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

[choco]

Originally Posted by 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.

LOL, no you didnt hun but theres so many topics with people ranting about this whole test case, it would be good to keep this one simple and to the point!
So i take it the county courts will write to us then, with their decision?

	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.

[stonedecroze]

This is nothing new but may help see where we are.

Bank charges hang in the balance as test case awaits judge's decision

[Caz1974]

You know whenever I read about this and it states " the end of free banking" I always think when as it ever been free anyway - we get none stop charges!

[Caz1974]

We also need to boycot the FSA and the courts to say whilst all court cases are stayed the Banks should freeze everything too ( there's countless cases of people being stuck in the stayed cases situation whilst the Banks keep piling on interest and more charges to those claims)
This is a one sided situation even before the decisions been made!
( rant over )

	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.

	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.

[SELV]

Nice one STONEDECROZE, there are a few big words in there but got the general jist of it ,looks like a bit of a wait but as they say good things are worth the wait? me thinks luv to BOOKWORM spke soon SELV ...X...

[chunky1977]

Just a thought - Not sure if anyone else has thought of this but:

If the banks have managed to get A Stay on all cases due to the ongoing test case then surely there should be a Stay on all charges being levied to accounts as it has not been decided if they are fair charges 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.

[Charlies Angel]

I'd rather be charged for my banking than be ripped off by bank charges which cause further bank charges. Why should the people who struggle financially pay for other people to have free banking anyway. Charging everyone the same seems more 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.

[InformedSearcher]

If I recall correctly the 'FSA' allowed only a limited time for a 'stay'. So has anyone the details of how long this is and following that does that mean people can revert to the original plan of reclaiming charges?
In one way banks might find they are kind of winning but on the other hand they must be employing more and more people to reply to claiments? One wonders if they will throw that into the equation too? Personally I think the FSA acted unfairly to the general public as we all know banks continue to pour on the charges and are probably investing the unpaid claims to their betterment.
Michael

[andrewman]

I have two different claims with two different banks. The financial ombudsman has told me that as the oft test case has not been judged, then banks are legally entitled to chase you for any outstanding charges on your account. This is happening to me, westcot is chasing me for 280 quid, i have got them to look again because my claim is far more than what the abbey is asking for.

	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.

	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.

[SELV]

Come on Andy Smith,you must be a bit of a slow reader or can't make your mind up ,if you have a problem send me an E-Mail and I will decide for you ,ok matey ,luv to Bookworm XX

[Gez]

Originally Posted by stonedecroze

This is nothing new but may help see where we are.

Bank charges hang in the balance as test case awaits judge's decision

The first line says:

Now that both sides have been heard in the case of the Office of Fair Trading versus potentially unfair bank charges

Unfortunately, there is another side that needed to be heard, OUR SIDE, but that was not allowed.

[JonCris]

Originally Posted by Bookworm

I'm not one of them.

OO'ER :o very discriminatory remark.

What's wrong with wearing glasses BW

[JonCris]

Originally Posted by andrewman

I have two different claims with two different banks. The financial ombudsman has told me that as the oft test case has not been judged, then banks are legally entitled to chase you for any outstanding charges on your account. This is happening to me, westcot is chasing me for 280 quid, i have got them to look again because my claim is far more than what the abbey is asking for.

Usual one sided waffle from the chocolate teapot. In an other matter we already have the abilities & effectiveness of the Information Commissioners Office being questioned by some MP's.

I think this bunch need to be next particularly after their very one sided decision to let the banks of the hook whilst letting them continue to impose their appalling charges

If they issue proceedings you can counter claim whilst at the same time asking the court to stay the said proceedings.

Incidental the court, knowing there are disputed bank charges in the claim, won't be happy with the bank for issuing prior to the OFT Judgment

	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]

In other words, as the amount claimed by the bank is made up of charges is legally in dispute, not only by you, but by the OFT, the court would have to stay any claim against you until after the test case judge gives his judgement.

	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.

[WILKINSS208]

hi
can anyone help. i know this has nothing to do with test case, but does with oft
i sent a load of original documentation (only because could not get it copies ) and sent it recorded mail to OFT
It was in connection with a complaint against Paragon Finance and their failure to respond to CCA and Subject Access Request request. It included all letters etc and documetation since 1995
I sent this at end of January and rang at the start of February to see what was happening. They said had not received it even though royal mail got proof of signature
where do i stand here if they dont find it? i could cry

	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.

	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.

[JonCris]

Have you told them you have 'proof of signature' if so have you given them a name

I know it's the stable door but your experience is a salutary lesson in why it's a very bad idea to send originals.

How come they never seem to lose copies

[WILKINSS208]

yes i have given them the ref number etc
i know its a lesson was off sick and never could get to copier and wanted it posted gone on too long
yes they ever lost any other copies

[JonCris]

Ok demand they make a concerted effort to find your papers failing which, as this affects your ability to claim, you will report them for maladministration

[InformedSearcher]

I had a little thought about all this ...
You know if you like came accross making cars run on water eventually you'd be offered an 'incentive' to sell to the oil companies or erm, shall we say 'nevr be heard of again'. I guess the banks in their usual predatory mode wish they could 'arrange' the same. I suppose headlines of '5 million people vanish overnight' might ring the odd alarm bell.
Thought I'd add a bit of humour to what's now becoming 'Office of Unfair Trading' vs 'Their mates, the Financial Institutions'.
Michael

[WILKINSS208]

Originally Posted by JonCris

Ok demand they make a concerted effort to find your papers failing which, as this affects your ability to claim, you will report them for maladministration

sorry if i sound thick, but what does this mean and what can be done