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General Come here to discuss general issues in the unlawful charging by banks debate.
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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 1st March 2007, 09:12   2 links from elsewhere to this Post. Click to view. #1 (permalink)
Bookworm
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Exclamation About the OFT (not so) impending report - PLEASE READ THIS IF YOU'RE WORRIED

In the "Tonight" programme a few days ago, Martin Lewis announced his belief that the OFT "cap" would be set at £12-£15 and that the banks would then only refund the difference between that amount and the amount people were charged. This opinion created a panic amongst reclaimers, thinking that they were about to lose a large chunk of their money if they didn't rush to claim now.

This needs a few clarifications:

First, this is Martin's opinion. It is not based in law, or insider knowledge. He may be a well known journalist, but it is still only his personal opinion, speculation if you will.

The facts are these:

a) The OFT is a regulatory body, they do not make law. The only way the law can be changed is through an Act of Parliament.

b) The OFT, when they announce the results of their enquiry on bank charges, will only be announcing a level at which they themselves will take legal action against the banks. It is not a cap!!!

In their credit cards report of April 5th, 2006, they clearly stated that they could not declare what was a fair or lawful charge, only the courts could decide on this. Furthermore, the OFT also declared at the time that consumers who felt that they had been charged unfairly should go through the legal system to reclaim their charges. There is no reason to suspect that their stance will not be identical this time.

c) The law on penalties is well entrenched in contract law. Even if a bank tries to tell you after the OFT announcement that they will only refund the difference between the "cap" (It's NOT a cap!) and what you were charged originally, (leaving aside the fact that such a decision couldn't apply retrospectively anyway ), well, they also told you their charges were lawful, fair and transparent, and did you believe them? Why should you believe them now?

d) Bottom line is this: If the bank try to say that they'll only refund you the difference, carry on with your claim. They will still have to convince a judge that what they are charging is lawful, which means they would still have to disclose how those costs are calculated, and they still won't want/be able to do that.

Conclusion: Ignore the sensationalism, stick to the facts, and you can't go very wrong. In other words, business as usual, OFT or no OFT report.

I hope this helps setting a few minds at rest.
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Old 1st March 2007, 09:18   #2 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Thank you Bookworm - clear and succinct as always! Hopefully will stop a lot of fluttering in the dovecote! Debs
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Old 1st March 2007, 10:30   #3 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

bumping up as not stickied
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Old 1st March 2007, 11:29   #4 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Thanks, Kimmy.

Don't want to sticky it, as there already are too many stickies up there and it will not get seen as much. So if people keep on bumping it, there's a better chance of it being viewed by more.
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Old 1st March 2007, 11:38   #5 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

ok heres another bump
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Old 1st March 2007, 11:41   #6 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Someone told me Martin was on Ch5 earlier, repeating that "you only have till April to claim".

I repeat: THIS IS NOT TRUE!!!
*sigh*
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Old 1st March 2007, 11:47   #7 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

why is martin doing this what rubbish. didnt affect the credit card claims. and it wont affect the bank claims.

somebody really should put him right on this.

the average joe not on these forums wont be any the wiser

going to go on mse now
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Old 1st March 2007, 11:53   #8 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Martin can stand there, wiggling his butt and fluttering his eyelids...and then try to woo people with soft and calming words...ignore him...as Bookie says, it is only his opinion...and it is wrong.

You don't need to look very far to see other opinions that are wrong...they are in the news everyday...and forgotten ten minutes later when the reality strikes home.

CAG methods have been tried and tested, there is experience in the advice, and resolve in the determination to continue with full settlement of claims...the banks will try to concede the beach-head, and convince you that you have won - do not let others reinforce this view...
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Last edited by Spiceskull; 1st March 2007 at 12:19.
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Old 1st March 2007, 12:45   #9 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Excellent posts folks.

I claimed against cap 1 credit card... they offered the difference between the charge and £12. I told them to pay it all up... they did so.

The banks will have to do the same, its exactly the same situation.

this is nothing more than a red herring.
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Old 1st March 2007, 12:46   #10 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Quote:
All attempts at humour by Bookie are to be ignored: a) because they are not actually funny, and b) all her jokes come from the Tony Blackburn book of crappy jokes for eight-year olds...

lol @ phoenix
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Old 1st March 2007, 12:50   #11 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Quote:
Originally Posted by HSBCrusher View Post
lol @ phoenix
Well, it was a nice birthday present for her...and a sincere form of flattery - who else can claim to have been a part of both Phoenix' and Spicey's sig???
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Old 1st March 2007, 12:50   #12 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

wheres that from re bookies jokes!!! :o whoops cant wait to see reply to that!

whoops just read p sig
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Old 1st March 2007, 13:21   #13 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

Quote:
Originally Posted by HSBCrusher View Post
.

I claimed against cap 1 credit card... they offered the difference between the charge and £12. I told them to pay it all up... they did so.
likewise with me paid up in full especially when made a court claim
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Old 1st March 2007, 15:48   #14 (permalink)
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Default Re: About the OFT impending report - PLEASE READ THIS IF YOU'RE WORRIED

More newbies need to read Bookie's words of wisdom so am bumping it up again!
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Old 1st March 2007, 15:57   #15 (permalink)
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