Office Of Fair Trading Test Case

[uvs]

hi i've got a pre hearing tomorrow will i still need to attend? or is my case going to be put on hold

[Mamie]

If you look in the thread I have posted, you will get all the answers there

[dori2o]

Originally Posted by tomterm8

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

Assuming that the result is a positive one, and I personally have my doubts, what about those who have claims that are currntly bordering on being Statute Barred?

Also, would the banks, assuming that we get the result we want, award interest for the years we have been forced to wait.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

	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.

[yiddo]

the OFT "hopes to have come to a view on fairness by the end of the year.We would then take appropriate steps to enforce our view,including enforcement action if the banks do not voluntarily co operate.

[dokie]

I`m filing in court in 10 days does this mean i`m safe ???

[Yanni]

Below is link to FOS announcemnt - everyone should read

FAQs complaints about bank charges

For those without Adobe thingy or too lazy to click on the link, below is text of FOS FAQs


consumer factsheet on …

1 unauthorised overdraft charges

The Office of Fair Trading (OFT) is taking a "test case" to the High Court – to get answers to important legal questions about bank charges for unauthorised overdrafts.

The Financial Ombudsman Service and the courts have received very large numbers of complaints from consumers about these charges. We have decided to suspend work on these cases – while we wait to hear the outcome of the High Court "test case".
This factsheet explains what the "test case" means for consumers – who may be at various stages of complaining about these charges.
1. "I haven’t complained yet about unauthorised overdraft charges on my account – am I too late now?"
The High Court "test case" on unauthorised overdraft charges does

not mean that you are now too late to complain. But until the outcome of this important legal action is known, banks are putting complaints about these charges on hold. This means that decisions won’t be made on these complaints for some time.

The Financial Services Authority (FSA), the regulator for financial services, has agreed that banks can suspend their work on complaints about unauthorised overdraft charges – while the "test case" is running.

But in return, the FSA has set strict conditions that banks must follow – including requiring them to keep customers who have complained about bank charges up-to-date with developments.
Once the legal proceedings are finished and the law is clarified, banks will have to apply the High Court decision to all the complaints they put on hold over this period.
If you want to register your complaint with your bank at this stage – but don’t know who to complain to – get in touch with us. We’ll contact the right person at the bank for you, telling them you have a complaint that they will need to deal with – once the legal proceedings are finished. Our contact details are at the bottom of this factsheet.
2. "my bank’s still dealing with my complaint about charges. What happens now?"
The Financial Services Authority (FSA) has agreed that banks can suspend their work on complaints about unauthorised overdraft charges – while the High Court "test case" is running. Because of the important legal issues that are being decided, this legal action is likely to take some time.
But the FSA has set strict conditions that banks must follow, if they put complaints on hold over this period – including requiring banks to keep customers who have complained about bank charges up-to-date with developments.
Once the law has been clarified by this important "test case", banks will have to apply the High Court decision to all the complaints they have put on hold.
3. "I’m not happy with my bank’s response to my complaint about charges. Can the ombudsman get involved?"
The Financial Ombudsman Service is not able to deal with any new complaints about unauthorised overdraft charges – while we wait for the High Court to answer the important legal questions in this area.
You should let your bank know, if you’re not happy with how it has responded to your complaint about bank charges. Your bank will keep your complaint on hold – until it can deal with it in line with what the High Court decides. This may take some time – but your bank should keep you up-to-date with developments.
After the High Court "test case" – if you remain unhappy with your bank’s response at that stage – you will then be able to refer the complaint to the ombudsman service.
4. "my complaint about bank charges is already with the ombudsman service. What happens now?"
We need to know the outcome of this important High Court case, before we can make decisions on individual complaints about unauthorised overdraft charges.
This means that where we have already started looking at individual complaints, we will not be able to continue work on the cases – until the High Court has answered the key legal questions in this area.
But we will continue to co-ordinate settlements offered by banks – in cases where there is already an offer on the table from the bank that the consumer would like to accept.
And in cases that we put on hold – while we wait for the key legal questions to be answered – we will write to the consumers involved, to keep them up-to-date with developments. We will review these cases in the light of the High Court decision.
In some cases (usually where consumers complained to us before they gave their bank the chance to deal with their complaint) we have referred complaints to the bank involved, for them to put through their own complaints process. In these cases, the bank will put the complaint on hold – until it can deal with the case in line with what the High Court decides. This may take some time – but your bank should keep you up-to-date with developments.
5. "I complained about unauthorised overdraft charges – and my bank has now made me an offer. Should I accept it – or wait and see what happens?"
If your bank has already offered you a settlement to resolve your complaint – and the offer is still open to you – you need to decide whether to:
��

accept the offer – in which case your complaint will be settled for good. You won’t be able to complain later about the bank charges covered by the settlement – whatever the outcome might be of the High Court "test case" on bank charges. or

��



reject the offer. This means that the current offer will no longer be open to you. But your complaint will be reviewed – when the High Court makes its decision on bank charges. No one can say at this stage what this decision will be.

If you’re not sure on what basis your bank has made you an offer, you should contact your bank for details.

2

6. "I’ve already accepted an offer from my bank – following my complaint about charges. Is this now the end of the matter?"
If you’ve already accepted an offer from your bank, this means your complaint will almost certainly be settled for good. The case won’t be re-opened. You can’t complain again about the bank charges covered by the settlement – whatever the outcome might be of the High Court "test case" on bank charges.
7. "why is the ombudsman service putting its work on bank charges on hold?"
The law is one of the things that the ombudsman service has to take into account when making decisions on individual cases. As the important High Court "test case" on bank charges is expected to clarify the law, we have decided not to continue our work on complaints about unauthorised overdraft charges – until the outcome of this "test case" is known.
8. "what about complaints that involve other banking-related problems, as well as bank charges?"
It should usually be possible to deal with all the parts of the complaint

except the part that relates specifically to whether bank charges are lawful or not. So it’s likely that only the bank charges issue would be put on hold – while we wait for the High Court to answer the important legal questions in this area.

You would be able to accept a settlement for the other parts of the complaint, without affecting your right to have your complaint about bank charges looked at again – when the legal proceedings are at an end.

phone

0845 080 1800 (office hours)

Financial Ombudsman Service

This factsheet for consumers is only a general guide. It is not legal guidance. We look at each case on its own individual facts and merits. We will always give you the chance to query anything you don't understand or agree with.
© Financial Ombudsman Service Ltd, July 2007

3

	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.

[fatboy88]

I thought it was only claims that have gone through the FSA that could be put on hold.

[tomterm8]

Originally Posted by uvs

hi i've got a pre hearing tomorrow will i still need to attend? or is my case going to be put on hold

You should attend.

Originally Posted by dori2o

Assuming that the result is a positive one, and I personally have my doubts, what about those who have claims that are currntly bordering on being Statute Barred?

Also, would the banks, assuming that we get the result we want, award interest for the years we have been forced to wait.

it's vital to submit the claims, 'cause otherwise they will become statute barred.

Interest question = yes.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

	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.

[eileen58]

Hi everyone,

We don't know the full details as we just seem to have only seen some of the program. But what I saw was a very, very, very, ****ed Martin Lewis who had not been informed about this until half an hour before the programme.
Hopefully some of the moderators will soon be able to tell us a little bit more

Eileen

[FairyVimto]

I am so confused...

I have just got my S.A.R - (Subject Access Request) details back, and worked out how much they owe me, but have not sent them the next letter yet...

Do I now have to wait or should I go ahead and send the LBA?

	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

	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.

[brokenbybanks]

3 years!!!!

Brilliant. Thanks OFT - weren't we all doing quite well without them? How many cases had been lost to the banks? How many had been won?

Once again the consumer gets done over - The sad truth is the stakes have just gotten too high - Now the banks can't even contemplate losing - If this case results in them having to automatically pay everyone back then I'll personally eat the 8 thousand pages of statements I've had to wade through.

@!*!

[uvs]

Originally Posted by tomterm8

You should attend.



it's vital to submit the claims, 'cause otherwise they will become statute barred.

Interest question = yes.

Cheers Thanks, however its really thrown a spanner in the works!

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[rah41]

I hope this is not the case as i am starting MCOL tomorow,
i have just spent 2 hours going over all of figures and paperwork.

[tomterm8]

Personally, instead of going through the court route, I would now go the financial ombudsman route...

	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.

[noomill060]

Would I be right in thinking that this only relates to current account claims and not credit card claims?

[noomill060]

Or, as the OFT is relying on unfair penalties and UTCCR does it effect both?

[Lunatic Flea]

Originally Posted by tomterm8

Personally, instead of going through the court route, I would now go the financial ombudsman route...

I think my original post got lost due to so many listings at the same time.
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.

[rogerebaker]

I think the point made earlier is very valid and needs to be put to the OFT

The banks should not charge any more OD fees until the result is known

It works both ways

[Suecon]

Hi folks, Im due to put bundle in on Tues shall I carry on or are cases already in court system on hold as well

[RFisher33]

Cheers for the clarification zootscoot