OFT v Banks Documentation

[Bookworm]

As the paperwork is soon going to be piling up, I thought it better to keep it all in one place.

I'll close the thread, as it is for storage, not for discussion, please PM a moderator or site helper for inclusion if you come across a document that hasn't been posted yet. Thanks.

[Bookworm]

Original agreement:

Thanks to Finlander.

[Bookworm]

Order, 31/07/07

http://www.consumeractiongroup.co.uk...3&d=1189031174

Thanks to Zootscoot.

[Bookworm]

OFT Particulars of Claim, 31/08/07

http://www.oft.gov.uk/shared_oft/bus...s-of-claim.pdf

Thanks to crfx250.

[crfx250]

The Office of Fair Trading: Statement: update on OFT test case

http://www.oft.gov.uk/shared_oft/bus...-of-Claim2.pdf

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[crfx250]

This is the court copy of the defence and not the censored OFT version
which is yet to be published

Appologies for posting each banks' defence on a seperate thread but the
file sze limit prevents me posting them together.

[zootscoot]

Counsel opinion on the FSA waiver courteousy of crfx250:

http://www.consumeractiongroup.co.uk...t-1208395.html

	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.

[Bookworm]

The OFT's response to the Banks' defences, 15/11/07

http://www.oft.gov.uk/shared_oft/per....pdf?version=1

[crfx250]

The OFT have at long last published the banks defences in the test case.

The Office of Fair Trading: Personal current accounts in the UK - banks' defences

OFT lawyers had been busy for some time ''redacting sensitive information'' before publication presumabley at the banks insistance but the page count the OFT versions are no less than the court versions although I'm yet to look at them in detail.

Also very odd is the discreet way that the OFT have chosen to publish them. The defences have not been included in their site's 'what's new page' nor any of the the press release and 'advice and resources' pages in which all the other test case documentation is found.

The Nationwide defence is included which wasn't available from the court
but is here if Bookworm could add them to the test case documentation thread.

	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.

[zootscoot]

OFT Newsletter on personal bank account work

[zootscoot]

The Office of Fair Trading: OFT statement on Case Management Conference

[zootscoot]

http://www.oft.gov.uk/shared_oft/per...ksqa300508.pdf

[Bookworm]

http://www.judiciary.gov.uk/docs/jud...t-26022009.pdf

which comes from here:

Judgments - Abbey National - Office of Fair Trading

quite useful too.