Any stays applied for against Barclaycard claims due to OFT bank charge test case?

[lesleyjane]

Peter

 

In reply to your question, I have not requested the removal of defaults.

 

 

Lesley

[noomill060]

I dont think the judges are blurring anything.

 

They know exactly what they are doing. After months of chaos and being overrun with claimants they are delighted to have suitable reason to put the brakes on every claim.

[noomill060]

There have been many threads this week from credit card claimants who have had a stay put on by the Court acting by itself.

 

Barclaycard have responded and now appear to be applying for stays as matter of course, clearly abusing the FSA's complaints waiver.

 

This waiver will be up for scrutiny by the FSA next month, and may be withdrawn if abuse of it can be shown, so everyone please let the FSA know what Barclaycard are up to.

[noomill060]

The FOS is still processing credit card claims though, wonder how long they will continue to do so if judges are staying claims off their own bat.

[pjdavies2000]

Hi all,

 

I have just finished a revised 'removal of stay' letter for the courts, that uses alot of the info from the OFT credit card charges report from 2006 to show how the current case is different and irrelevent to CCards.

 

I don't want to post it on here as such, as a mod will get pee'd as the last part is the basic removal of stay form, although changed to reflect CCards.

 

HOWEVER, if anyone would like one, PM me your email addy, and I'll send it for you to have a look through - ket me know if you need it in a format other than word.

 

Peter

 

ps - the OFT report is here:

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

[pjdavies2000]

Sorry to keep asking Qs, but I am trying to work out what the catalyst is for the judge to keep issuing stays.

 

So my new Q is - what POCs did you use if you were stayed?

 

Why do I ask - well if you used 'generic' POCs that have been sent a hundred times to the court, then maybe the stays are sent without actually reading the case through - this is where generic on our part may be the issue?

 

Peter

[noomill060]

The the FSA's waiver only applies to current account claims.

 

The FOS continues to consider credit card claims.

 

Why judges should be ignorant of these facts is beyond me. My guess is that they arent, and know exactly what they are doing.

 

Why is another matter, but a application for removal of a stay on the grounds that credit card charges were ruled on by the OFT last year should be successful.

[pjdavies2000]

That's why I am wondering what the commonality is?

 

Many are going through, some are not - is there something common between them - or is it certain judges who see it as the 'easy option'?

 

I suppose we won't know the answer to that, but removal of the stays is paramount if it happens - and to be prepared at court should it seem likely!

 

Peter

[noomill060]

Its up to the judge, they aren't aways correct though.

[dorisfluffy]

Hello!

I've had a letter off Barclays regarding my court case titled:

Unauthorised Overdraft Charges ("bank charges")

The next line reads: You have referred your complaint about bank charges for determination in Court.

I had a Barclaycard which is a credit card and does not have a facility for an overdraft.

Barclays are applying for a stay on my claim due to the test case. They have enclosed a leaflet titled:

Unauthorised Overdraft Charges Court Action

It is a question and answer sheet about Unauthorised overdraft charges.

 

When I first looked at the letter I thought 'oh well I'll have to wait' as I'm sure some other people will do. BUT, hold on a minute, how can they justify sending out letters and leaflets like this which have no bearing on the credit card issues whatsoever?

We need to write to the OFT, FSA, FOS and Barclaycard and also the courts to let everyone know what they are trying to do and that is intimidate people into thinking there is nothing to do but wait for the outcome of the test case.

That feels better, rant over. They will not beat me!

 

DF

vbrep_register("1071429")

[dorisfluffy]

Me again,

The questions in the leaflet amaze me further considering I have no overdraft with Barclays and had no bank account with them only a Barclaycard credit card.

 

The first question is: What is happening? which tells me about the test case.

Then: What will happen to customer complaints about unauthorised overdraft charges? well thanks for letting me know about unauthorised overdraft charges, not that it actually has any bearing on my case.

Thirdly: Why are the banks allowed to stop dealing with unauthorised overdraft charge compalints during the test case?

 

And on and on....

 

Hello Barclays, I had a credit card with you, do you not understand that this letter and leaflet has nothing to do with my case?

 

I'll be copying this letter and leaflet to send with my letter of complaint to everyone to let them know just what a bunch of no brain people this company is full of.

[moneyhelp]

This is just ridiculous - they are just sending out these fob off letters hoping we will go away - it makes me MAD!!!!!!!!!!

[noomill060]

Photocopy the letters and include them in your complaint to the FSA for Barclaycard's abuse of the FSA's current account complaints waiver .

[Craftylady]

Hi,

Have been reading through your messages with interest.

I received a letter from the court like many of you putting a stay on my case against barclaycard.

 

But I have been unable to find anyone that has been told by the judge that neither party can apply for a removal of the stay!

 

I dont know what to do now. Do I apply to remove it anyway, and risk upsetting the judge ( I am hopping that eventually he will be awarding in my favour against barclaycard) or do I just sit back and await the outcome of the test case?

[pjdavies2000]

Noo is right - COMPLAIN - this is exactly the thing needed to get the general stays lifted...he banks were warned, and should have known we wouldn't take this laying down!If anyone else wants a copy of my letter, email me at my user name @hotmail.co.ukThanksPeterReclaim the RIGHT!

[nevos]

IMO: Apply to remove the stay it will cost £35.00 there is a letter in the library. We have to keep fighting.

[noomill060]

Absolutely we have to keep fighting.

 

But the point is that the Courts KNOW that stays shouldnt be applied to credit card claims, why should we have to fight the Courts as well as the Banks?

[noomill060]

Quite suprised that there hasnt been much reaction to this from the mods.

[moneyhelp]

I'm not surprised at all

[noomill060]

Given that is is clear abuse of the cosy arrangement between the FSA the Courts and the Banks, this would be proof postive that the waiver should be withdrawn at the earliest opportunity.

[noomill060]

What a good opportunity to put the fabled £100,000 fighting fund to good use, and a guaranteed win into the bargain.

[lesleyjane]

I have compiled my "application for removal of stay" package - it took me hours to complete last night!

If anyone is about to embark on the same action then please contact Peter (pjdavies2000) - he has produced a really useful letter to accompany Pat C of Form N244 - it is easy to tweak it to fit your own individual case. THANKS PETER.

I am going along to my local court tomorrow morning to hand this over. Am I right in thinking that a £35 fee is payable when you apply for the removal of a stay? Can this be claimed back or not?

Also.... I want to send copies of all paperwork to complain about the very fact that this has happened at all. Who is it best to send copies to? The FOS? The OFT? The FO? I'd appreciate any advice.

I would also really appreciate the comments of a moderator - what is your opinion and advice - please let me know.

Many thanks for the advice I've received so far -I wouldn't have a clue without you all! I'll keep updating on this thread so you can follow my quest for removal of a stay if you want to.

[nevos]

You can write to your MP here

[LS123]

Had a letter yesterday from Southend Court to say that my Barclaycard case has been stayed - going to have a look at the paperwork for removal tomorrow.

[pjdavies2000]

This is getting ridiculous!

 

The one thing we were 'promised' by the courts, was that each case woukld be weighed on it's own merit...

...blanking staying of cases is not weighing anything, other than against us and in the banks favour.

 

Lesley Jane, thanks for your kind words, and if anyone does what a copy of the letter, PM me, and I would suggest that ANYONE who gets a stay from the court for a credit card case sends a rather annoyed letter to the OFT and FSA and FSO, plus a copy to your local MP. Nevos has provided the link above to do that.

 

So far response from MPs has been in general favour of our cause, (that's the general leniancy granted to banks) by adding some examples of pure injustice and in my belief 100% disregard of the legal system, by CCard companies, we could see some pretty big coverage and changes come into place.

 

I agree that MODs and CAG heirachy in general seem to have been slow to pick up on this - I personally 'reported' a couple of posts that mentioned the staying of CCard claims in the hope that a MOD may actually pull their finger out and have a look at what we are up to in the never-regions of the forums...but it seems there has been a general lack of pace by them so far. I can only assume they are all reading the Human Rights Act and the OFT report in detail!

 

So, just to make my points again, if you get a stay for a CCard:

- apply to have it removed immediately on the grounds of stay removal letter

- send a copy of your letter to the FSA and OFT, and send a cc letter to the FSO, adding a covering letter stating your shock and amazement at the abuse of the test case parameters by the banks, and the poor communication to the courts of the differing points of law in CCard cases

- write to your MP, saying how unhappy you are with the banks, the courts and especially the OFT and FSA for their weakminded approach to the case (there is a great line in the OFT CCard report stating that they wouldn't take banks to court for these exact reasons!!!)

- Send a copy of everything to Barclaycard

 

and if you feel really agressive, send something to the press, local or national - dropping an MPs name in will def give the MP in question something to think about in his/her reply to you!

 

Sorry again for the length of these posts, but when I'm irrate, I write!

 

Peter