Okay,
I thought I would just make a post here regards the current situation for Business claimants.
Last week the judge (Justice Andrew Smith) made another announcement as part and parcel of the next round of the OFT case.
As you may all recall, the first round of the case involved the judge making a decision upon whether or not there are grounds for claimants to claim; under either the UTCCR99, or using the contention that the charges amounted to penalties under common law.
This first round was focused and concerned only with the Banks current T&C's that were submitted with regards the current OFT case (after all having been rather hastily changed) for the judges consideration.
The Judge ruled that the charges were actually subject to the jurisdiction of the UTCCR99. Good news for those using this, (although in typical stubborn manner the banks shall be appealing this) !
(Remember, this was only a judgement upon whether the terms were subject to such law, not actually whether they break such laws, as that matter will be determined later).
That was the good news. It could later give those claiming under UTCCR99 grounds for a claim, if the OFT go on to win the contention that the charges do and/or did break such laws.
The bad news was that the judge also ruled that considering the banks current T&C's, the charges did not constitute penalties at common law.
This was (potentially) bad news for Business claimants, as this is the basis of their claims, as their contracts were not and still are not covered by UTCCR99.
However, the last judgement was only focused upon the current T&C's, and a further analysis of historic T&C's then still needed to be done.
So, last week, this next judgement regards historic T&Cs was (sort of, and subject to a few T&C's still to be considered further) completed.
Again the judge has disappointingly declared that the historic T&C's did not make the charges amount to penalties at common law.
See here:
BBC NEWS | Business | Early overdraft victory for banks So where does this leave Business claimants ??
Well, there are still a few contentious issues issues with regards this case, and how it all sits with business claims.
Firstly in the broadest sense:
Business claimants have always contended that the OFT case has no bearing upon Business claims. The grounds for the case are all based upon personal accounts.
Indeed, throughout the course of this case, many business claimants have used this argument to get stays successfully lifted, and have also then gone on to receive full offers and refunds.
So, this is an ongoing fact; that throughout this whole case, NOT A SINGLE Business account T&C has ever been looked at and considered, and we all know that Business T&C's, and the manner, name and method of application of charges are slightly different to personal accounts.
So those still with Business claims in progress could still apply to have this consideration applied to their own case.
BUT; Even though this is strictly speaking the case, many judges may now just take a laissez faire attitude, and apply the rulings made for personal account T&C's under common law to Business accounts too. They may then simply refuse to hear such claims.
Even if they don't refuse, and do agree that Business account T&C's should be considered separately. Even though when faced with such a prospect in the recent past this has been enough to frighten banks into trying to avoid such an analysis, and just settle, they may just now have a little more confidence to actually see a business claim case through to court ?
So, all in, this amounts to unsure times for Business claimants.
My advice is this.
Anyone with a Business claim in the pipeline that has been subjected to a stay should perhaps just leave things as is. Don't presently apply to have your stay lifted. Then as the OFT case progresses, and we have also had time to consider and compare personal account T&C's compared to Business account T&C's more, things may become clearer. After which time you may then be able to apply to have the stay lifted, or perhaps submit an amendment to your claim.
Other than that, there is actually some work going on behind the scenes by some very knowledgeable, legally experienced bods with regards some new approaches to business claims.
There is one particular completely new approach being considered which is looking highly promising and would be totally bulletproof (it'll also scare the pants off 'em).
That is all I am prepared to say on the final matter for the time being, and no amount of pleas, PM's, emails, prompting or threats of assassination will get me to reveal any more....... so don't even try !!
Re: Claiming on a Business account? Lets join forces? 
