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Old 12-11-2007, 01:51 PM
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Belibaste Belibaste is offline
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Default Stay Precedent

With many thanks to Ice Maiden for this information.

A precedent has recently been set in the High Court which prohibits claimants from obtaining interim relief (the stopping of bank charges) whilst the OFT case is ongoing.

The bank's barristers are using this case in court

However, here is the better news - (at least the way I read it )

If you have already written to the bank to tell them that any outstanding amount on your account (whether open or closed) is disputed, then if the bank try to enforce the alleged debt or pass your details onto any third party (other than strictly necessary) you can apply to have the stay in your case lifted on this basis. If the amount is undisputed the stay will remain.

I would therefore suggest that all potential claimants include a line which disputes any amount outstanding in their SARs and that any claimants who have cases ongoing which consist of debts made up either fully or partially of charges write to the bank and put the amount in dispute.


Please have a read through of the case:

stay%20precedent[1].pdf
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Old 12-11-2007, 04:22 PM
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In our present climate, Bel - I believe it may be worth making that small amendment to the SAR templates including the dispute quote...
I'll get onto that if agreeable???
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Old 12-11-2007, 04:26 PM
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That would be fantastic Perse...thanks for volunteering so graciously
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Old 21-11-2007, 02:43 PM
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Quote:
Originally Posted by Belibaste View Post
If you have already written to the bank to tell them that any outstanding amount on your account (whether open or closed) is disputed, then if the bank try to enforce the alleged debt or pass your details onto any third party (other than strictly necessary) you can apply to have the stay in your case lifted on this basis. If the amount is undisputed the stay will remain.
what if the bank offered 50% which i rejected and then they've sold the account to a DCA while putting my claim on hold? i'm told this is lawful as claiming charges back does not put the account into dispute but obviously i am saying the amount is wrong so ... ?

i haven't started court action as i thought it will be stayed and when the bank sent an offer i thought they might come back with an increase. Instead they sold it.

it's HSBC and they've done it on both my accounts to a different DCA each, who are now chasing the whole amount. As they're current accounts i can't so a s.77 - s.79 request.
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Old 21-11-2007, 03:56 PM
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there are some things in the judgement which help us :

10. the stay be only until the initial proceedings, which means February 2008. The banks barrister did try and change this to the first instance judgment after any appeal but the judge said if the prelim hearing raises clear issues then liberty will be applied.

11. the banks cannot enforce any part of the charges if the case is on hold, as stated above by belibaste, though it also reads only if the account consists entirely of charges and all of it is disputed, otherwise it would apply to everyone (who dispute some part of their account).

12. this seems to state the bank should not be passing debts on if the case is on hold?

if i have interpreted anything wrong here then please correct me, but it would seem in my case where the bank has seold the accounts to a DCA, this case would make it wrong?
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