OFT v Banks - **House of Lords Appeal 23rd June 2009**

[SELV]

Hi Mr Moderator/Bookworm, now that avatar looks really like a Bookworm ,instead of a snooker player (hope you have a sense of humour life is too short hey?) Anyway thanks for the info on your last post shall be onto it as soon as have finished this post ,cheers matey..

[freakyleaky]

Hi Selv. Just thought I would let you know that "Mr Moderator/Bookworm" is actually a lady!

[SELV]

Cheers freakyleaky, having only been a member on the site for only a few weeks there was nothing in any of the posts I have read to assume the Bookworm was female so I appologise to Miss or Mrs Bookworm for my apparent error.Incidentally I know plenty of women that play snooker with or without glasses

[Bookworm]

I'm not one of them.

[SELV]

Nice one Bookworm now I see you in a completely different way ,so in future I will be more carefull what I say about you:o .Incidentally have you ever played?

[Bookworm]

Nope. I used to play a mean game of pools in my youth though.

[SELV]

To be honest Bookworm with the ammount of posts you do on this forum you probably do not have time to cook?

[Bookworm]

You'd be wrong, as we speak, I have half a wild salmon with coconut milk, lime juice, pepper, chilli pepper, ginger, garlic, tomatoes in the oven, should be ready in about 10 mns. First time I am trying the recipe.

(Now we're REALLY off the OFT case topic! )

[SELV]

I will be around in 9mins I love Salmon.(guessed you had a sense of humour)XX

[BankFodder]

The test case arguments are drawing to a close and the hearing is likely to be over by Friday. No sitting on Thursday.

Today, Counsel for Barclays in particular raised with the judge the issue of stayed cases. It was pointed out that many of the stays which had been granted were due to expire at the end of the test case hearing - which is likely to be on Friday.

Unsurprisingly the banks were concerned that the stays would automatically be lifted. The judge took this on board but instead of making an order, he commented upon the need to be even-handed about the matter and said that he would reflect on the issue and decide what recommendation he might make to the County Court judiciary.

	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.

	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.

[Gez]

Im still quite frustrated that the "to cover our costs" defence is not being examined. I'm sure there are thousands of cases in the system that have been stayed where this was still the written defence. If they were stayed because of the test case, then they are relevant & should have been examined imo.

	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.

[hilaryfrances]

come everypeeps lets wish the OFT good luck, I hope that "bullying big brother" gets a slap just where it hurts. Banks and other financial institutions are uncaring,profit chasing, bas****s who dont care who they hurt or stand on just to squeeze a bit more profit from the masses.

ooops get down from soapbox and hides in corner:o

[patrickq1]

to cover our costs
this is already in their seperate investigations hence no need at this time to bring up this subject / i think
patrickq1

[Gez]

Yes, it could be part of their further investigation if they were given power to make the ruling, but I believe that this method of defence should have been looked at in this test case. It would have shown the judge and the world just how blatant bankers have been in trying to dodge the law..

	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.

[ohoh4312]

BBC NEWS | Business | Bank charge cases 'need freezing'

Yesterdays report - so much for the possibility of stays being lifted

[nosnewois]

That news report is completely one sided. It only has the views of the banks qc's.
Shame on you BBC.

[Loonychoons]

The DJ AND the defence barrister in my stayed (mortgage) claim today both said April for the judgement from the OFT case.

[oggyman]

Hi I'm not certain but in order for the waiver to stay in place the agreement was that no substantial changes be made.
If the banks alter wording that seems substantial to me as does increased FINES!

	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.

[choco]

Let's try and at least keep this thread as it states - updates.
Does anybody know what's happening now? Did this end on Friday the 8th?

[oggyman]

Did I just get a rap on the knuckles?
Sorry
Only news is on bbc website.
Its a little vague ,waiver to stay but county courts to make their own decision.