OFT v Banks - **Don't panic!!!**

[jontah 2006]

Can someone (ie Bookworm or another Mod) please clarify this business regards the Statute of Limitations act ?

 

Many of us are claiming that section 32 of the act should be invoked anyhow, under the contention that the charges were paid due to the concealment of the true nature of the charges by the Banks, and/or that they were conceded under mistake.

 

Now, if the OFT case does finally come up with the ruling that the charges are/were unlawful then surely this provides scope (in fact further confirms) our rights to contend any 6 year limitation under this act ?

 

So why now the urgency to beat the 6 year limitation ?

 

I can appreciate the wisdom of getting claims in as usual in order that they get dealt with as soon as after the case is complete...... but I don't see that this is going to have any detrimental effect on our right under section 32 anyhow ?

 

 

Someone please clarify if this ruling would change those rights or not ??

 

 

PM

 

excellent post!the board needed to hear that.well done for inspiration!!

[taff-p]

Wise words bookie. keep on going.

[littlejam]

A voice of reason in a sea of panic!!

Great post...Well done!

[Dougal16T]

Are we all missing the point? HSBC today revealed that the cost of refunds has caused a 34% drop in profits!!! (See Daily Telegraph today's date), now then I may be a cynical old s*d but it seems to me that if this picture were true of the other seven banks as well, then what a good idea it would be to 'persuade' the OFT (via the 'old boys network'?) to take a test case, and stop everyone dead in their tracks. Now then it would, on the face of it appear to have become a Human Rights issue for the claimants under the European Convention. No doubt someone is already looking at this, as we are being denied our right to Fair Treatment, due to this totally unacceptable delay. Food for thought??

 

KEEP FIGHTING IT'S YOUR MONEY! ...... BEST WISHES TO ALL AS EVER

[dar£n]

Once again she comes up trumps, well done wormy...lol

 

i for one am still going to push my 6yrs+ claim,

[un1boy]

Are we all missing the point? HSBC today revealed that the cost of refunds has caused a 34% drop in profits!!! (See Daily Telegraph today's date), now then I may be a cynical old s*d but it seems to me that if this picture were true of the other seven banks as well, then what a good idea it would be to 'persuade' the OFT (via the 'old boys network'?) to take a test case, and stop everyone dead in their tracks. Now then it would, on the face of it appear to have become a Human Rights issue for the claimants under the European Convention. No doubt someone is already looking at this, as we are being denied our right to Fair Treatment, due to this totally unacceptable delay. Food for thought??

 

KEEP FIGHTING IT'S YOUR MONEY! ...... BEST WISHES TO ALL AS EVER

 

Well, that's what we are dicussing here!!

 

http://www.consumeractiongroup.co.uk/forum/general/107861-courts-cant-suspend-all-3.html#post1045320

[GOODIES]

I am really confused now, how unusual for me(Ha Ha)?

 

On one hand advice is to carry on regardless and not panic, and then pinkbazez has been told that all claims have been put on hold.

 

Please can someone help me I do not know what to do, I thought my thoughts were logical but obviously not.

Shall I continueto prepare my court bundle and send copies to Bank or phone court to ask what the hell is going on????

 

Jay

 

Gneilikins@aol.com

[GOODIES]

Thanks blazingbadger, I agree with your comments and I am prepared for the wait, I didn't have the money before so whats another few months, but my confusion is do I just carry on as if nothing has happened i.e.

Prepare all copies of paper work and send to Court and Bank 14 days prior to Court date 31st August 2007 or do I find out about the courts intentions, surely if they are being put on hold, the Judge would not oversee the cases or am I just thick?

They do most book for dummies but not one for this (ha ha)

 

Jay

 

Gneilikins@aol.com

[un1boy]

Goodies, continue with ur claims as advised mate.

[GOODIES]

Cheers everyone.

 

Off tomorrow to buy new printer.

 

I won't let the buggers get me down.

 

Ta again

[deadlykiss]

yep continue not all courts are stopping i got my papers through this morning ,, dont give up ... good luck

[GOODIES]

Goodies, continue with ur claims as advised mate.

 

Thanks lovey, got a little bit worried as to what to do, will continue as you state.

 

Thanks again

[GOODIES]

yep continue not all courts are stopping i got my papers through this morning ,, dont give up ... good luck

 

Thanks very much for your advice. Will continue to start photo copying tomorrow only about 360 pages for the 1st stage for the court and Bank so that should keep me out of trouble.

 

Thanks again

[GOODIES]

...................... PLEASE!.......................

 

 

 

 

So the OFT is taking banks to court. A great wind of uncertainty is sweeping CAGgers and non-CAGgers alike. At times like these, it is easy to listen to all the rumours, half-baked truths, and feel despair, especially when the media is not letting the truth getting in the way of a juicy headline.

 

HOWEVER! The main things to actually remember are these:

 

If you complain to your bank, or decide to go through the FOS, then your case will be put on hold. But there is absolutely no legal reason not to stick to your deadline and start your court claim as previously planned, or not to carry on with your claim if you had already lodged it.

 

There never was any cast-iron guarantee that you would get your money back within certain timescales, and now, these have just increased, that's all. (Yes, I know that sentence doesn't sound logical

)

 

As before, all you stand to lose is your court fee and not get the money you had lost a long time ago if you proceed with a court case and the OFT loses. On the other hand, if the OFT wins, your case will be already in the system, and wouldn't you rather be near the top of the list than at the end when this ends?

 

Another thing to bear in mind is the Statute of Limitations act 1980. SoLA 1980 kicks off from the date you first FILE AT COURT.

 

If you don't, and you were close to the 6 years period, by the time the OFT v 8 banks case is decided, you will have lost hundreds, maybe thousands of pounds. On the other hand, if your claim is already filed, then THAT date is the one where statute barred will run from.

 

Finally, a piece of advice for those with claims already in the system: Do NOT ignore courts direction because you think it's all over. People have been phoning courts all over the country since Friday and the message that is coming out loud and clear is this: BUSINESS AS USUAL, cases are proceeding. So don't neglect your court deadlines, and if you have a chance to get the defence thrown out because THEY didn't comply, do it ASAP, don't give them a chance to apply for a stay.

 

The banks have jumped at the chance to postpone all refunds, so fight back harder. Hit fast, hit low, and don't give them an opening.

 

In other words, KEEP GOING. We'll all get there in the end, but it's up to every one of us not to give up.

 

And most important of all:

 

DON'T PANIC!!!

.

.

 

.

could you please clarify for me your line about getting a chance to get the defence thrown out as soon as possible don't give them a chance to apply for a stay,

Sorry I am really thick and dumb at this

 

Jay

Gneilikins@aol.com

[GOODIES]

Could you please clarify for me your line about getting a chance to get the defence thrown out as soon as possible don't give them a chance toapply for a stay. Court date 31/8/07.

Sorry I am really thich and dumb at this

 

Jay

Gneilikins@aol.com

[Bookworm]

Ok, well, it depends on each case, but say for example that the judge ordered documents to be exchanged 14 days latest before hearing ( a very common direction). You religiously do your bundle, send a copy to the judge, a copy to the other side. They, naughty people, do not do the same. The day after the deadline, you write a letter to judge, pointing out that they haven't complied with court directions, and respectfully request that their defence be thrown out and judgment summarily awarded to you. It might work, it might not, but what do you have to lose? ;-)

[GOODIES]

How do I find out whether Barclays have complied to the 14 days, when they should have sent their copies to the court????????????

[saintly_1]

Was the directions ...... send to all parties ? if not then ring the court and ask

[tnook]

Ok, well, it depends on each case, but say for example that the judge ordered documents to be exchanged 14 days latest before hearing ( a very common direction). You religiously do your bundle, send a copy to the judge, a copy to the other side. They, naughty people, do not do the same. The day after the deadline, you write a letter to judge, pointing out that they haven't complied with court directions, and respectfully request that their defence be thrown out and judgment summarily awarded to you. It might work, it might not, but what do you have to lose? ;-)

 

Is there a template letter? I think anyone in this situation / level should send in the strike out letters.

[peter534]

Sorry for butting in everyone, but i had an idea on Saturday that i posted on another thread, but never got much feedback.

 

Seems far too simple, but i would appreciate a mod or site helper letting me know if its stupid before i may decide to proceed.

 

If the high court are deciding if the UTCCR 1999 applies to current account bank charges. Then why not ask the judge to dismiss it from your claim and only take into account the common law.

 

This is how business account claims are worded (and won!)

 

Any new claims would just have the same particulars as a business claim.

[tnook]

Cunning

[porbeagle]

Thanks!!!! reasoned and understandable advice, good to know you're all out there.

[Leecabs]

Thanks Book Worm I think the CPR 18 Request Strategy maybe away to get most claims well the ones over 5K won whilst this is going on. I have sent a CPR 18 Request to Abbey copying in the court, they have until 13/08/07 to reply to me, then I will issue through the court and hope to get there case thrown out.

 

See below thread for more details/ think its mainly for Abbey users:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/97124-new-strategy-abbey-cpr.html

 

Any way will hold my breath and see what happens!

 

Thanks again Bookworm

 

Leecabs:)

[Jambo!]

Good news! Well my wife's case with LTSB was in the pipeline when all this came about. They had decided to settle out of court and we were worried that this news would affect their word, but good news!...We've just checked her account RIGHT now and guess what, they have refunded her ALL the charges plus court fees! So, Don't Panic my friend - Keep on Keeping on!

[un1boy]

Sorry for butting in everyone, but i had an idea on Saturday that i posted on another thread, but never got much feedback.

 

Seems far too simple, but i would appreciate a mod or site helper letting me know if its stupid before i may decide to proceed.

 

If the high court are deciding if the UTCCR 1999 applies to current account bank charges. Then why not ask the judge to dismiss it from your claim and only take into account the common law.

 

This is how business account claims are worded (and won!)

 

Any new claims would just have the same particulars as a business claim.

 

Would this work?