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The charges campaign to date- An assessment

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  • The charges campaign to date- An assessment

    These are my thoughts and my thoughts alone. We have failed in many aspects of the campaign. We have a rise in Bankruptcies and we have an increase in IVA's. There are some that argue that the Middle Classes and the Working Classes have regained their right to reclaim the charges and that we now have the OFT suing the banks to clarify the Law of Contract on Bank Charges. That in itself is a success and one which we all need to pat each other on the back. The problem is that I deal with more and more people who are in the margins of society, what some would call 'the underclass' or others, those people who's first language is not English. We continue to fail these people and so while the banks refunding a quarter of the estimated 4.6billion pounds taken in penalty charges(and this for only on year), it does mean that thousands of people did not listen to the messages or that those messages were not uniform enough to get through to people who maybe mostly needed it.
    Now the next stage of the campaign would appear to be to get consumer representation when the OFT sue the banks. We must realise that while this is going on the charges mount up, and there is no moratorium on charges while it goes ahead. The OFT and its 'treating customers fairly' approach does not seem to be reciprocated by the Financial Services Authority who have decided that all the banks can stop dealing with complaints while the test case goes ahead. That is perverse. While they do that the banks are changing their terms and conditions to make their charges into service charges cloaking penalty charges. Yet, no one seems to give a damn about it. The next stages of the campaign must be more focused. As mentioned already, consumer representation at the trial, maybe variances in consumer contracts nullifying charges giving the required 30 days notice, lobbying MP's with regards to the issues, clarifying the term 'Hardship Cases'(do you know what type of cases this actually is? I am sure the banks will treat everyone the same). The information at the moment is that Credit Card cases are being stayed when they have already had an OFT ruling and the test case will not be dealing with that issue specifically. This is where we are at as it stands as i write this, on 14th August 2007, and one person's view of the current situation.

    This is my view and mine alone hearing on and off charges sites and within the enemy's lair.

  • #2
    Re: The charges campaign to date- An assessment

    Don't have a legal mind but does this not have any relevance, i can pick out the odd word or phrase!!!

    http://www.blackstonechambers.com/pd...oodwingill.pdf

    Comment


    • #3
      Re: The charges campaign to date- An assessment

      http://www.citizensadvice.org.uk/ind...cial_exclusion
      Read the report, this is the reason why we are failing to do justice to people.
      It makes my blood boil when I read stories the CAB are dealing with everyday. As I said we have failed. It was estimated that 4.6billion pounds was refunded in 2006, yet for 6 months the banks refunded 1 billion estimated and that is for claimants over 6 years or more. Where the hell are the rest of the people? Have they not heard the messages or maybe not understood the messages?
      We can talk charter all we like but we need to get the message out more.

      Comment


      • #4
        Re: The charges campaign to date- An assessment

        Hi Nattie 3 years ago i helped a lady with her debts, she was extremely ill with cancer and luckily pulled through.

        She owed before i met her £200 to capital one, when i met her it was £800 with charges added.

        I managed to negotiate low payments for her, naturally at the time i did not know the charges issues.

        I have since visited her and explained as much as possible and she won't budge. She is in such fear that they could harass her as they did in the passed. naturally i would not let this happen, but the fear is etched deep.

        I'm am sad for her as i know she could get some money back that she desperately needs.

        Im starting to think this is a large cloud over many people, i am now discussing charges with a 21 year old, who is also petrified of back lash and I can not help without her agreeing but its not looking to good.

        She would be owed over £1000 , so sad..

        Comment


        • #5
          Re: The charges campaign to date- An assessment

          This is what financial institutions have done, psychologically scarred people because you are merely one person and the bank is like a towering Goliath. You have fear of what they can do to you. But the worse case scenario is that you lose, and pay NO COSTS. I understand some people's reluctance and my annoyance is that it was always about retaking control of your life. There are rumblings on MSE about people reclaiming more that once or twice. It is a tough one to call. I tried to reason with someone giving this example, if someone uses their card for tranactions of 30 quid and is charged 210 quid, is that fair when the only loss to the bank is 30 quid and interest. They said yes. I gave up arguing with someone who has no logical thinking. To me the charges campaign is won on two fields, 1 is the bank itself regaining what they took away and the 2nd is in the mind because of what the banks have done to you.

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          • #6
            Re: The charges campaign to date- An assessment

            The way they feed off of peoples misery, and seem to relish in a persons illness as an opening to play god. Is what I would like to see them nailed for its inhuman .

            Comment


            • #7
              Re: The charges campaign to date- An assessment

              I have just heard that a judge has given a stay on someone who is on benefits because the law there to protect the vulnerable says charges not fees. Service against charges. This is perverse, the banks pay corporation tax and certainly are recouping it and profiteering because they take state money, make sure the consumer has to take a loan because of the charges, load the loan rate so it is more expensive and therefore recoup tax and make profit on it.
              Memeber of Parliament do you not think that you need to revise the 1992 Act because the banks are now saying they are taking fees rather than charges? That is one way to play the law.

              Comment


              • #8
                Re: The charges campaign to date- An assessment

                Oh, and I forgot, FSA- what is the waiver for? anyone want to actually give an example of that waiver?
                I am not a happy bunny this morning.

                Comment


                • #9
                  Re: The charges campaign to date- An assessment

                  Well, one month on and I guess a reassessment is necessary. My early thought was of annoyance of who we had not reached but I guess the time is right to say other things. In the last month there has been two cases that i am aware of where stays have been lifted and twice i have seen stories where the judge has stopped charges until the OFT case is decided. Some judge are ordering blanket stays and so appeals are going in to remove the stay. However the choice is simple, templated stay removal applications or personalised ones. Let us get this into context, if you apply for a job and it is the same template, will you stand out from the crowd? The answer is clearly no. Will you actually really believe in what you are doing by simply having that template? not necessarily.The way forward as it was for suing the bank is not to fit a template and add your details like a blind fool.
                  I imagine a judge going through the letters for the removal of the stay seeing the same wording and wondering whether they want the stay removed or not as they would appear to have not understood what they were writing. Then, he comes across a personalised appeal not templated stating what the effect of the stay would have on them and taking more interest in this because it states this is the hardship that I, the individual has, and the effect it would have on my life. It wins and the rest are stayed.
                  We will soon have the FSA waiver review, i think in just under 3 weeks and that will be interesting IF they define hardship. Will add more thoughts in a month on this topic.

                  Comment


                  • #10
                    Re: The charges campaign to date- An assessment

                    Agree completely Nattie
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

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                    • #11
                      Re: The charges campaign to date- An assessment

                      Having been one of the ones that had the stay removed using a personalized application .......... I couldn't agree more Nattie

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                      • #12
                        Re: The charges campaign to date- An assessment

                        Useful thread natty, nice to here your thoughts.

                        Tanz

                        Comment

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