cary anne v barclaysc"WON"

[jansus]

Hi

 

I wish I could help you more but I am afraid I am not up on the area of your arguments - however I have been told that because of the agreement the banks should not be taking your cases to court in the first place please read this post - the links may be of interest . the FSA quote is just an extract from their website announcement - and the other link from CRFX250 who is posting on general as he is is pressurising FSA to lift the waiver. Also the last link to the A&L thread may be useful - it is one of the first times we have seen the FOS help on a case that was already started in the court system. I think from what I understand the courts feel they have no choice but to stay the cases - but at least there may now be an alternative route. But perhaps you can use these links to state that the banks are abusing the system. Best of luck and I hope someone more knowledgeable helps you soon.

 

JAN:)

 

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through.

 

If you feel that SINCE THE WAIVER you have

1) appealed against a stay on this basis and been refused

 

(Just to clarify, the courts have a right to stay any case but banks should

not apply for a stay in cases of hardship.)

 

2) contacted your bank and asked to be considered on this basis and been refused

3) had been offered a settlement which has now been retracted

 

if you feel this applies to you please pm me or post details here. I am trying to help CRFX250 collect data to send to the FSA. He is trying to gather evidence in order to make them consider lifting the Waiver which is due for review.

 

Here is a link to the proceedure the banks were supposed to adhere to

 

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

 

And also an extract from the website announcement.

• Consumers who have received a final response from the bank/building society which does not include an offer
  Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case.
  
• Consumers who are in very difficult financial circumstances - 'hardship cases'
  Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS.

__________________

 

This is also a useful thread to read Success at A and L via hardship case route

 

 

 

thanks

[jansus]

By the way in the cicumstances just remeber the judge is a human being too - he wont expect you to be a law expert.

 

just speak from the heart and do your best - you know why you dont want the case stayed - just tell him how you have been treated - and dont feel a failure if it does not work - he may have no choice anyway and feel he is staying it for your own good - but at least try to get the charges and any interest frozen if you can

 

Best of luck

 

~Jan

[jansus]

court stay lifted, new court date - must file a skeleton argument

 

 

This is an interesting post today ( last page above thread) but is not the same reaction as the A&L one ( annoyed from Caerphilly) as he was not told by FOS that hardship had to be caused by bank charges but only worsened -

 

Yes the above poster is correct CRFX250 is a poster on the site trying to pressurise FSA.

 

 

Poster on above thread may be worth speaking to as they were in court yesterday I think.

 

Jan

[jansus]

please see the announcement at the top of the forum _ if you feel it applies to you please email your details _ every bit of pressure helps

 

 

jan

[jansus]

also there is a suggested letter down on the section suuggestions for the website _ not approved yet only down there for discussion _ but the wording may be of interest>

jan

[jansus]

I quite agree - there was press release yesterday where they had their hands slapped over using the waiver for credit card claims to which it does not apply - but this to me is worse. The banking code may be voluntary and the hardhship clause ambiguous - but the whole point I thought of the waiver to be granted was that they signed up to an agreement and they have breached it. I understand there is another case coming to court around 25th Oct where the stay has been lifted and the banks are trying to get it re-instated and they are bringing in big guns to do it. They are obviuosly determined to keep these cases under control at all costs. If you are not successful then when you hear then I agree you should pm a mod to try and get some help and also try the FOS as they now will get involved even if you have a court case going. And publicity may help but then that might put added presure on you as well having all your details splashed across a paper.

 

Take a deep breath and then shout for helpif you need it.

 

We may not be experts but we will do what we can

 

Jan

[jansus]

Hi

Just wondering how you are?

 

Jan

[jansus]

unfortunately the news in that respect is not good - even where the stays have been lifted - when the banks have appealed they have gone back on - thats why some people are turning to the FOS rather than the courts.

 

In General forum there is a thread about Barclays stating in writing that the words in the waiver agreement have been misinterpreted - and there are some interesting comments Barclays Rubbish the

 

 

 

 

Jan

[jansus]

Hi have a look at this website Website of the UK government : Directgov and put in mortgage arrears as a search - there is lots of help as to what your rights are and a pdf leaflet from the FSA.

 

Jan

[jansus]

I hope you copy all letters to the FOS - as it is worth trying every angle

 

It must be particularly hard when you say that the mortgage could still be afforded if it was not for the charges - I think that if it ever got to a possession hearing and the monthly payments that were made were those that could be afforded- then a judge would be sympathetic.

 

Also CRFX has agreed to help me with a letter to the FSA regarding Barclays comments regarding hardship/waiver interpretation - so I will let you know how we get on

 

jan

[jansus]

Personally I think that even if the court is not the right place to move forward with your case at the moment, and I can understand the comments regarding costs, The bank is fully aware of the "hardship " background to this case and should at least be offering some kind of assistance ( under the terms of the banking code if nothing else)

 

We are still trying to send details to the FSA and pushing for details of their decision on the waiver.

 

Hope you get some sort of reply to your letter.

 

As far as publicity goes someone has suggested "this is money" website often can help with this ( connected with the mail I believe)

 

Best wishes

 

Jan

[jansus]

Hi

 

I will have a word with CRFX and see what is the best way to handle this - if you get time have a read of the last few posts on simons thread and abroadgirls thread - both in abbey - there is a link to "the this is money "web site which someone has suggested for publicity.

 

I THINK the bank are not obliged to refund the charges - however they have done so on some cases when under pressure from the FOS. So I would have thought this is the next move.

 

Probably a phone call ( it worked for simon)

 

speak to you again later.

 

jan

[jansus]

How about something like this.

 

To XXXXbank

 

 

From XXXXX

Reference account number XXXXXXX

Dear sir / madam

 

 

 

 

I refer to the above case . As you are aware I have been acting on the claimants behalf for some time. I know that you are fully aware of the claimants severe financial position as there has been previous correspondence and in fact a home visit. We have made several attempts to settle this matter outside the court system and to be honest I am not satisfied with your latest response dated xxxxxxx

 

The original charges were incurred as a result of the claimants illness and inability to handle their financial affairs and even thogh you were aware of this you continued to add the charges.

 

If it was not for these charges referred to in the above claim the claimant would not have the amount of mortgage arrears which are causing severe amounts of stress at a particularly difficult time.

 

To be honest I dont feel I should have to refer you again to the conditions of the waiver and the banking code as I am sure you are perfectly aware of all their contents.

 

I am again identifying the claimant as a hardship case where the excessive charges have been a cause or have worsened the present position . I (again)attach a summary of the current position for your records if you are unwilling to consider my request then you are under obligation to provide me with a written response indicating that you do not consider the case to be one of financial hardship and the reasons why together with your specific criteria on which you are basing your refusal.

 

 

In the mean time this letter is just to confirm that as I am so disappointed with your attitude and unprofessional and unsympathetic

attitude I am now referring this matter to the FOS and FSA - with a copy to the board that regulates the banking code."

 

 

Jan

[jansus]

by the way i have asked zootscoot to contact you about the publicity angle

 

jan

[jansus]

Those in hardship are not automatically entitled to get their charges back, only to have their claim considered. If your bank rejects your claim, you should complain to the Ombudsman as it will review your finances as a whole to help you out of hardship.

 

 

A RECENT STATEMENT FROM THE FSA

 

I Think the important bit is you are entitled to have your claim considered - and in your case they dont appear to have done this at all

 

Jan

[jansus]

Hi

 

sorry hope I am not being a pest but just want to let you know there has been a win on abbey - after FOS got involved .

 

jan

[jansus]

[

Hi

 

well done for carrying on - as said before they do not have to pay claims or stop charges - however they are under obligation to consider the claim - and give you full reasons for the decision - otherwise they are breaking the terms of the agreement.

 

This has been stated in quotes from the FSA - so I am glad you are battling on - I know it must be hard . Simon actually pushed the FOS by phoning and then things started moving quite quickly.

 

Hope you get a result.

 

Best wishes to you and your family

 

Jan

[jansus]

Hi

 

just to let you know another win on A&L

 

thread called - my day in court

 

 

Jan

[jansus]

Hi

 

Keep on fighting - I believe that in simons case he actually called the FOS and explained the case and then they called Abbey - then things started moving. They are obliged to consider your claim and as you say they do not seem to have done this - I bet the FOS are inundated at the moment- so if you still dont get a result then give yourself a short time limit and then lets investigate the publicity route. We are all here to help

 

How are things in general - how are you and your family coping? Are you getting support in other areas?

 

thinking of you

 

Jan

[jansus]

Hi

 

I am still around . So glad you have some kind of movement on things and hope you get the result you want. I just think a lot of the time they deliberately push people to the wire hoping they will give up.And you have not! I just still think the way they have treated your family at this most difficult time has been apalling. Lets just hope they redeem themselves a bit now.

 

 

Thinking of you

 

Xjan

[jansus]

Well done

 

hope your christmas was a little less stressful as a result of at least regaining some of the charges owing to you

 

Best wishes to you and your family

 

Jan