Are they allowed to do this?

[Lula]

According to their Website

 

What if I have already been made an offer?

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we will be held and recorded by us until there is a final decision in the "test case". We will then contact you again as soon as possible to finally resolve your complaint.

So is this ok? seems like another attempt to fob off claimants? what happens if the court in question isnt staying claims? Surely they cant arbitrarily decide that they are going to stay all claims if the court in question isnt.

 

I dont know what the best line in this is, but I think that I would be suggesting that before you decide to settle for what will be an insultingly low offer, check with your court and see what they are doing.

 

Does anyone agree? disagree?

[calcannock]

I was offered a settlement in full dated 11/7/07, from the Yorkshire Bank, which i accepted. Since then i have received an offer of £200 in full and final settlement, from the in house solicitors, also, on the same day, a defence was filed and now i have to pay £100 to file an allocation questionaire. I don't know what the Yorkshire Bank is up to. and I don't know I'm doing either. any suggestions?

[Lula]

if you have received an offer and accepted it have they said when they will pay up? if they havnt, ring them and tell them that if they havnt paid up by the day your AQ is due to be filed then the settlement should be raised by £100 see what they say

[PitmanTheBRAIN]

I Refused an offer from clydesdale bank they tried to for me off with a £200 check, my original claim was for over £1600!!! i was claiming my case through the FOS, i sent my check back to the solicitors/bank, and was waiting for another offer, the FOS sid it shouldnt be too long before the clydesdale bank get back to me with another settlement offer as it was over 6 weeks since i sent the check back!! now im gutted!! its going to take months before this ''test case'' gets sorted out!! been waiting for my claim for ages!! i hope the banks lose and everyone gets all there money back!!

 

And why are they not putting a stop on the charges going to our accounts just now if everything has been put on hold!!??

[Ladidi]

You know that was good question Caroline.

 

if the banks that have signed up for this Test Case and said all cases will be stayed until the outcome of this, then I agree, all charges they intend to charge the consumer with from now and until the decision should be stayed too.

 

Ladidi

[drive]

I am not sure if Abbey Credit Card is included in this test case but I received a letter today from Abbey (Customer Advocate Office) to inform me that they had credited the full amount to my account (charges+court fee+8% interest) on a 'goodwill basis'.

 

I submitted my N1 at my local court on 16/07/07. The Notice of Issue date was 17/07/07 so I was very surprised at such a fast turnaround and full settlement.

[Camdenite]

Lula, I think you are right. There's absolutely no way they can make the decision to stay the claim themselves. However, I'm starting to suspect that there is a a clever bit of wording in there. They don't actually use the word "stay" at any point. Not because they think the lay person won't understand it, but because they know they would never get away with it.

 

I think Abbey's strategy now is to settle as many cases for a lesser pay out as possible. Many customers reading that will take the money & run. Most people will not realise that they have the legal right to contest the stay and will accept whatever offer is put in front of them.

[JulesRamone]

Lula, I think you are right. There's absolutely no way they can make the decision to stay the claim themselves. However, I'm starting to suspect that there is a a clever bit of wording in there. They don't actually use the word "stay" at any point. Not because they think the lay person won't understand it, but because they know they would never get away with it.

 

I think Abbey's strategy now is to settle as many cases for a lesser pay out as possible. Many customers reading that will take the money & run. Most people will not realise that they have the legal right to contest the stay and will accept whatever offer is put in front of them.

 

I'm very glad you put this. I've just put in a QA last week and waiting for a court date, and this 'test case' business is annoying. As Lula mentions they are standing by offers they've made, but that is really half the intention, as you say, hoping that people will think of the offers already made and settle for that. I had it in mind as I got an offer of 65% about three weeks ago, but really I thinking it's going to take ages now, as no-one knows how long a 'test case' will take. I understand from another thread that a county court's was going ahead with claims, not 'suspending' them, and I was puzzled until I read your post. It makes sense now: it's just another delaying/payingupless tactic.

 

On the abbey website it says that abbey and is it six(?) other building socs are joining together for a test case. They used the word 'suspend' on the abbey website with regard to ongoing claims, which I'm hoping they can't do, as you say. Has BAG posted anything on what this test case is about? I know BAG is lobbying for a fair charges charter, but I havent seen anything about this test case.

 

I hope we can find out if a test case does actually stall all claims until it is resolved, how long the test case will take, ie how long before we'd get our money if they lose. Also, if the bank wins the test case, will it apply to all claims or can each claimant subsequently challenge the result of the test case?

 

JulesR

[ICY]

I am not sure if Abbey Credit Card is included in this test case but I received a letter today from Abbey (Customer Advocate Office) to inform me that they had credited the full amount to my account (charges+court fee+8% interest) on a 'goodwill basis'.

 

I submitted my N1 at my local court on 16/07/07. The Notice of Issue date was 17/07/07 so I was very surprised at such a fast turnaround and full settlement.

Credit cards are completely unaffected by this action