Courts can't suspend all claims - it's against human rights

[vinegarvera]

subbing, I am one of the lucky ones who have already had my charges refunded but I am helping my freind who was planning to get her wedding paid for with hers!!

[taff-p]

Hello all..im in a position where barclays had sent to my court a defence but had not filled the defence papers corectly and thay where returned to them,as of friday thay had not sent a defence back . i went in to see the lovely people at the said court 3.45 friday just before thay closed to hand in my judgement against barclays and was told if thay had not recived a defence monday i would win by default.i mentined the high court trial case and how this would affect my claim.was again told if thay did not put there defence in by monday i would win by default..could this be true.would be very nice if it was.

[determindator]

I think it is time for a proper civil demonstration outside the offices of the FSA and OFT regarding this new development. It is a slap in the face of the CAGers and bank penalty charge claimants at large, to have their claims stayed pending the outcome of a test case, whilst the banks are still allowed to levy the charges that is the subject matter in dispute. This is completely underhand and does not represent a fair approach to dispute resolution.

 

There have been many prior test cases i.e Mercantile Court, Cardiff etc brought forth regarding bank penalty charges recently that have been blown off course, by the banks refusal to attend hearings and choosing instead to settle claims. Why would this test case be any different and what guarantees are there that it would seen through to logical conclusion....

 

 

 

 

Bank penalty charge claimants and their interest have again been put at the bottom of the pile of matters to be considered, even before the test case has begun. This is typical of british establishment behaviour and we have to push back hard, and rebuke these kinds of inconsiderate decisions that appear to give reprieve to the banks.

 

The waiver given is not measured or balanced, our civil rights cannot be flounted in this manner....

 

I agree. It's very noticeable how quickly laws can be changed when it affects the financial institutions. It is often said the Banks run the country not the Government. You start to question true democracy, if there is a deluge in the Courts of claims for a particular complaint it is not right/unfair just to put it to one side because they can't cope with the load. I couldn't cope with the load of bank charges but I still had them debited,which lead to problems in my life. The Courts need to get back there usual stance of acknowledging the consumer is a small entity taking on large corporations, and assist the small against the giant.

[overflow]

Hi All

 

Now I dont wish to appear rude or disrespectful but imho I think it would be wiser to just wait and see what happens.

 

Its not going to do anyone any good by all this speculation.

It might stop members or prospective members from pursuing their claims if they get a whif of panic about all this test case talk.

 

Its no use shouting before we've been bitten.

 

Regards

[ICY]

I couldnt agree more

[lighterman34]

I hope our barrister friend can come up with some good words to keep our cases alive.

 

I really need the money back...

 

LOVE & PEACE

[overflow]

Oh

 

Dont we all sweetie, dont we all. LOL:)

[overflow]

Hi Lighterman

 

Have you got your own thread.

 

I see your newish and tryed to say welcome but couldnt find you .

[Noddy73]

The FSA has changed recently - New Head and Change of Direction (Retail Focus). This maybe the reason behind the test case.

[Bookworm]

 

Its no use shouting before we've been bitten.

 

 

That's right. And after we've been bitten, you won't be able to shout either, what with having your mouth full sucking out the poison of my wound.

 

 

WHAT? That's what I've read is supposed to get done!!!

[Destinyofsouls]

That's right. And after we've been bitten, you won't be able to shout either, what with having your mouth full sucking out the poison of my wound.

 

 

WHAT? That's what I've read is supposed to get done!!!

 

That depends on where the bite is

[moneyhelp]

Just spreading the latest

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

[overflow]

Lets see if their Bark is worse than their Bite that way NOBODY will have to suck anything.

[Bookworm]

Spoilsport.

[robert_harper_2000]

Do you think we could accept any previous settlements and ask for a refund on the Moneyclaim.gov ?

[un1boy]

Do you think we could accept any previous settlements and ask for a refund on the Moneyclaim.gov ?

 

I still think that the FSA have gone over their abilities with the Act that gives them their powers.

 

the Financial Services and Markets Act 2000 says they can "change" the rules as long as the beneift is proportionate to their decision.

 

How is the benefit proportionate in allowing the FOS and banks to stop processing complaints about chages? There isn't one. They can continue to charge the charges and we can't get the money back.

 

I will put a letter together and post it here.

[pt2537]

from memory as its a while since i studied judicial reviews , i think from what you say that could be subject to a judicial review. if a public authority such as the FSA, has acted outside its authority i.e in this case its powers laid down by statute,then you can seek a judicial review to challenge the lawfullness of the decision. although i must say i am not aware of the provisions Financial Services and Markets Act 2000 in relation to the powers of the FSA but if it is the case as suggested then i guess it could be subject to being judicially reviewed

 

regards

paul

[Jezanator]

To add my two penneth worth - fight the good fight and keep on going. If it helps anyone, I lodged a claim through the County Court -v- Lloyds and guess what - they at first lodged a reply to say they would defend and within the 28 days they had to lodge a defence, guess what happened, they did no such thing and I gave now won by default.

 

Above all let's not forget that it is still business as normal as all the experienced peeps on here who from the goodness of their hearts continue to give us newcomers the best of their advice. All I know is that if it were not for this excellent forum, I would not be £1000 richer. And yes, I will be donating!

 

Jezanator

 

ps I am left wondering about all those peeps out there that due to their lack of knowledge have not embarked on the journey that all of us have. I am using the knowledge I have gained to help a work colleague through all of this who would not know the first thing to do; let alone the computer literacy of all of this he would need. He had his first offer the other day from the bank, which I have encouraged him to accept.

[un1boy]

That's great mate, well done!!!

 

Great to see you are helping others too.

[JunkiMunki]

hi Overflow ;

just thought I would complete the rest.....

UNITED WE STAND

Fair Justice we seek

To reclaim what is right

Is always our aim

Nothing to Lose

But everything to gain

 

So to everyone upon this site

Keep up the good work

And CONTINUE to FIGHT

For everything that is and should be

Our Legal rights and Liberty.

 

Just a little ditty for anyone to see,

That what we do upon this site

Is stand together to regain what's right.

 

thanks again...... Jm

[deadlykiss]

love it

[Isiris]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

This was Bankfodders draft directions when the banks were applying for stays on the basis there was a mercantile court case proceeding.

 

Dont see any different personally

[Ripley]

Jezanator wrote;

 

ps I am left wondering about all those peeps out there that due to their lack of knowledge have not embarked on the journey that all of us have. I am using the knowledge I have gained to help a work colleague through all of this who would not know the first thing to do; let alone the computer literacy of all of this he would need. He had his first offer the other day from the bank, which I have encouraged him to accept.

 

I posted this elsewhere but it hasn't had any response or much of a view;

 

The OFT is about as popular at the moment on this Forum as Barclay’s Bank, and with good reason. Haven’t they derailed our gravy train, weren’t we doing so well, finally the little people having Big Business by the short-and-curlies, meekly coughing up sums that would pay for a holiday, a kitchen or a decent car? And now they’ve gone and spoiled our fun putting everything on hold for god-knows-how long.

Well yes. But consider this. The people who use this and other websites, ie. the ones who stand best chance of getting a payout are by definition computer users, computer literate enough to use a simple spreadsheet, have enough grasp of the law to understand the principals of using the courts, and Not Afraid of the Big Bad Wolf.

As a Union Convenor, it crossed my mind to hold a lunchtime information session to get people started on reclaiming their charges. I could have explained what it was about, given a few examples and pointed them at this site. Then I thought; I represent people who work in and inner London borough. Statistically, only about 30% of them have access to a computer or e-mail at home or at work. Of those, a smaller proportion will be able or inclined to navigate a large website and take in the information, some of it complex, they need. A smaller still proportion could use a spreadsheet; many of them would not even know what a spreadsheet was. If I had gone ahead, I would have had to put up with shepherding some people through the process every step of the way. I am sure it would have taken me more time than I have to spend on all the shenanigans that currently go on with my employer. I would also be held responsible for anything that went wrong with anyone’s claim.

So, I say two cheers for the OFT. We can all feel proud of what we have managed with the excellent help of sites like this, but we really are the tip of the iceberg. If the OFT win their case, at some point in the distant future a lot of people who may not even have grasped what has been going on will be quids in. The rest of us can get our claims in now: provided the interest clocks up during the stay, 8% is a good a rate as you will get anywhere.

[un1boy]

Jezanator wrote;

 

ps I am left wondering about all those peeps out there that due to their lack of knowledge have not embarked on the journey that all of us have. I am using the knowledge I have gained to help a work colleague through all of this who would not know the first thing to do; let alone the computer literacy of all of this he would need. He had his first offer the other day from the bank, which I have encouraged him to accept.

 

I posted this elsewhere but it hasn't had any response or much of a view;

 

The OFT is about as popular at the moment on this Forum as Barclay’s Bank, and with good reason. Haven’t they derailed our gravy train, weren’t we doing so well, finally the little people having Big Business by the short-and-curlies, meekly coughing up sums that would pay for a holiday, a kitchen or a decent car? And now they’ve gone and spoiled our fun putting everything on hold for god-knows-how long.

Well yes. But consider this. The people who use this and other websites, ie. the ones who stand best chance of getting a payout are by definition computer users, computer literate enough to use a simple spreadsheet, have enough grasp of the law to understand the principals of using the courts, and Not Afraid of the Big Bad Wolf.

As a Union Convenor, it crossed my mind to hold a lunchtime information session to get people started on reclaiming their charges. I could have explained what it was about, given a few examples and pointed them at this site. Then I thought; I represent people who work in and inner London borough. Statistically, only about 30% of them have access to a computer or e-mail at home or at work. Of those, a smaller proportion will be able or inclined to navigate a large website and take in the information, some of it complex, they need. A smaller still proportion could use a spreadsheet; many of them would not even know what a spreadsheet was. If I had gone ahead, I would have had to put up with shepherding some people through the process every step of the way. I am sure it would have taken me more time than I have to spend on all the shenanigans that currently go on with my employer. I would also be held responsible for anything that went wrong with anyone’s claim.

So, I say two cheers for the OFT. We can all feel proud of what we have managed with the excellent help of sites like this, but we really are the tip of the iceberg. If the OFT win their case, at some point in the distant future a lot of people who may not even have grasped what has been going on will be quids in. The rest of us can get our claims in now: provided the interest clocks up during the stay, 8% is a good a rate as you will get anywhere.

 

I understand where you're coming from, but the problem is that the banks can now stop paying out but are still allowed to charge the penalties.

 

Also, many cases have been going through the courts for months, and now, just at the point they were going to be settled the banks don't have to.

 

The claims should be dealt with whilst this test case is being heard.

[JunkiMunki]

Hi there ; Deadly Kiss ,

Thanks for the comment mate , smiling is what it's all about Junkimunki xx