The OFT Case

[JonCris]

Originally Posted by mailmannz

You are not getting what I am trying to say.

You say there is a conspiracy going on here...Im saying bull pucky, if there was one there wouldnt have been a court case to start with AND the FSA would have ruled years ago that bank charges were lovely jubberly.

The very fact the banks have had to front up to court and face the music should tell all but the most challenged individuals that any talk of a conspiracy between the banks and the OFT, FSA and Elvis is absolute crap. Crap on the 9/11 conspiracy magnitude!

Mailman

I understand precisely what your trying to say but if you think this case is NOT to the benefit of the banks I don't where you have been. It has had the effect, as they knew it would, of bringing to an abrupt halt their having to return millions of pounds to consumers

& it was the banks who instigated this action not the OFT - I wonder why

	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.

[breeze1996]

I thought it was the OFT who brought the case to court because of the sheer number of people who wanted to cliam.
Test case

The OFT has already stated that credit card default charges were unfair and had been set too high. It is now taking seven banks and one building society to the High Court seeking a ruling that the Unfair Terms in Consumer Contract Regulations 1999 do apply to bank charges.

Banking and credit | Bank charges | Bank charges

link from which. I've been reading it and it give quotes to use if you go to court.

If you remeber the banks were paying out rather than go to court. if they had a defence they would have used it long ago.

Also found this about small claim courts.
It's a fact sheet from which.

http://www.which.co.uk/files/applica...445-118164.pdf

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	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.

[JonCris]

No it wasn't the OFT although it was made to appear so at the time this case was at the behest of the banks.

Think about it who has it so far benefited to the tune of millions whilst at the same time allowing the banks time to introduce new 'service' charges to current accounts - the banks of course

[paulwlton]

Do we know what month the judgment will be handed down?

[Bookworm]

Latest news say July, but even that is not a definite.

[naffedoff]

Originally Posted by Bookworm

Latest news say July, but even that is not a definite.

Thats weird because its been announced that the judgement is going to be handed down on Thursday.

Hey ho, you can't win them all can you Bookie, never mind eh !

[PKea]

Originally Posted by Bookworm

Latest news say July, but even that is not a definite.

Glad to see that the senior staff on CAG are at the forefront with the latest news.

It was announced that Judgement will be handed down This Thursday (24th)

lol,

[vortex]

To give bookworm, her dues, first news broke after she had posted. First news broke 8 minutes later. It is Thurday.

[Bookworm]

Win what? There's a PRIZE? There I was, thinking that the important thing was customers hopefully getting justice.

[vortex]

Bookie sometimes, when someone else has already reproached another user for an inaccurate post, you need to let things lie. Having the last word is not always necessary. As a long standing moderator you must have learnt that by now. Even I spotted the cheap shot for a mile away at you which is why I reproached them for it.
As for Thursday, it is the beginning of the battle and not the end.

[Bookworm]

I wasn't "trying to have the last word", I was answering a post addressed to me.

I completely agree with you that this is - hopefully - the beginning and not the end, which is why it would be great to see those who usually gather like bluebottles the moment they sniff a whiff of an argument just go and do their own thing the way they like it done elsewhere. One can only hope.

We are on the verge of something which can potentially change the face of banking in the UK and once the result becomes publicised (with or without appeals at this stage), people are going to need so much help, it would be nice not to have to waste energy on other stupid stuff.

[vortex]

I am under some form of moderation and have no bear garden or PM's co cannot send message to MOD. could this be looked into please. Thank you and Thursday is Charges Judgement Day:o

[texel]

I will be very surprised if the case goes in favour of the public in any great extent The court will probably, if they do decide to go with the OFT come up with a decision tp allow the banks to charge a fee probably around the £ 12 mark like the credit card companies. Which to me is still far too much considering what it actually costs I hope the OFT has enough guts to really go after the banks but somehow I don't think they have

[brown1950]

Correct me if i am wrong but the Bank's already know the Judge's decision ! It was agreed the Banks would be given advance details of the decision (3 days?)

[Castlebest]

Originally Posted by texel

I will be very surprised if the case goes in favour of the public in any great extent The court will probably, if they do decide to go with the OFT come up with a decision tp allow the banks to charge a fee probably around the £ 12 mark like the credit card companies. Which to me is still far too much considering what it actually costs I hope the OFT has enough guts to really go after the banks but somehow I don't think they have

The level of bank charges has not yet been put to the court so I doubt that any level will be set at this stage. The £12 figure the credit card companies cling to is also not set by anyone, it is merely an arbitrary figure the OFT set for themselves when considering whether to investigate a consumers complaint or not.

	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.

[tiglet]

http://www.consumeractiongroup.c o.uk/forum/bank-charges-consumer-issues/139501-test-case-judgment-due.html to be fair, when info is on different threads, it's sometimes hard for people (mods included) to find the info immediately.

Plus, mods do have other things in their life too which can make an individual one very busy.

Now, at least we are getting somewhere, so no point arguing any more, is there?

[Castlebest]

Originally Posted by brown1950

Correct me if i am wrong but the Bank's already know the Judge's decision ! It was agreed the Banks would be given advance details of the decision (3 days?)

Both the banks and the OFT

[amethystdragon]

Well well well - Looks like the information I was given at the start of the month might have an element of truth in it after all

http://www.consumeractiongroup.co.uk...ml#post1449822

[mailmannz]

Originally Posted by JonCris

I understand precisely what your trying to say but if you think this case is NOT to the benefit of the banks I don't where you have been. It has had the effect, as they knew it would, of bringing to an abrupt halt their having to return millions of pounds to consumers

& it was the banks who instigated this action not the OFT - I wonder why

The banks, like us mere mortals, want clarity on what is and is not kosher. Can you blame them though since they have been absolutely hammered in over 99% of the cases brought against them!

Now that the banks have lost the first case do you reckon this is a set up so they can go to appeal, win that and then look squeaky clean there on in?

Mailman

[ukaviator]

The Judgment:

http://news.bbc.co.uk/1/shared/bsp/h...t_judgment.pdf