H.O.L Test case appeal. Judgement Declared. ***See Announcements***

[robnfc]

@scared

 

the bank are talking crap you can take action if you wish because its a hardship claim however the waiver has also been lifted so they have investigate your claim regardless, if they dont then take court action,although cag has advised to wait for a bit so everything can prepared using the correct argument

[scared001]

hi rob

 

thanks, so to get the ball rolling, i want to email abbey first, any ideas of what i can write, not v good with these type things....

[robnfc]

are you still going to claim under hardship

[scared001]

yes, theyve had the claim for a while now so are well aware, i havent started any court stuff yet as want to see what abbey do now.....

[robnfc]

ok if they are aware and still stalling , send them a letter before action , theres a template in the libary , just amend it a bit explain your claim is under hardship , if you still dont hear back then you may have to take them to court.

[Jamesx81x]

Has anyone read the FOS section on Bank Charges?

 

Basically states they are still studying the ruling but all complaints currently on hold are unlikely to succeed.

 

No surprise there then they will be happy they get to clear their filing cabinets.

[scared001]

rob, just had a little look thru the template section and cant find the one i need to send, can you help me please?

[robnfc]

they will have to make room for all new claims that come their way in a few weeks time

[robnfc]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges

[photoman]

Cartoon from "The Times".

 

 

Seems to sum up the attitude perfectly !!

 

 

(click on image to see larger)

[Surfer01]

Guess it is now the right time to challenge the bank for a refund.

[middenmess]

Cartoon from "The Times".

 

 

Seems to sum up the attitude perfectly !!

 

 

(click on image to see larger)

 

Brilliant!

 

The skill of the cartoonist--the whole situation summed up in one picture.

 

Pity that it couldn't be a sub heading for this thread.

[alanfromderby]

The suggestion is that claims be put on hold for a couple of weeks while we seek counsel's opinion over the wording of the POCs. Whilst the current POCs/templates do the job, we do think that they can now be strengthened in view of the judges comments, we are also looking into other avenues.

 

Obviously that does not stop anyone from starting the pre-litigation stages, we would just advise waiting before filing at court, or seeking the removal of a stay.

[willy2006]

signed !!

[Aequitas]

Can someone explain to me why it is that whenever a point of law is decided in favour of the banks it suddenly becomes unimportant, and that the real issue is actually something quite different.

[linda m]

signed and husband too

[082stewie]

Done deed! Im sure we can get alot more! We had 84 guests alone on this thread yesterday!

[Mister Twister]

Signed

[2ltr16valve]

signed ! and posted to facebook

[Camdenite]

The suggestion is that claims be put on hold for a couple of weeks while we seek counsel's opinion over the wording of the POCs. Whilst the current POCs/templates do the job, we do think that they can now be strengthened in view of the judges comments, we are also looking into other avenues.

 

Obviously that does not stop anyone from starting the pre-litigation stages, we would just advise waiting before filing at court, or seeking the removal of a stay.

 

Thanks Alan. There's absolutely no danger of having our cases struck out in that time is there? I spoke to my CC yesterday regarding a removal of the stay and they recommended moving swiftly as the bank was likely to be requesting all cases be struck off. I'd like to think he was just trying to be helpful, but I'm slightly concerned that the banks are ready to pounce on these stayed claims.

Edited November 26, 2009 by Camdenite

[Bigredbus]

Cause created on facebook...

 

with both links to the petition on 'Number 10' and 'consumer action group' websites...

 

For those of you who have a 'Facebook' account, the cause can be found under 'Support the thousands of bank charges claimants'... Becoming a member will help circulate the information throughout the web...

Edited November 26, 2009 by Bigredbus
Typo + addendum

[johnny131070]

Signed

[landy_alert]

Thanks Alan. There's absolutely no danger of having our cases struck out in that time is there? I spoke to my CC yesterday regarding a removal of the stay and they recommended moving swiftly as the bank was likely to be requesting all cases be struck off. I'd like to think he was. Just trying to be helpful, but I'm slightly concerned that the banks are ready to pounce on theSe stayed claims.

 

Quite agree Camdenite.

 

My case is giving me cause for concern because it is only just in the process of track allocation having paid the AQ fee in person on tuesday, so not yet stayed even..........

[The Phantom]

I have a claim stayed at the moment against HSBC (since early 2008) and my POC (downloaded at that time from the site here) state

 

The Bank has debited charges from the Account in respect of unauthorised overdrafts and unpaid items, relying on terms on the Banking Contract which were either

 

(1) a penalty payable on breach of contract and unenforceable at common law and/or

(2) unfair terms within the Unfair Terms in Consumer Contract regulations 1999 (The Regulations) and unenforceable

 

Do I need to amend anything ? Will send the template letter to lift the stay tomorrow, but not sure if I need to amend my POCs ?

 

I am also worried if I don't move quickly HSBC will apply to have the claim struck out, so have today requested removal of stay using the template on the site.

Still not sure if my POCs are OK or whether I should have amended them. Never mind. They refer to the UTCCR although not specifically to clause 5 or any clause really :-|

[the_shadow]

I am also worried if I don't move quickly HSBC will apply to have the claim struck out, so have today requested removal of stay using the template on the site.

Still not sure if my POCs are OK or whether I should have amended them. Never mind. They refer to the UTCCR although not specifically to clause 5 or any clause really :-|

 

Unlike its competitors HSBC hasnt made a comment about cases in the court system but it states that "complaints" are to remain on hold while discussions on the way forward are held with the FSA and OFT.

 

S.