FSA, the OFT and the FOS, the three regulators set up to protect the public. Mr xxxxxx, someone is having a laugh at your constituents’ expense and it is not the slightest bit funny for us.

I also understand that It could also interfere with our rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998.

 

Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”

 

It is unreasonable to allow an indeterminate stay which depends on some litigation unconnected to the instant case, between other parties who have no relation to the parties in the instant case.

It is not clear that the matter will be heard as predicted and in the event that it does go to trial, there could then be appeals and subsequent appeals so that the matter might become protracted and even last as long as 3 years or more – from the date of the commencement of trial.

I sincerely hope that you can help us in getting the FSA to revoke this unfair and biased legislation and allow the consumer to continue to fight for what is rightfully theirs.

I thank you for you time.

[Destinyofsouls]

In the abscence of anything else, have a look at this letter to your MP. Please let me have any comments and any way of improving it.

Thanks.

 

The link to the MP is here ( thanks davebeek)

WriteToThem.com - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free

 

 

 

 

 

 

Mr xxxxxxxx MP

xxxxxxx

xxxxxxx

xxxxxxxxxx

 

 

1 August 2007

 

 

Dear Mr xxxxx,

 

I am one of your constituents in Anytown. I write to you in the hope you can help me in my plight with the bank and in particular the FSA.

 

You may be aware that on 27 July 2007, the OFT commenced litigation proceedings against the big seven banks to try and establish once and for all as to whether these overdraft fees are actually unlawful.

 

Whilst we agree with this course of action, the FSA has waived the regulation that enforces the banks to process claims of this nature until the outcome of this hearing.

This means that any claims going through the banks now for reclaiming charges (sometimes in their thousands) are put on hold and will not be processed for what could take up to two years if any appeals are allowed.

 

The FSA has also allowed the banks to apply for a stay in all court proceedings of this nature until the case has finished. The Banks are now to apply to the Master of Rolls to issue a blanket stay on all court hearings.

 

This is a ridiculous situation for all local people who are in the process of reclaiming charges. And, just to rub salt in the wounds, they have allowed the banks to keep on charging!!!

 

The majority of the people I have spoken to ( including myself) were not able to afford the court fees to take the claim to the next step. They have had to save every spare penny to raise the £120.00 needed so they could take the bank to court. In some cases where the claim was over £5000.00 they have had to stump up £250.00, something which was very, very hard for these people to find, considering it was the high cost of these charges that have put them in this position. Some even took out short term loans so they could take the bank to court to try and recoup some of these charges. They are now left with no claim, no compensation and hundreds of pounds out of pocket.

Although there may be a slim chance of them being able to recoup some of the court costs, the issue is that they should be allowed to continue with this claim and get their charges back, as have thousands of consumers all over the country.

 

To allow the banks to still charge and not allow the consumer the right to reclaim is against everything the FSA and the OFT and the FOS are supposed to stand for.

 

The OFT web site states :

 

The OFT is responsible for making markets work well for consumers. We achieve this by promoting and protecting consumer interests throughout the UK, while ensuring that businesses are fair and competitive

 

The FSA website states :

 

We have a wide range of rule-making, investigatory and enforcement powers to enable us to meet four statutory objectives summarised as one overall aim: to promote efficient, orderly and fair markets and to help retail consumers achieve a fair deal

 

The FOS Website states;

 

So when we look at a complaint, we give both sides a fair hearing.

 

Protecting consumer interests? - help retail consumers achieve a fair deal? Give BOTH sides a fair hearing? One word that appears in all of their statements is FAIR. How is this fair?

 

How can they be protecting the consumer interest by stopping them reclaiming what is rightfully theirs and still allowing the banks to charge these ridiculously high penalty charges.?

 

I understand that the banks disagree they are unlawful, so why have they kept paying out to consumers at the rate of around £500 million in the last 12 months? This alone should tell the FSA that the consumer has to keep claiming against the banks.

 

This situation alone will save the banks hundreds of millions of pounds, firstly through not paying out claims, not having to pay legal fees and more importantly, due to the Limitation Act 1980, the longer this case goes on the more they will save under the 6 yr rule of the above Act.

 

So, whilst this will save the banks money, the consumer goes further and further into debt by having charges still applied.

 

This is just the tip of the iceberg Mr xxxxx, I am sure there are many more people out there that will be destined for financial hardship as a result of this legislation. Not to mention the hundreds of thousands of consumers all over the country who have started their claims and some may also be made bankrupt by allowing the banks to still charge. All this caused by a regulator who is supposed to have the consumer in their best interest.

 

I would like to see how they explain that this benefits them. The problem with all this is, it was all done behind closed doors for months without anyone knowing except the banks, the FSA , the OFT and the FOS, and then, without a care in the world for consumers or anyone else, put into practice. The nice little arrangement that the banks had already sorted with the FSA, the OFT and the FOS, the three regulators set up to protect the public. Mr xxxxxx, someone is having a laugh at your constituents’ expense and it is not the slightest bit funny for us.

 

I also understand that It could also interfere with our rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998.

 

 

Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”

 

 

It is unreasonable to allow an indeterminate stay which depends on some litigation unconnected to the instant case, between other parties who have no relation to the parties in the instant case.

 

It is not clear that the matter will be heard as predicted and in the event that it does go to trial, there could then be appeals and subsequent appeals so that the matter might become protracted and even last as long as 3 years or more – from the date of the commencement of trial.

 

I sincerely hope that you can help us in getting the FSA to revoke this unfair and biased legislation and allow the consumer to continue to fight for what is rightfully theirs.

 

I thank you for you time.

 

 

oops how did I do that?sorry for the repetition,

[Destinyofsouls]

Thanks jenny,

At least that's two sent. The Mp's will be terrified now! I thought this is what some people wanted, to send complaints in about the FSA, obviously I was wrong. Maybe it would be better if someone else bothered to help.

[Destinyofsouls]

Well I have sent my second complaint to the FSA requesting information has to why they ruled that banks get a waiver while at the same time are allowed to continue making these unlawful charges against customers accounts.

 

I also want to know why it is banks haver the right to access my account and take whatever charges they impose without my consent. Not even the government, or any other company have this privilage so why on earth do the banks get it, just because they look after our cash?

 

The banks should be made to send out a bill like any other company, and if the bill isn't paid then the bank should apply for a court oder to retreive the money.

 

THEY SHOULD NOT JUST HAVE THE RIGHT TO TAKE IT!

 

try the Financial services Consumer Panel. Again, if enough people complain about this ruling they have got to listen. ( Although I feel I am wasting my time here) but heres the link

Financial Services Consumer Panel | About the Panel | Contacting us

[Destinyofsouls]

That's what does surprise me Jenny. The amount of people on here complaining and doing nothing!

 

Write to your MP, the FSA, Gordon Brown, The Financial services Consumer Panel, add your name to the petition on the No 10 web site.

DO something, anything. If we all pull togehter we just may be able to do something. If we do nothing, then nothing will be done

[Destinyofsouls]

Thanks everyone for sending this to your MP. Can I just say, that even if you're not claiming, please just send it anyway because it is your opinion and you will be helping others on this site.

 

Don't forget to tell your freinds & family to send one as well. Lets get them so fed up they will have to do something

[Destinyofsouls]

Well done Deso, thanks

[Destinyofsouls]

Jenny,

sorry for the late reply, I'm only on this PC from 9-5 ( works) Your letter looks great, thanks for your help.

Kog, whilst your leaflet looks great and you have some great ideas. I was thinking more along ther lines of getting the FSA ruling overturned. Thousands of people are aware of the charges but we need to get this ruling by the FSA overturned. That is what the letters to the MP/FSA/Financial services consumer panel are all about. Could you design a leaflet asking people to send a letter to the above to get this ruling overturned?

[Destinyofsouls]

Just received letter back from the House of Commons after my letter to my MP.

'I understand the dificulties you have been put into by this litigation, which could be very protracted. ( You're right there!)

I am making some enquiries and will get back to you as soon as possible.

 

( Better make it quick, I am seeing you in the morning!)

[Destinyofsouls]

Thanks to everyone who have subscribed to this thread and are spreading thew word around. Would be good to get it onto Martins site as well as stephen Hones site. In fact every bl***y site that will help us!

I have a feeling that this could lead to another consumer revolt like the Poll Tax in the seventies.

COME ON ! LET'S TAKE THESE REGULATORS ON AND SHOW THEM WE MEAN BUSINESS AND WILL NOT TAKE THIS LYING DOWN!!

[Destinyofsouls]

Welcome kenny- thanks!

[Destinyofsouls]

There's been some litigation? ;-)

 

 

No, he was replying to my letter on here that I sent.

 

(Sigh) And these are guys who are running the country!:o

 

Unless he was referring to my pending court hearings for charges which could be stayed

[Destinyofsouls]

This is starting to happen now. Thanks to everyone who has sent off letters.

Anyone on You Tube? ( I'm a bit old for that) Facebook? or is that American?

What about all the National and local papers?

All the Students union web sites?

All the NHS web sites ? They will have e mail addresses

[Destinyofsouls]

Oh this is great guys - I've been away working for a few hours and the thread has been transformed - it's taking off now!

 

Just a thought - anyone here with a bit of rep over at MSE? - we could do to share this idea with them, methinks - they vastly outnumber us and it would really add some traction!

 

 

I have sent a PM to one of the mods over there asking for their help with a link to this thread.

[Destinyofsouls]

Great stuff, Maybe the message is being driven home now.

 

 

Woder what the court ruling was they are referring to?

 

On the news:

Repossession are up 30%

Bankruptcies are up

And the banks are making Billions!

 

These claims in their thousands are just what a lot of people need to get their bank account settled and then could possibly avoid future charges. But now all they can look forward to is more charges

[Destinyofsouls]

lOVE TO SEE THAT SECOND ONE COG. wHAT A BL***Y great idea.

 

( sorry bout caps)

[Destinyofsouls]

Hya guys,

saw my MP on saturday. put that on the other thread. I PM'd jenny from MSE on 4/8/07 but had no reply.

Still no news from our hierarchy on here?

 

Well I am sure they are 'cooking something up' to help us all. Meanwhile it's great to see more members coming on here to join together. Lets keep the pressure up.

 

Whatt about the national pepers? I have sent it to the Independant as they have been campaigning for people to reclaim, and also the daily Mail who have also, but no reply. Maybe if we got it in the Sun and started a massive campaign with them?

[Destinyofsouls]

Have a look if your MP is a signatory on this early day Motion and let him know that you know he is against bank charges

EDMDetails

[Destinyofsouls]

Edited by DoS--

[Destinyofsouls]

ohoh4312

If you PM me with your e mail address, I will e mail the template to you.

 

DoS

[Destinyofsouls]

Thanks for the messge of support and the link, alecmac

 

Also thanks Jo Andrew Pelling MP added - but come on you lot, I need at least 10 out of you today!!!

 

 

Great stuff macboy- Keep up the pressure !!

 

There must be something else we can do to get more people over here. Why can't we get a sticky on the top of all forums, surely this is important enough to.

[Destinyofsouls]

Alecmac10

 

Why don't you contact all other claims companies and get them to send a letter in to their MP as well?

 

 

Thinking of a template............