New Letter from FD - Is this a delaying tactic? What next?

[Exige]

Hi just wonder if anyoneelse has seen this letter and what my standing is with regards to persuing my claim;

 

I started my claim a couple of months back and to date have done the following;

 

1. Submitted SAR letter 18 July 2007 and received 6 years worth of statements by return

2. Submitted prelim letter on 02 August 2007 (no response from FD)

3. Submitted LBA letter on 20 August 2007 (14 days expires today)

 

I received a letter from FD dated 23 August 2007 which states;

 

We acknowledge receipt of you complain about bank charges....blah, blah..

We do not agree that our charges are in any way unfair or unenforceable.

However, the bank (along with a number of other banks) has now become involved in legal proceeding with the OFT in relation to bank charges which we believe will resolve the legal issues regarding ther fairness and legality of your bank charges.

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the leagl issues in the above proceedings we have asked the FSA to suspend the normal timetable of dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.

We are sorry that we have not been able to respond in full to your complaint now, but we (thogether with FSA abd OFT and 6 other major UK Banks) think that it is necessary to resolve the key legal issues before we can decide how to respond to your complaint.

Obviously, exactly what will happen next will depend upon the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably, this may take many months to resolve. But we can assure you that once legal proceedings are completed we will resolve your complaint as quickly as possible. If at this stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombusman Service (FOS) or to the courts.

Given this court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved........

So what next, do I just sit and wait or do I have capacity to proceed with my claim given the statements above?

Is this the usual approach or something new?

 

Guidance please

 

Thanks in advance

[rory32]

This is now standard due to the test case. Next thing to do is file your N1. However please be aware that the bank will in all likelyhood apply for a stay. This may or may not be granted depending on the judge.

 

If you are going to have difficulty paying the fee for filing the N1 you should look into whether or not you qualify for an exemption from court fees.

[lulan7]

I received the same letter. I am at the court stage and have also received a letter from the court saying that my sase is "adjourned with liberty to apply". No idea what that means!!

[Cantata007]

Hi Just wondering if anyone knows what I ahould do As I have recieved the same letter as abpve but I have only sent my first letter asking for payment

[rory32]

Send the Letter Before Action.

[Exige]

Re my original post, does anyone know what the latest is on this. I never filed my N1 because of their letter.

 

I dont know how long these cases usually take to get resolved but am wondering on two counts;

 

1. What's the current status on this case

2. Is it worth my persuing my claim again given this letter and the observations of others saying that in all liklihood they apply for a stay etc...

 

Any updates appreciated

 

Thanks

[rory32]

Well if you file your N1 it gets you in the system even if a stay is appplied for and granted. There will be a review of stays in January.