Office Of Fair Trading Test Case

[Carrera74]

so does that mean we are stuck now til the decision is made? I'm kicking myself now because I sent my LBA back in January but have sent another one today to give them another 14 days. Guess I don't need to now

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[knoxvillain]

BBC NEWS | Business | Banks agree to charges test case

[Dispirited]

Eek, I feel worried! I'm only at the Subject Access Request stage.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[yiddo]

Do the banks not now have to reveal-and defend their true costs though? i still find it hard to believe these costs can be justified??

[PeterAnderson]

Malagar - Hi,

Confussed

I am in PANIC mode right now - I cannot find - where is the 'Courts Decide' - please guide me.

Oh jeeez - my claim was going to pay for a Harley Davidson ULTRA Electroglide - my it seems I am back to a moped

[yiddo]

unless its the old penalty-vs-fee argument they'll all go for??

[yiddo]

its on the oft website-link in original announcement on here

[Goldlady]

Before I spend hours reading all the news articles, what does anyone think will happen to retrospective charges if the OFT manage to prove it costs £0.025 to bounce a cheque. Will the banks be duty bound to refund everyone whether they have reclaimed or not I wonder?

[stonedecroze]

Not sure greendykes, but thats the way I read it as well. But my guess is that the Banks will ask for all claims to be placed on hold till a decision is made by the High Court.

[dori2o]

What I want to know is this.

The Test case is for Unauthorised Overdraft fees, right?

I have a case with Halifax, they name their fees on the statments as 'Charges as Notified'.

These can be a mixture of OD fees and bounced DD fees.

As bounced DD fees are not the subject of the Test Case, could I not request Halifax send me details of how each @Charges as Notified' entry on my statements is made up, i.e. either DD return fee, or Unauth OD fee?

	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.

	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.

[Fred_Funk]

Has anyone read this?!

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

Point 11 is particularly interesting. Unless I'm reading it wrongly, it says that the OFT and banks have agreed to suspend any claims made to them pending the result of this test case.

That's to say, if you write to your bank or the OFT asking for your charges to be refunded, your claim will be put on hold.

If, however, you're at the court stage, the OFT press release is quite clear: "It will be for the courts to decide (how to proceed) in relation to claims made to them."

That's to say, it isn't necessarily the case that any claims already at the court stage will be suspended - though, I guess, the banks won't hesitate to apply for stays on this basis.

What do others reckon?!

Fred_Funk

	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.

[noomill060]

Quote:
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).


Agreed, but then they would have to admit that the original debt included unlawful charges and interest.

	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.

[Lunatic Flea]

Originally Posted by 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

I am worried and confused now.
The received the "General Form of Judgement or Order" as detailed below and have provided the information as requested by the Judge. I also provided to SCM full details of each charge and how worked out my interest etc as they requested it in a letter several weeks ago. I spoke to the court manager on the 23/7/07 who said Lloyds have failed to file at court a counter scedule and also they have not served anything on me. I even checked again on Tuesday with the court manager who said they definately not received anything.She told me to write to the judge asking for judgement which will be placed in my file that the file which will be given to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement.
I can almost taste the money but will this news today scupper that or as Lloyds failed to meet the deadline imposed by the Judge and it is so far down the line i can breath a sign of relief?
Surely my claim has gone too far and Lloyds cannot ask for anymore time etc???
Reading what Malaga1 wrote above "But the banks will be granted a waiver so they do not have to answer to any more complaints now" i guess this all might relate to any new claims just starting.
It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's
Upon reading the documents on file IT IS ORDERED THAT
1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation.
2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer.
After compliance the District Judge will consider further.
Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service.

	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.

[brokenbybanks]

Hey brothers and sisters -

For what it's worth, my advice is to bite down hard on something - I get the feeling we're all about to be royally screwed.

Now wouldn't that make a change?

[eileen58]

I wonder what will happen to people who have won but haven't got they're money yet. My son is just waiting for his decree to come through. He has actually won at court so I wonder if he will get his money.
I wonder also what will happen to people again like my son who is being threatened with a default on his account because he is overdrawn.

Eileen

[SBKnight]

BBC NEWS | Business | Banks agree to charges test case

[tomterm8]

Originally Posted by Fred_Funk

Has anyone read this?!

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

Point 11 is particularly interesting. Unless I'm reading it wrongly, it says that the OFT and banks have agreed to suspend any claims made to them pending the result of this test case.

That's to say, if you write to your bank or the OFT asking for your charges to be refunded, your claim will be put on hold.

If, however, you're at the court stage, the OFT press release is quite clear: "It will be for the courts to decide (how to proceed) in relation to claims made to them."

That's to say, it isn't necessarily the case that any claims already at the court stage will be suspended - though, I guess, the banks won't hesitate to apply for stays on this basis.

What do others reckon?!

Fred_Funk

In practice, i think that the courts will award a stay on the basis that the issues are being settled in the high court...

Sigh. Looks like the english justice system triumphs again

This is going to go to the House of Lords, so don't expect a result for at least 3 years.

	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.

[Mamie]

Hi theres a thread here

http://www.consumeractiongroup.co.uk...take-test.html

[Suecon]

Hi Amanda & Eileen whats all this claims suspended. Are the claims already in the court system suspended to

[shywazz]

Just come across this head line while browsing the net, thought it might intrest site members.

Press Assoc. - 15 minutes ago
The Competition watchdog has announced plans to take the major high street banks to court over their unauthorised overdraft charges.
ADVERTISEMENT

The Office of Fair Trading will launch a test case in the High Court on Friday in a bid to establish that the high charges are unfair.
Tens of thousands of consumers have complained about the charges, which are levied on people who breach their authorised overdraft limit, with many taking their bank to court.
The OFT, which has been investigating the issue since March, said the banks did not accept the unfairness rules of the Unfair Terms in Consumer Contract Regulations applied to the charges.
But it said in a statement: "The OFT believes that they do and is seeking to establish this legal principle clearly in the court.
"The OFT considers that a quick determination of this point of principle will assist in securing a clear orderly resolution of the fairness of these charges."
It added that it had decided to take action after being unable to secure voluntary compliance.
The test case will involve Abbey National, Barclays, Clydesdale, the HBOS group, which includes Halifax, HSBC, Lloyds TSB, the Royal Bank of Scotland Group, which includes NatWest, and Nationwide Building Society.
Together these banks account for around 90% of the current account market in the UK.
The British Bankers' Association said the banks were working with the OFT and City watchdog the Financial Services Authority to ask the UK courts to clarify the legal position regarding overdraft fees. But it added that the banks still believed the fees for unauthorised overdraft charges were clear and fair.

	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.

	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.