Oft Test Case - Next Important Date?

[jaxads]

Hi All

I've been searching the site, looking for the latest news re the oft test case, but cannot find anything. I had 17 January in my mind - am I imagining that or is something happening on that day??

All seems too quiet ..........

	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.

[SPROUTY]

The FSA waiver to the banks expires on 26 January there will be a certain amount of pressure to have the Test Case appeal results in by then.
Also we are still waiting for the final bit from Judge Andrew Smith re the requested statement from the Court that "Charges can not be tested as penalties" the only Bank who seemed to be struggling to get this pronouncement is RBS-NatWest..bless em!

	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.

[jaxads]

Thanks Sprouty

I don't know where I got the 17th from (probably someone's birthday that I should remember ).

Poor old NatWest don't seem to be getting much right at the minute - they're really struggling with my Subject Access Request !!!

Thanks again. jaxads

	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.

[082stewie]

Hi Jaxads!

I was thinking the exact same thing the other day, I was searching the web for updates or anything regards the test case and ZIPPO!!
No speculation on a result or even what the outcome may be.

Maybe a few senario's from the resident experts would be good (just an idea)

I did notice on LB the general overview is the stay will be extended .

Does anyone have the inside track on this, there must be thousands of us holding our breath waiting for any news.

Regards to everyone and Happy happy new year!

Stewie

	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.

[yourbank]

Originally Posted by SPROUTY

The FSA waiver to the banks expires on 26 January there will be a certain amount of pressure to have the Test Case appeal results in by then.
Also we are still waiting for the final bit from Judge Andrew Smith re the requested statement from the Court that "Charges can not be tested as penalties" the only Bank who seemed to be struggling to get this pronouncement is RBS-NatWest..bless em!

I am sorry but the Test Case Appeals determines the FSA Waiver and NOT the other way around. The waiver is in place until the conclusion of the OFT test case is concluded. I doubt a final final resolution to this will happen before the start of 2010(in my opinion). More pressure DOES need to be put on the FSA around the actual renewal of the waiver.

	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.

[SPROUTY]

I agree, however the result of the bank appeal is expected in January and also RBS Court declaration on charges as penalties is out standing,Judge Smith also indicated that he would attempt to have the matter resolved before Christmas so it’s due.

CONSPIROSY THEORY
If I were a banker with a blank cheque with love from Gordon sitting on the board room table I would seize the opportunity to clear the decks (with a little help from the uk tax payer) write down the debt and start over with a clean sheet.

I am not a banker..but here's hoping!

[flyingdoc]

CONSPIROSY THEORY
If I were a banker with a blank cheque with love from Gordon sitting on the board room table I would seize the opportunity to clear the decks (with a little help from the uk tax payer) write down the debt and start over with a clean sheet.

If I was a banker whose bank was 60% owned by the govt - I would be pressuring the government to legislate this out of existance.

I would suspect that we will se legislation to limit the refunds of PPi Charges and also to address the unenforceable loan issue.

[082stewie]

Hi all,

I’m no expert on this but I think we are in for the long haul with these whole bank charges.
My theory is the banks will loose, but not totally. I think it will go down the same road as the credit cards, they will refund the difference between what is considered fair and what has been charged.

The claiming of PPI has suddenly become a bit more difficult, companies are more willing to take you to task rather than rolling over and paying out. I’m experiencing this now with my own claim.

The unenforceable CCA agreements will defiantly be the next "big" thing that could potentially have bigger consequence than PPI and bank charges combined. What if companies decide to start checking CCA's. Again my own theory.

I just wished the waiting was over so I knew what direction to take. I have the letters sitting on my PC just waiting to be printed and sent.


Stewie

	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.

[SPROUTY]

Re PPI>

I heard a story at a drinks party over Xmas that a senior compliance staff at Barclays decided to leave the banking industry and start his own Claims Management Company. Why on earth would somebody want to do that? !

Barclays had an online loan which had a compulsory ppi "option" (yes I Know) rather than them putting their hands up and sending all applicants their PPI payments back they are refunding on application as they admit they could not possibly have carried out any suitability test.

But dont tell anyone its a secret!

Problem is getting information like this to the public and showing up the banks for what they really are.

[millie cat]

COMMERCIAL COURT LIST
COURT 76
Before MR JUSTICE ANDREW SMITH
Wednesday 21 January 2009
At 10:00
FOR JUDGMENT
2007-1186 Office of Fair Trading v Abbey National PLC
SHAZZAW POSTED ON THE LB SITE

[SPROUTY]

Here You go Chaps:

COMMERCIAL COURT LIST

COURT 76
Before MR JUSTICE ANDREW SMITH
Wednesday 21 January 2009
At 10:00
FOR JUDGMENT
2007-1186 Office of Fair Trading v Abbey National PLC

I believe this to be the announcement re NatWests charges being able to be tested as a penalty.

STAND BY FOR THE FIREWORKS IF THEY DONT GET IT!

[millie cat]

i just posted that

[jaxads]

Ooooooo - fingers crossed xx

[SPROUTY]

Millicat

SNAP

Great minds think alike!

[millie cat]

Sprouty
Yes sorry was so excited it was my first post, LOL
Hope its what we have all been waiting for.
good luck all of us.

[peter534]

Originally Posted by millie cat

COMMERCIAL COURT LIST
COURT 76
Before MR JUSTICE ANDREW SMITH
Wednesday 21 January 2009
At 10:00
FOR JUDGMENT
2007-1186 Office of Fair Trading v Abbey National PLC
SHAZZAW POSTED ON THE LB SITE

What is the LB site?

[SPROUTY]

Leagle beagles site.

OFT have confirmed that this is the handing down of judgement on what was left over from the declarations sought by the banks on whether their charges could be tested as penalties.

NatWest & abbey needed to make further representation.

On the bright side the most RBS/NatWest share price is likely to drop on bad news is 10.5p. Cheer up Fred the Shread !

[peter534]

Originally Posted by SPROUTY

Leagle beagles site.

Could you post a link please?

[Helford]

Just 'Google' it!

[barry_2008]

I want my money..

Oops sorry this isnt the banking forum.