Office Of Fair Trading Test Case

[eileen58]

Hi Amanda,
I missed the start of the program, but just seen the part on channel 4 news with Martin Lewis who is absolutely fuming. What did they actually say.
Eileen

[tifo]

Originally Posted by tomterm8

In effect, if the banks win, the result of the case will be void before the high court reaches its verdict.

How so?

[noomill060]

Wonder if this works the other way- if they are taking legal action against someone when the debt includes a stack of unlawful charges?

It would really pee on the debt collector's collective bonfire if this could be used to force them to hang fire until after the test case....

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[noomill060]

Yes, of course, this takes the heat out of the situation and relieves the Courts of thousands of pesky claimants.

By the time the test case is over, all the steam will have gone out of this campaign and the financial establishment will have had the use of our money for a further two years.

Very convienient.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[IrishRover]

I had a letter dated 19th July to say there to repay me 244 pounds in full and final settlement of my complaint and they will send me a cheque within 10 working days.

Does this mean I won't now get the cheque and it goes on hold

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[sanddancer]

True ...but the waiver only applies to the banks involved in the test case .

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	FSA Waiver The FSA has granted a waiver to the finance industry in respect of bank charges claims. The waiver has been in place since July 2007 and will continue until the OFT test case is decided. The OFT test case will be heard by the House of Lords in June 2009. We are likley to get a decision before the end of the year. Under FSA rules, banks must normally deal with all complaints within 8 weeks. The FSA waiver has allowed banks to put bank charges claims on hold pending the outcome of the Test case. The FSA waiver is expremely one-sided as it allows banks to put claims on hold but it allows banks to continue levying charges. It also allows banks to continue enforcement action even in relation to disputed bank charges. The FSA waiver has been assisted by a general stay on charges-related County Court claims. You are still permitted to begin a County Court claim for the refund of your charges but your claim will be put on hold pending the outcome of the OFT test case. Despite this, we recommend very strongly that you begin a County Court claim now!! If you are on benefits, you will not have to pay court fees. You should start a County Court claim to recover your money straightaway.

[Wild Billy]

If we can't get payouts, doesn't it stand to reason that banks shouldn't collect "penalties" during this period either?

[greendykes]

So listening to the programme and reading above I think this means.
1. Any claims relating to overdrafts will be held up
2. Any claims relating to credit card penalty charges will still be processed including bank credit cards!
3. Any penalty charges made by the bank on your bank account can still be claimed! Thought this is a tough one because it usually means you have went over your overdraft.

Advice required I think.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[noomill060]

No tifo- the term "penalty charges" apply to any charge you get for not running your account "properly"

[chezclarke]

Ive got my court date on the 6th of August, Ive filed my court bundles and everything...do you think that barclays will say naff off and wait until after the test case or what, I dont fancy waiting much longer now, its been over 6 months as it is!! My friend won the other day from barclays and got her full amount back..seems abit wierd that they would pay up until suddenly (when hardly anyone has heard a thing about it) they decide to suspend all refunds? Surely the judge would say eh hem cough up?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[moulon]

I hope not.I started M.C.O.L about three weeka ago.I am hoping to be paid out soon.

[tifo]

Originally Posted by Wild Billy

If we can't get payouts, doesn't it stand to reason that banks shouldn't collect "penalties" during this period either?

don't think so. They'll carry in charging .....

as always, the consumer gets kicked ....

[Russjo]

Are you sure about that? I've just read in another thread that any bank can apply for the waiver?? I'm so confused

	FSA Waiver The FSA has granted a waiver to the finance industry in respect of bank charges claims. The waiver has been in place since July 2007 and will continue until the OFT test case is decided. The OFT test case will be heard by the House of Lords in June 2009. We are likley to get a decision before the end of the year. Under FSA rules, banks must normally deal with all complaints within 8 weeks. The FSA waiver has allowed banks to put bank charges claims on hold pending the outcome of the Test case. The FSA waiver is expremely one-sided as it allows banks to put claims on hold but it allows banks to continue levying charges. It also allows banks to continue enforcement action even in relation to disputed bank charges. The FSA waiver has been assisted by a general stay on charges-related County Court claims. You are still permitted to begin a County Court claim for the refund of your charges but your claim will be put on hold pending the outcome of the OFT test case. Despite this, we recommend very strongly that you begin a County Court claim now!! If you are on benefits, you will not have to pay court fees. You should start a County Court claim to recover your money straightaway.

[dar£n]

The Office of Fair Trading: OFT launches test case on unauthorised overdraft charges

[dori2o]

What worries me is that the Consumer will have NO say in the proceedings.

I smell a rat!!!!

[paulclarkson1985]

I am asking this question in particularly for my friend, but also for all the other people who are claiming against these banks.

Does anybody know what will happen now.

Will all the people who recently have received offers from the banks be paid.?

Will everybody who has agreed to settle in the courts be paid?

Will people awaiting a court date be paid?

At what stage will the claims be stayed pending the outcome?

This must be a very worrying time for everyone, and I am sure everyone would appreciate answers from the excellent people on here.

Although the announcment is good news, There must be lots of people waiting for there money that this announcment will affect badly.

Thank You

[Carrera74]

These are the banks that can request a waiver -

Abbey National plc
Barclays Bank plc
Clydesdale Bank plc
HBOS plc
HSBC Bank plc
Lloyds TSB Bank plc
Nationwide Building Society
Royal Bank of Scotland Group plc

[treehuggingcox]

the bank have actually made me an offer which i accepted and sent back recorded delivery today, since then the news of the test case has come about and all claims will be suspended, does this mean mine will be suspended or still go through as the offer had been made?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Amanda Taylor]

I Know you could see the anger in his eyes but she kept avoiding the questions didn't she, I didnt catch all of it my partner raced to turn it on for me to see it, But all bank charge claims have been suspended as from tomorrow until oft & the other one have decided on what is fair for the consumer???

[tomterm8]

Originally Posted by tifo

How so?

All current cases are based on the common law, and also the unfair terms in contracts law.

However, for debts regulated under the CCA 2006, a new series of law - the unfair relationships test - has been introduced. This will take effect onj existing open credit agreements next year. The basis of the unfair relationships test is very much wider than the basis of the unfair terms in contracts, because it covers everything done or not done by the creditor.

the unfair terms in contract law covers only non-core terms, and has a higher benchmark as far as what is unfair.

Originally Posted by Enron

Martin Lewis was present to respond to the woman who was present from the banking ombudsman.

Interestingly, he said that unless the banks refunded all penalty charges automatically as a result of this case then the OFT and FSA may have helped the banks in halting all claims until the test case is over.

FSA has introduced a waiver... meaning, FSA handled complaints will not be dealt with until after the test case.

Court claims WILL be dealt with, but they can apply for the court to stay proceedings while high court deals with it.

so, in effect, all cases are put into hold. however, if the banks lose they would be required by the FSA to introduce a compensation scheme for semi-automatic compensation.

Originally Posted by noomill060

Wonder if this works the other way- if they are taking legal action against someone when the debt includes a stack of unlawful charges?

It would really pee on the debt collector's collective bonfire if this could be used to force them to hang fire until after the test case....

Yes, it does. They MIGHT be able to get away with partial claims, however (i.e. claims without the penalty charges).




ADVICE TIME: BECAUSE OF THE STATUTE OF LIMITATIONS, IT IS STILL IMPORTANT TO LAUCH CLAIMS FOR CHARGES THROUGH THE COURT SYSTEM, SINCE ANY CHARGES MADE 4-6 YEARS AGO WILL NOT BE RECOVERED UNLESS YOU START THE ACTION

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.